HomeMy WebLinkAbout1980-06-18 Council PacketKenai City Council
Meeting Packet
June 18, 1980
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AGENDA
KENAI CITY -COUNCIL - REGULAR MEETING
JUNE 18, 1980
PLEDGE OF ALLEGIANCE
A. ROLL CALL
AGENDA APPROVAL
B. PUBLIC HEARINGS
--l. Ordinance 576-80 - Amending Ordinance 537-79,
Merit System
-c--2. Ordinance 578-80 - Increasing revenues for EPA
Sewage Project - $25,000
,/3. Ordinance 579-80 - Amend Title 4, Uniform Building
Code
C. PERSONS PRESENT SCHEDULED TO BE HEARD
1. Attorney Rick Baldwin - Ray Cason lease,
renegotiated 1978
ier
.� 3. Gerald Wasson - lease renewal
�-4 Van Swan -p� Rehearing of termination
D. MINUTES
1. Minutes of regular meeting of June 4, 1980
2. Verbatim portion of minutes from regular
meeting of June 4, 1980
E. CORRESPONDENCE
F. OLD BUSINESS
1. Oilers improvement proposal - Bill Brighton
G. • NEW BUSINESS
1. Bills to be Paid, Bills to be Ratified
2. Requisitions Exceeding $1,000
kb14. 3. Ordinance 581-80 - Amending Title 23, Personnel
regulations to provide for title and pay range
changes for certain correctional officers
&/4. Resolution 80-98 - Transfer of funds - Legal
Department - City vs. Clarion suit - $900
,%5. Resolution 80-99 - Transfer of funds - Fire
Department - tuition and registration for fire
hydraulics and hazardous materials classes - $350
✓ 6. Resolution 80-100 - Transfer of funds - Jail -
supplies for repair of jail equipment - $100
✓ 7. Resolution 80-101 - Transfer of funds - Legal
Department - Electric copyholder & pocket
recorder - $385
✓8. Resolution 80-102 - Award of bid - 1980 3/4
ton 4 x 4 pick up - $8,201
9. Resolution 80-103 - Award of bid - Vibrating
roller/trailer - $9,388.50
ME=
G.O. Resolution 80-104 - Award of bid - wood chipper -
$4,698.00
V,011. Resolution 80-105 - Transfer of funds - Harbor
Commission - Administration coordinator to attend
_.._ Zacific NW Waterways Association - $630
f2. Resolution 80-107 - Transfer of funds - Senior
Vxcitizens - machinery & kitchen supply - $3,287
✓13. Resolution 80-108 - Award of contract - backstops
and fencing for softball fields to Saltz General
Contracting
VA4. Resolution 80-109 - Award of contract - Animal
Control fencing to Peninsula Fencing
V/15. Resolution 80-110 - Concerning Kenai Peninsula
Borough Ordinance-80-33 pertaining to City of
� Kenai giving up its port and harbor powers
16. Resolution 80-111 - Award of bid - janitorial services
17. Lease of airport land - Edward M. Brown
18. Lease of airport land - Avis Rent a Car, Inc.
19. Lease of airport land - Kenai Air
20. Lease of building and grounds - Kenai Historical
Society, Inc.
21. Amendment to lease - Gate 54
22. Amendment to lease - Ron's Rent -All
23. Amendment to lease - Macheras to Crabaugh
24. Amendment to lease - Associated Divers & Contractors
to Beluga Development Corporation, Lot 13, Block 1
25. Amendment to lease - Associated Divers & Contractors
to Beluga Development Corporation, Lot 5, Block 1
26. Amendment to lease - Associated Divers & Contractors
to Beluga Development Corporation, Lot 6, Block 1
27. Special use permit - Katmai Motel
28. Special use permit - Kenai Air Alaska
29. Special use permit - DeVito Guide Service
30. Special use permit - Dragnet Fisheries
31. Special use permit - City Cab Company
32. Special use permit - Aero Union Corporation
33. Wince,-Corthell, Bryson, Freas - Municipal
Airport - $21,323.65
34. Wince, Corthell, Bryson, Freas - Harbor study -
$10,300
35. Carmen Gintoli, architect - City Hall - $900
36. Borgen & Sons Excavating - gravel delivered
to airport - $22,428.00
37. Borgen & Sons Excavating - animal control road - y
$4,450
38. Letter to Governor Hammond from Mayor O'Reilly
39. Setting salaries for Attorney, Clerk, and City Manager
40. Request for testimony on wetlands by Senator Gravel
41. ADAP funds application - extend taxiway C
42. ADAP funds application - complete security fencing
FBO area
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G. 43. ADAP funds application - rehabilitate security
fencing - north end of airport
44. ADAP funds application - request new crash
fire rescue truck
H. REPORTS
1. City Manager
2. City Attorney
3. Mayor
4. Clerk
S. Finance Director
6. Planning & Zoning
7. Borough Assembly
S. Harbor Commission
I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD
ADJOURNMENT
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CITY OF KEN AI
DATEt 2- 117_g&
wS [AR I THE MICROPHOTOGRAPHIC IMAGES APPEARING
IN THIS ROLL OF MICROFILM STARTING WITH
RECORD FILE •NOt j
ARE ACCURATE REPRODUCTIONS. OF. THE
RECORDS OF THE CITY OF KENAI.
DEPTtRill I
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NOm 13
To the undersigned, Janet Whelan, City Clerk of the City of Kenai, AK,
a municipal corporation, in the performance of the functions of my off-
ice, hereby certify that the original camera negative microfilm images
contained on this roll up to the and target, are direct and facsimile
reproductions of the original documents. All documents were filmed com-
plete in their entirety.
I certify to the above to the bes of my knowledge and belief.
CERTIFIED HYt DATE:13 %D7,14
I.Anst Whelan, City Clerk
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RESUME
Ronald D. Rice
BIO-DATA '
i
Born: Roswell, New Mexico, July 17, 1946
Height: 6' 0" i
' Weight: 190 lbs. i
Military: U.S. Navy j
High School: West Anchorage High, Class of 64 j
Education: Northrup Institute of Technology
1155 14. Arbor Vitae St. j
Inglewood, California
Major; Bachelor of Science, Aerospace Engineering
Level completed; sophmore
Arizona State University
Tempe, Arizona
Major; Bachelor of Science, CiOl Engineering
emphasis on soils and structural engineering
Level completed; Graduated May 1975, also
completed 9 units toward Master of Science,
Civil Engineering, specializing in structures.
CITY OF KENAI
ORDINANCE NO. 576-80
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA,
REPEALING KMC 1.60.040 CONCERNING THE MERIT SYSTEM.
WHEREAS, Ordinance No. 537-79 of the City of Kenai codified )
the Personnel Ordinance of the City of Kenai as Title 23,
and
r
WHEREAS-, certain older sections of the prior Kenai Code,
including KMC 1.60.040, had been previously repealed by
implication and passage of a comprehensive personnel
ordinance, and it was the intent in Ordinance No. 537-79
to repeal all of these sections but due to typographical
error in Section 1 repealing those sections, KMC 1.60.050
was set forth twice but KMC 1.60.040 was not recited, and
WHEREAS, the provisions of KMC 1.60.040 are now covered
and included in KMC 23.05.010, KMC 23.05.040, and KMC
• 23.35.020.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF KENAI, ALASKA as follows:
Section 1: Section 1.60.040 is hereby repealed. I`I
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PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this
r 18th day of June, 1980.
i VINCENT O REILLY, MAYOR i
ATTESTS
Janet Whelan, City Clerk
First Readings June 4, 1980
Second Readings June 18, 1980
Effective Dates July 18, 1980
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CITY OF KENAI
ORDINANCE NO. 578-80
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA
INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE
CAPITAL PROJECT FUND ENTITLED "FACILITIES DESIGN" BY $25,000.
WHEREAS, the State of `Alaska, Department of Environmental
Conservation has awarded the City of Kenai $3,125 for
additional design work for the EPA Sewerage Project C-020077,
and
WHEREAS, the U.S. Environmental Protection Agency has
awarded the City of Kenai $18,750 for the same purpose,
and
WHEREAS, the City of Kenai Water and Sewer Special Revenue
Fund has monies available to provide the local share of
$3,125.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF KENAI, ALASKA that estimated revenues and appropriations
be increased as follows:
Water and Sewer Special Revenue Fund
Increase Estimated Revenues:
Contribution from Reserve for
Future Plant Expansion $3,125
Increase Appropriations:
Sewer Treatment - Transfer to
Capital Projects $3,125
Facilities Design Capital Project Fund
Increase Estimated Revenues:
Transfer from Water & Sewer Fund $3,125
State Grant 3,125
Federal Grant 18,750
25,000
Increase Appropriations:
Engineering $25,000
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Ordinance No. 578-80
Page 2
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 18th
day of June, 1980.
VINCENT O'REILLY, MAYOR
ATTEST:
Janet Whelan, City Clerk
First Reading: June 4, 1980
Second Reading: June 18, 1980
Effective Dates June 18, 1980
Approved by Finances 60A
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CITY OF KENAI
ORDINANCE NO. 579-80
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA
AMENDING TITLE 4, UNIFORM BUILDING CODE, OF THE KENAI
MUNICIPAL CODE.
It
WHEREAS, the 1979 Edition of the Uniform Building Code was
adopted by the City of Kenai on May 2, 1980, and
WHEREAS, the Building Permit fees were increased from 38 to
100%, and
WHEREAS, the City of Kenai is experiencing a slump in new
construction starts, and
WHEREAS, the 1976 Edition fee schedule was adequate to cover
the cost of inspections.
NOW, THEREFORE• BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA as follows:
Section 1: Section 4.05.030 is amended to read as
follows:
4.05.030 Permit Fees: The first paragraph of Sec.
304(a) of the Building Code adopted by this chapter is
amended to read as follows:
"Sec. 304(a) Building Permit Fees. The (A) fee for
each (BUILDIN-GI permit shall be paid to the City (BUILDING
OFFICIAL) as set forth in Table No. 3-A of Section 303 of
the 1976 Edition of the Uniform Building Code, except
that fees SHALL BE CHARGED for new construction of
Group R-3 and Group M-1 occupancies, or portions thereof
shall be charged as follows:
(1) Group R-3----------- $0.09 per square
foot of foundation area.
(2) Group M-1----------- $0.04 per square -
foot of foundation area."
Section 2: Section 4.15.030 is amended to read as
follows:
4.15.030 Fees: Sec. 304 of the Sign Code adopted by
this chapter is amended to read as follows:
"Permit fees shall be computed according to the valuation
of construction and erection of each sign in accordance
with Table No. 3-A of Section 303 of the 1976 Edition
of the Uniform Building Code[, ADO?TED BY CHAPTER 5 ."
Ordinance No. 579-80 ^
I Page 2 f
Section 3: Section 4.30.060 is amended to read as
follows: i
_. 4.30.060 Fees: If a building permit is issued, these
(PERMIT) fees shall bq considered as paid as a part of [THE j
BUILDING] such permit fee. If no such building permit is i
issued, (THEN the fee(Sj shall be computed according to
Table No. 3-A of Section 303 OF THE 1976 Edition of the
Uniform Building Code ADOPTEDBY CHAPTER 51.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 18th
day of June, 1980.
VINCENT 0 REILLY, MAYOR
ATTEST:
Janet Whelan, City Clerk
First Reading: June 4, 1980
Second Reading: June 18, 1980
Effective Date: July 18, 1980
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C R BALDWIN
BALDWIN & TAYLOR
ATTORNFYS AT LAW
POSE OFFICE BOX 4210
KENAI ALASKA 99611
1901) 283 1167
June 13, 1980
City of Kenai RECEIVED
Box 580
Kenai, Alaska 99611 JUN 16 i�du
Re: Ray Cason VL Kam, •
Honorable Mayor and City Council:
WALLER TAYLOR III
I represent Ray Cason, a lessee of Lot 1 Block 4, General
Aviation Apron.
The process of renegotiating Mr. Cason's lease rates
began in June of 1978. So far we have not been able to reach i
an agreement with the City. ,
In 1978, The City retained an appraiser who was
instructed to determine the fair market value of Mr. Cason's
lot. Based on this appraisal report the Cityy proposed that Mr.
Cason's lease rate be increased from $0.0145/sqq.ft. to $0.06/sq.ft.
This proposal was subsequently reduced to $0.0585/sq.ft.
The validity of the appraisal is questionable in that
it is based on some erroneous assumptions. First, the appraisal
states that the report assumes fee simple or unrestricted ownership
of the property. This is incorrect. The deed from the U.S.
Government to the City restricts the usage to "public airport
pureoses." Further, the lease from the City restricts the usage
to 'aircraft parking, sales and repair."
Sedondly, in determing the value of the property, no
consideration was given as to the amount of income which could
be derived from the property. The value was arrived at by comparing
the lot with other, unrestricted lots which were either sold
or were on the market.
E
The income potential of the property is limited not
only by the above legal restrictions, but also by certain practical
restrictions. Under present and foreseeable market conditions
the highest and best use for the property is for aircraft tiedowns.
Compared with other undeveloped lots in the vicinity the road
access is inferior. The lot does not front on a major taxiway;
it is accessible only to small to medium-sized general aviation
aircraft.
Due to the narrow taxi -way and inferior location, it
is doubtful whether the lot will ever be adaptable to an aircraft
sales or repair business.
Furthermore, all fixed base operators presently have
places of business. No other air taxis may operate from the Kenai
0
City of Kenai
June 13, 1980
Page 2
airport without receiving authority from the Alaska Transportation
Commission. No such authority has been granted in the last ten
years or so. The only practical use for the lot is for aircraft
parking.
Aircraft parking and tie diown space is necessary at
any general aviation airport. Someone must provide the service
at a reasonable price. Unless the city wants to provide the service
itself, financial incentive is necessary to private persons to
provide the service. To be induced to do so they must perceive
that they have a reasonable chance to do better than break even.
Renting aircraft parking spaces is not a money -making
operation. Under the lease rates proposed by the City in this
instance, it is a guaranteed money -loser.
Lot i has room for 10 small -sized aircraft parking
spaces. Each space rents for $35.00 per month. which also entitles
the renter to use of a storage trailer on the property.
$25.00/month is attributable to tie down fees and $10.00/month
is for use of the trailer. For purposes of this analysis, only
the $25.00 portion of the fee is considered as income generated
by the land, since the additional $10.00 is attributable to
improvements owned by lessee.
Annual expenses of operation, other than lease payments,
are as follows:
Property taxes (land) $ 150.00
Insuranee (minimum coverage) 480.00
Snow removal 200.00
General & Administrative 300.00
TOTAL-$1130.00
The income which can be realized from the property
will naturally vary according to the occupancy rate. The two
primary renters of tie down spaces have indicated that a T5%
annual occupancy rate is the best that can be expected under
present market conditions.
City of Kenai
June 13, 1980
Page 3.
The following analysis nets forth
the economic impacts
upon Mr. Cason of various lease rates, depending upon the occupancy
rates.
Assume a 75% annual occupancy rate:
Assume present lease rate ($0.0144/sq.ft.)
10 spaces X $25/space X 12 months _
$ 3,000.00
@ 75% occupancy a
2,250.00/yr gross
income
less operating expenses
(( 1,130_00/yr)
Net before payment of
lease ($0.0289/sq.ft.)
$ 19120.00
Assume present lease rate
($0.0144/sq.ft.)
( 560.74)
Net Profit ($0.0144/sq.ft.)
$ 559.26
Assume lease rate proposed by City
($0.0585/sq.ft.)
$ 29266.88
Net Loss ($0.0296/sq.ft.)
( 19146.88)
Break even lease rate ($0.0289/sq.ft.)
1,120.00/yr.
Assume a 607. occupancy rate:
•'
607. occupancy
$ 1,800.00/yr gross
income
lets operating expenses
( 1,130.00/yr)
Net before lease ($0.0173 sq.ft.)
670.00
Assume present lease rate
($0.0145/sq.ft.)
560.74
Net profit ($0.0028 sq.ft.)
109.26
Assume lease rate pprroposed
by City ($0.0585/sq.ft.)
2,266.88
Net loss ($0.0412/sq.ft.)
($1,596.88)
Break-even lease rate ($0.0173/sq.ft.)
$ 670.00/yr
At a lease rate of $775.00/year ($0.02/sq.ft.)
the
break-even point is 63% occupancy. It is this
rate which Mr.
Cason proposes.
City of Kenai
June 13, 1980
Page 4
As indicated above, the problem with the aircraft tiedown
business Ls that it is not a money-maker. However, any general
aviation airport must offer such services in order to generate
sufficient traffic to justify its existence, and, more importantly,
to generate revenue for general aviation businesses located upon
the airport.
' 4
If the city requires from such a lessee a lease rate
which is higher than his anticipated revenues, he has two choices.
The first is to increase his tie down fees to make up the
difference. With higher rates he will not be competitive, and
will not be able to attract any business, thereby leading to
the second alternative, abandonment of the lease.
If the City adopts a policy of charging all its lessee's
who provide tie -downs at the rate charged Mr. Cason, the
predictable result will be the disappearance of privately owned
aircraft from the Kenai Municipal airport, or, the City falling
heir to the business of leasing aircraft. Either way the City
loses. At the present time the City is spared the administrative
headaches inherent in supervising and servicing a Cie -down
business. The Council, by charging high lease rates for tie -down I
lots may be moving toward assuming this non -remunerative business. i
Since I
I
i C.R. BALDWIN
Attorney at Law
CRB/hs
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ARCTIC AVIATION INC.
of , Block 1. GAA Beginning Date Term Ending Date
April 1., 1955 55yrs. June 30, 2020
1966 Rate a $926.82 annual
1970 Appraisal missed
1975 Appraisal missed
1980 Proposed Rate - $2,640.00 annual
185% overall increase in 15 years
7.23% increase per year over 15 years, on an annual compound interest basis.
RAY CASON
Lot 2 sty Subdivision Beginning Date Term Ending Date
August 20, 1970 5�yrs,June 30, 2025
1970 Rate a $1,074.80
1975 Appraisal missed
1980 Proposed Rate a $6,041.25
462% overall increase in 10 years
18.84% increase per year over 10 years, on an annual compound interest basis.
' GERALD WASSON
Lot 2, Block 2, GAA Be innin Date Term Endina Date
may 1, 1976 $5 yrs: June 30, =0
1976 Rate a $2,000.00
1980 Proposed Rate a $2,100.00
5% overall increase in 5 years
.98% increase per year over 5 years, on an annual compound interest basis.
GERALD WASSON
Cot 2. Block 4, GAA BgSinning Date Term Ending Date
may 15, 1975 N yrs. June 30, 2031
i�
4 1976 Rate a $939.15
1980 Proposed Rate = $1,314.00
39.9% overall increase in 5 years
6.95% increase per year over 5 years, on an annual compound interest basis.
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CITY OF KENAI
lod eapdd 4 4"
P. O. SOX 340 KtNA1. ALASKA "611
TELEPHONE 403 • 7W5
May 20, 1980
Arctic Aviation, Inc. . CERTIFIED NO. 4994083
P.O. Box 550
Kenai, Alaska 99611
Ref: Lot 1, Block 1, General Aviation Apron
Dear Lessee:
The lease, signed in 1966, on the above referenced lot contains a clause
(010) for a five year renegotiation of the lease rate. The renegotiation
was not done in 1975. We have had an appraisal performed on this lot by
Mr. Edwin S. Warfle as of April 29, 1900.• A copy of that appraisal is
enclosed for your review.
The City Council has adopted a six (6) percent rate of return for lease
of Airport Lands. A recap -of the lease appraisal follows:
4/29/80 Appraisal $44,000.00
Rate of Return ; t.6%
Proposed Lease Rate,683�
However, Section 21,10.130 (d) of the Kenai Municipal Code (enclosed)
states that those leases that were not redetermined at the previous
five-year interval, shall be redetermined at not greater than 150% of
the 1977 value 0 65.4.1
We have had a 1977 appraisal performed on the above lot (enclosed). The
result and the calculated maximum lease rate follow:
1977 Appraisal 535,400.00
Rate of Return 6%
1977 Rate 2,124.00
Cap Provision 150%
Maximum 1980 Rate 8 .0
Since the calculated lease rate based upon the 1980 appraisal does not
exceed the maximum rate calculated above, the proposed lease rate shown
1
Arctic Ablation, Inc. Page 2 -
May 20, 1980
in the second paragraph above is the rate we are proposing for the
period July 1, 1980 through June 30, 1985.
Paease execute and notorize the enclosed "Amendment to Lease" and
return it to this office, attention Kim Howard. You will be receiving
an adjusted billing at a later date.
Sincerely, °
4
Charles A. Brown
Finance Director
Enclosures j
CAB:kh
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R.
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-- - -- - _ - •tee
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, •••r::f J«.i:.:.• r.N..•Ai6"ii�79nI
ANE3CMENt 70 LEASE
That certain lease betneen the City of Kenai and A.L. Hudson,
Hudson Aircraft 6 Engine Service ,dated January S. 1966
And subsequently assigned to Arctic Aviation, inc.
. by Assignment dated
January 28. 1976 is hereby amended to reflect that pier-
suant to Paragraph - 10 , of such lease. the lease rate has
(teen renegotiated for
Lot I; Block 1, General Aviation Apron
by tilt p•u•tt: K .md Is now -Ind shill 1,,. s 2.640.00 nor ynar `
(at* the pavrid baginninir July 1 . 10 80 . one. ending
June 30
CITY nP Vv.%*Ai
Mn. J. Brighton. City Manager
STATE OF ALASKA )
) ss.
THMO JUDICIAL DISTRICT )
On this day of . i9 , before me
personally appeared , known to be the
person who executed the above Lease. and acknowledged that he (she) had i
the authority to sign. for the purpose stated therein.
f
NOTARY PUBLIC FOR ALASKA
My Commission Expires_
' LESBt:Fi }
Arctic Aviation, Inc,
STATE OF ALASKA I
ss.
THIRD JUDICIAL DISTRICT )
On this day of -,to before me
personally appeared a QMw_a be the
person who axecuted the above Lease and aoknowtudged that he (she) had
the authority to slQn the some. for the purposes sated therein.
�ItrARY rUULIC i't)It ALASKA
ANY commission F.xpires�_
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CITY OF KENAI
_ F. 0. BOX 0/0 KINAI. ALASKA 9"11
' TRUMN6 283 •7666
MIEN -
May 20, 1980
Mr. Ray Cason CERTIFIED NO. 4994082
P.O. Box 325
Kenai, Alaska 99611
Ref: Lot 2, Gusty Subdivision
Dear Mr. Cason:
The lease, signed in 1970, on the above referenced lot contains a clause
(010) for a five year renegotiation of the lease rate. The renegotiation
was not done in 1975. We have had an appraisal performed on this lot by
Mr. Edwin S. Warfle as of April 29, 1980. A copy of that appraisal is
enclosed for your review.
The City Council has adopted a six (6) percent rate of return for lease
of Airport Lands. A recap of the lease appraisal follows:
mA
' 4/29/80 Appraisal $107,500.00
Rate of Return 61; ' • -
i: Proposed Lease Rate 6,450.00
However, Section .21-10.130 (d) of the Kenai Municipal Code (enclosed)
state that those leases that were not redetermined at the previous
' five year interval shall be redetermined at not greater than 150% of
the 1977 value @ 6%. ..' • • w" • ' •
I- ..... �;,y.
We have had a 1977 appraisal ;performed on the above lot (enclosed). The
result and the calculated maximum -lease rate follow:
1977 Appraisal $67,125.00
Rate of Return 6%
1977 Rate 9027 3
Cap Provision 150%
k Maximum 1980 Rate 4 EW4
1 --- i
Since the calculated lease rate based upon the 1980 appraisal exceeds the
�( maximum rate calculated above, the maximum 1980 rate shown above is the 1
Al - - - - - -
• - _ .. _ ti..-- ---.- - r .ram -� �_..` : . _.WVW_
7
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Mr. Ray Cason Page 2
r May 20, 1980
rate we are proposing for the period July 1, 1980 through June 30, 1985.
alease execute and notorize the enclosed "Amendment to Lease" and return
it to this office, attention Kim Howard. You will be receiving an ad-
justed billing at a later date.
Sincerely,
C,
Charles A. Brown
Finance Director
1
Enclosures
CAB:kh
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• AMEMMEUT TO LEASE
That certain lease between the City of Kenai and James A. Adkins
and Edward A. Ferouson . dated August 20, 1970
and recorded at Book 115 . Page 942 and subsequently assigned
to Ray Cason
is hereby amended to reflect that rar. '
suant to Paragraph 10 . of such lease• the lease rate has
peen renegotiated for
Lot 2, Gusty Subdivision
by the Parties and li now Ind shalt ion 46,041.25 nor year
for 1110 Ported beginning July 1 • 10 80 , and ending
June 30 .19 85
COPY M IMNAI
Wm. J. Brighton, City Manager
STATE OF ALASKA )
ss.
THIRD JUDICIAL DISTRICT ) On this day of .19 , before me
personally appeared : Mown to be the
Person who executed the above Lease. and acknowledged that he (she) had
the authority to sign. for the purpose Stated therein.
NOTARY PUBLIC FOR ALASKA l
sly Commission Expires- �
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LESSM1.
Ray Cason i I
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STATE OF ALASKA )
THIRD JUDICIAL DISTRICT )
On this day of 019 . before me
personally appeared . known to be the
person who executed ilia above Lease and acknowtudged that he (she) had
the authority to sign the same. for the purposes stated thoroin.
i
XOTARY PUBLIC FOR AL189A
Sty Commission Expires
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CITY OF KENAI
.0d eap4w 4 4"
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P• O. SOX 610 KENAI. ALASKA 99611
1`111/NONI 203 • 7636
May 20, 1980
Mr. Gerald Wasson CERTIFIED NO. 4994091
P.O. Box 3689
Kenai, Alaska 99611
Ref: Lot 2, Block 2 and lot 2, Block 4, General Aviation Apron
Dear Mr. Wasson:
The leases, signed in 1976, on the above referenced lots contain a clause
010) for a five year renegotiation of the lease rate. .We have had an
appraisal performed on these lots by Edwin S. Warfle as of April 29, 1980.
A copy of that appraisal is enclosed for your review.
The City Council has adopted a siic (6) percent rate of return for lease
of Airport Lands. A recap of the lease appraisals follows:
Lot 2 Block 2 Lot 2 Block 4
4/29/80 Appraisal -V5,,O 0.00 i ,900.00
Rate of Return 6% 6%
Proposed Lease Rate 00.0 jf�-QTZ�.w
However, Section 21.10.130 (b) of the Kenai fMunicipal .Code (enclosed)
states that leases shall be redetermined at not greater than 150% of the
prior lease rate.•. The calculated maximum lease rates follow:
Lot'2, Block 2~+ . cot 2 Block 4
Prior Rate •-'$ ,0 .-00 ;t939.15
Cap Provision 150% ;.` 160%
Maximum 1980 Rate
Since the calculated lease rates based upon the 1980 apprassals does not
exceed the maximum rate calculated above in each case, the proposed lease
rates shown in the second paragraph above are the rates we are proposing
for the period September 1, 1980 through June 30, 1985.
Please execute and notarize the enclosed "Amendments to Lease" and return
them to this office, attention Kim Howard. You will be receiving an adjusted
billing at a later date.
Enclosures
CAB: kh
Sincerely,
e.
Charles A. Bfown
Finance Director
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VIF`'PIENT To LHASP
That a-rtaln Wide bet::oen the (11ty of tionai anct Gerald L.
Wasson , dntod May 6, 1980
and recorded at Ikwk 95 . Pane 252 . Is hereby
amended to ranret that perenant to Paragraph 10
of such tense. the Innno rate has boon ronaQotbttud for
Lot 2. Block 4, General Aviation Apron
by the parties and in now and shall bo A. 1,314.00 nor year
for the period beginning —Sent bar 1 l9¢I�. and ending
June 30 , loss
CITY OF KENAI
STATE OF ALASKA ) . J. Brighton, City Manager
) Be.
THIRD JUDICIAL DISTRICT )
On this day of .10 . before me
personally appeared —.known to be the
Person who exeeutod the above Lease. and acknowledged that he (she) had
the authority to sign. for the purpose stated therein.
• NOTARY PUBLIC FOR ALAS
My Commission Expires
LESS".
Gerald L. Wasson
STATE OF ALASKA )
as.
THIRD JUDICIAL DISTRICT ) ,
On this day of 119 . before me
personally eppeared . known to be the
person who executed the abovo Lease and acknowledged that he (she) had
the authority to sign the some. for the purposes stated therein.
NOTARY PUBLIC FOR ALASKA
My Commission Expit*es-
- -_
'•i�tti�iwiti�lsss�
1
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,
to
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��.�._M.._�..-. "_... •ram.
1
VIVNIII NT TO Lfi.\SI'
That ovt-.tin hm,a betweatt the City of Kopnoi and Gerald L. '
Wasson r May 1. 1976
t rttetl
and recorded at think 95 . Page 262 . is hereby
i
amundod to reflect that persuunt to Paragraph 10
of such tuatco. the bmao rate has boon renagotiutud for
i
Lot 2, Block 2, General Aviation Apron ;
by the parties and to now and shall bR t 2,100.00 nor year
for the period beginning September 1 . 19 80 , and andine
June 30 . 19 SS
CITY nF KENAI
Wm. 4. Brighton, City ginger
STATE OF ALASKA ) ;
sa.
THIRD .JUDICIAL DISTRICT )
On this day of 119 . before me ;
personally appeared . mown to be the
person who executed the above Lases, and acknowledged that he (she) had
the authority to sign, for the purpose stated therein.
NOTARY PUBLIC FOR ALASKA
My Commission expires_��
LESSER.
Gerald L. Wasson
;
STATE OF ALASKA ) `
ss. �
TIHRO JUDICIAL DISTRICT ) tI
On this day of 119 . before me
personally appeared . Q —own to be the I
person who executed the above Lease and noknowladged that he (she) had j
the authority to sigh the same. for the purposes stated therein.
1
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Ott r.►flY PUBLIC FOR ALASKA
bty Commission I ,xp►tlas��
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(KENAI CITY COUNCIL - REGULAR MEETING
FEBRUARY 20, 1980 - 7:00 P.M.
KENAI PUBLIC SAFETY BUILDING
MAYOR VINCENT O'REILLY PRESIDING
PLEDGE OF ALLEGIANCE
A. ROLL CALL
ij
Present: Edward Ambarian, Raymond Measles, Betty
Glick, Ron Malston, Vincent O'Reilly
Absent: None
Mayor O'Reilly stated he would welcome a motion to appoint
Mrs. Mary Ann Dore as Acting City Clerk, moved by Councilwoman
Glick, seconded by Councilman Ambarian. Council so concurred.
AGENDA:
I
Mayor O'Reilly requested under New Business a "G A" be added
entitled "Election of new Council persons." Council so con-
curred.
B. HEARINGS
B-1: Ordinance 537-79
MOTION:
Councilman Ambarian moved, seconded by Councilwoman
Glick to reconsider Ordinance 537-79.
i
Mayor O'Reilly read Ordinance 537-79 by title only.
An ordinance of the Council of the City of Kenai,
Alaska codifying into the 1979 Kenai Code the Personnel
Ordinance of the City of Kenai as Title 23." i
There was no public comment.
Motion passed with Councilmembers Measles and Malston
voting no. 1
City AttorneyDelaha explained the I y proposed amendments {
to Ordinance 537-79. Proposed Amendment #1 would make {
an exception to handling disciplinary actions such as
suspension, demotion, or dismissal as grievances to be
made directly to a Personnel Board selected from an
Arbitration Panel.
February 20, 1980, Page 2
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Proposed Amendment #2 adds two sections to Chapter 23,
23.35.032 "Arbitration Panel" and 23.35.034 Procedures
On Appeal." Proposed Amendment to Amendment #2 substitutes
a new subsection c that provides a different method of
chosing the Personnel Hoard from the Arbitration Panel.
Two methods were set out in the ordinance and City
Attorney Delahay wanted to make sure which method the
Council would prefer.
MOTION:
Councilman Ambarian moved, seconded by Councilman
Malston to amend Ordinance 537-79 with Amendment #1 and
Amendment #2 and in Section 23.35.034 put in the substitute
amendment.
City Attorney Delahay pointed out that a repetition
occurred since the amendment to amendment #2 was accepted.
He asked that in Section 23.35.034(b) lines 2, 3, and
4 be deleted all except the word "shall."
MOTION, AS AMENDED:
Councilman Ambarian moved, seconded by Councilman
Malston to amend the motion to delete in 23.35.054(b)
`
lines 2, 3, and 4 except the word "shall."
(
Mayor O'Reilly questioned if the fifth Whereas needed
to be changed and City Attorney Delahay said it did
not.
{• ,j� Motion passed unanimously by roil call vote.
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Ruby Coyle wished to speak on this ordinance. She was
concerned about repealing certain sections of the first
Code of Kenai. At the last Council meeting she asked
that the minutes of the Council be reviewed at the time
the personnel ordinance was passed in 1977. Councilwoman
Glick reviewed her minutes and found nothing in the
y
minutes. Has any of the administration researched the
f minutes of 1977 of any mention of deleting the Personnel
Board in the first ordinance which is the operation of
the City government?
,{ City Attorney Delahay said the City Clerk went through
_---
the minutes for the entire year on personnel actions
from the time the City Manager first brought up the
suggestion of completing and clarifying the personnel
ordinance. The only thing that shows intent is that
1 "the opinion of the City Manager shall be final."
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February 20, 19801 Page 3
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Ruby Coyle said that since no mention in the minutes of
1977 show deleting an item as important as the Personnel
Board would this change your decision?
City Attorney Delahay replied no. The Council decision
passing the Personnel Ordinance which stated "the City
Manager's opinion being final, "that finality would
overcome the weight that is placed by repeal by implication.
Ruby Coyle referred to the opinion that was sent by the
KiCity Attorney which states "to be repealed by implication
it has to -contain all items that is in the former
` ordinance." She didn't believe that it would be the
intent of this body to delete Chapter 1, "Form of
Government," nor to write the personnel ordinance in
1977 by implication covering the subject.
City Attorney Delahay stated that all portions of Title
1 related to personnel were repealed by implication.
It didn't repeal all other sections not regarding
personnel.
MAIN MOTIONS
Motion passed unanimously by roll call vote.
C B-2: Ordinance 548-80
Mayor O'Reilly read Ordinance 548-80 by title only.
"An ordinance of the Council of the City of Kenai,
Alaska, amending a portion of KMC 1.56.020 to correct
the rules and regulations of library use."
There was no public comment.
MOTION:
Councilman Ambarian moved, seconded by Councilwoman
Glick, for adoption of Ordinance S48-80, amending a
portion of the Kenai Municipal Code relating to the
library.
Motion passed unanimously by roll call vote.
B-3: Ordinance 550-80
Mayor O'Reilly read Ordinance 550-00 by title onlv.
"An ordinance of the Council of the City of Kenai,
Alaska increasing estimated revenues and appropriations
in the 1979-80 General Fund Budget by $500 to purchase
additional library books."
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KENAI CITY COUNCIL
FEBRUARY 6, 1980
Page 2
It was then noted that the ordinance had been tabled at a previous meet-
ing and had to be brought from the table.
MOTION TO BRING FROM TABLE:
Councilwoman Glick moved, seconded by Councilman Malston, to bring
the ordinance from the table.
Motion passed unanimously by roll call vote.
MOTION:
Councilman Malston moved, seconded by Councilwoman Glick, to approve
the ordinance.
There was no public comment.
Motion passed unanimously by roll call vote.
13-2 Ordinance 837-79 - Amending the Municipal Code, Title 23, Personnel
MOTION TO BRING FROM TABLE:
Councilwoman Glick moved, seconded by Councilman Malston. to bring
the ordinance from the table.
Motion passed unanimously by roll call vote.
Public Comment:
Ruby Coyle said in referral to the ordinance, the pages are not numbered.
On the Sth page, (to delete paragraphs 2,3 a 4, etc.), she disagreed whole-
heartedly with the City Council sitting as a Board of Ode vane.
The Council would not be an unbiased jury, because of the close relation-
ship with the City Manager. An example - When Ed Glotfelty was City Man-
ager, the Council would have "flipped over" if he asked them to. Had she
been an employee and fired by Mr. Glotfelty, no doubt the Council would
have upheld it, because of the working relationship with Mr. Glotfelty.
Also, when John Wise was City Manager. He was on probation, worked
for a while, and was fired. Had she been fired by Mr. Wise, and she
had come to Council, they would have supported her and fired Mr. Wise.
She believes you would have a fair unbiased committee. The School Board
does not have final authority. All the other cities have a Board separate
from administration. It is unfair, not in accordance with the Charter.
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KENAI CITY COUNCIL
FEBRUARY 6, 1880
Page 3
There has not been a Personnel Board in recent years, we have been
derelict. The lot ordinance spells it out. It you went back to your min-
utes of 1077, she doesn't believe you will find anything to indicate they
%wanted to do away with the Personnel Board. She realized the Council
has the authority to run the City according to the Charter. It they don't
they can be tined, taken to Court. This can only by changed by vote of
the people. She knows you work hard. She doesn't mean it against you.
She hopes it doesn't have to go to Court.
Roger Meeks spoke, he reiterated what Mrs. Coyle said. There is no
point in saying it twice. He hadn't tried to put down the Council, but
he thinks the Board is necessary. The Council would be biased. Luke
Caro, Carl Glick and he were on the original Personnel Board. They
only sat once, and upheld the Council at that time. It you're careful,
you can get a good Board. You can't help but be prejudiced. The Board
should be very carefully selected. The Personnel Board is the only way
to go. If they don't do it properly, just get a new Board.
Mayor O'Reilly asked the Council it they wanted to vote on the amend-
ments as they went along. Councilman Ambarian replied there is a motion
to put it on the table. Councilwoman Glick asked as introduced Jan. 2.
Councilman Ambavian replied no. as introduced on Jan. 16. There is
no longer a substitute, it was introduced as substitute #2. Mayor O'Reilly
said it is the suggestion of the Council to vote on each amendment.
Council agreed.
Mayor O'Reilly asked Councilwoman Glick to refer to page S, to delete
paragraphs 2,3 4, etc. Councilwoman Olick deterred to Atty. Delahay.
Atty. Delahay. explained that the ordinance amendments are divided so
the Council can vote on each part. Several sections were done that way.
Mayor O'Reilly asked, so we have - amendment 1 has 4 parts, right?
Atty. Delahay replied yes. Mayor O'Reilly asked for a vote on smend-
ment 1.
MOTION:
Councilman Ambarian moved, seconded by Councilman Measles, to place
the ordinance on the table.
It was noted that this was already voted on.
MOTION:
Councilman Ambarian moved, seconded by Councilman Aber, to adopt
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KENAI CITY COUNCIL
FEBRUARY 6, 1980
r Page 4
Ordinance 537-79 with amendment #l, sections 1,2 & 3 and omit section
3, step 4 (the personnel board) .
%Councilman Ambarian said we have to delete step 4 because the lot page,
paragraph 6 implies we did have a personnel board. Mayor O'Reilly
asked Amendment #1 has sections It 2 t 3 & 4, or Amendment has 1,2 & 3.
Councilman Ambarian asked, how can we repeal an ordinance that has
a personnel board that we say we do not have. Mayor O'Reilly asked
Acting City Manager Brown, he was at the work session, what was the
recommendation. Mr. Brown said from memory, 4 out of 5 voted to go
with deletion of 2,3 & 4 and go along with deletions suggested by Coun-
cilwoman Glick.
Motion with amendment failed, with Measles, Glick, Malston & O'Reilly
voting no, and Aber & Ambarian voting yes.
Mayor O'Reilly asked it there was any further action on amendment 1.
MOTION:
Councilwoman Glick moved, seconded by Councilman Malston, to adopt
�.. 537-70, amendment #1, items #1 & #4.
Councilman Ambarian said he didn't attend the work session, and asked
Councilwoman Glick to explain the reasoning behind it. Councilwoman
Mick said it was a culmination of discussions with the other Council mem-
bers. She said she felt the City Manager to employed by the Council
and the Council ultimately takes action. The Board could only decide
.�[ if it was political or with malice. She further stated either way the Coun-
cil is going tat have to take action against the City Manager. He still comes
under our jurisdiction. After this was discussed it was suggested she
check into this further, which she has been doing. She checked with Sol-
dotna, it is patterned after Seward. Pat Poland, with the the State, was
recommended. She could not get ahold of him. Councilman Malston
asked Atty. Delahay it he could research this. He further stated he had
no problem with the amendment, but he is still researching, is it legal
for the Council to sit as a personnel board. Atty. Delahay said he did
some research, he found nothing one way or the other regarding Coun-
cil serving as a personnel board, it is up to us. Council has the final
authority. The Charter says Council has the power to decide. Atty.
Delahay said he believes the Council may, but is not required to appoint
a personnel board. Councilman Aber said the way this reads, section 4
says no "it's, and's or butts," Council is the Board. Councilwoman
Glick agreed it does, but she to still checking into this. She thinks we
_ should do what's in the best interest of the City employees and the Council.
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KENAI CITY COUNCIL
FEBRUARY 8, 1980
Page S
r Councilman Aber asked why is the Grievance Committee in the best in-
terest of the City. Councilwoman Glick replied because the City Manager
can make the decision to hire or fire, the Council then decides, then
/ Ireviewe the City Manager's decision if he did something not right. Coun-
cilman Aber stated he did not think you could get S Council members not
biased.
Ruby Coyle said she has checked with the Borough, Mayor Oilman and
Atty. Sarisky. She felt their system sounds like a "good deal." When a
grievance comes up, the employees pick one member for an arbitration
board, the administration picks one member. and those two pick one
person. It is completely apart from the Assembly and that is fMal. Mayor
O'Reilly asked if the Arbitration Board can make a decision that is Anal.
Mrs. Coyle explained that this was for firing. Also, it is not a stand-
ing committee. Mayor O'Reilly asked if it was binding. Mrs. Coyle
replied as she understands it. yes. Councilman Ambarian reiterated
her opinion. Councilman Aber said the last paragraph says we can dis-
cipline the City Manager, there is nothing for the employee.
tl NOTION TO TABLE:
Councilman Malston moved, seconded by Councilwoman Glick, to table
the motion to adopt Ord.837-79, amendment ft, items #1 a #4.
Motion passed, with Councilman Ambarian voting no.
Councilwoman Glick said to further discuss Councilman Malston's motion
.
she wants copies of procedures from the City of Soldotna, the Borough,
and the State Dept. of Community • Regional Affairs - Pat Poland. The
Clerk was di:dected to obtain this information.
Councilman Ambarian asked Atty. . Delahay if they should table the amend-
ment or the whole motion. Atty. Delahay replied U you table the motion
for the let amendment, you could not consider the ordinance as a whole
as long as the amendment is tabled. He suggested the Council remove
it from the table, defeat it, and go ahead with the other amendments,
pass the ordinance, then address the problem of the personnel board.
MOTION FOR RECONSIDERATION:
Councilwoman Glick moved. seconded by Councilman Malston, for
immediate reconsideration of the tabled amendment ail of Ord. 837-79.
Motion passed, with Councilman Ambarian voting no.
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KENAI CITY COUNCIL
FEBRUARY 8, 1980
Page 6
MOTION:
/ Councilwoman Glick moved, seconded by Councilman Malston, to adopt
brd. 537-79. amendment #1, item #4.
Motion tailed by unanimous vote.
B- 2 Ordinance 537-79, Amendment #2
MOTION:
Councilwoman Glick moved, seconded by Councilman Malston, to adopt
Ord. 537-79, Amendment #2
Mr. Brown said the committee said "as Is.
Motion passed. with Councilman Aber voting no.
B- 2 Ordinance 537-79, Amendment #3
MOTION:
Councilman Measles moved, seconded by Councilman Malston, to adopt
Ord. 537-79, Amendment #3.
Mr. Brown read the changes in the amendment.
Motion passed, with Councilman Aber voting no.
B- 2 Ordinance 531-79. Amendment #4
Mr. Brown stated the committee recommended the Council do not pass.
Councilwoman Glick asked in so doing, would it stay as is? Mr. Brown
replied yes.
There was no action by Council.
B- 2 Ordinance 537-79. Amendment #5
Mr. Brown said there was no concensus within the Committee. Council-
man Ambarian asked Mr. Brown wasn't he going to research this with
the fire chief. Mr. Brown said they did, but there was no agreement.
He further explained he was not as strongly opposed as he was. Mr. Brown
is still strongly opposed. the yearly raises and anniverse ry day has not
Changed. Councilman Aber asked why Mr.Brown was against yearly
KENAI CITY COUNCIL
C FEBRUARY 6, 1980
Page 7
raises after step F. Mr. Brown explained he felt the present step is
adequate. There comes a time when the employee should "max out."
%He explained he used to agree with the increase. Councilman Aber
asked after 5-1/2 or 8 years, we don't feel they're worth a raise every
year, just every other year? He felt the other employees would catch
up with them. Mr. Brown reiterated he was opposed to a yearly raise.
Mayor O'Reilly asked if COLA was not included, Mr. Brown said yes.
i Councilman Aber noted we don't recognize longevity or merit. Mr. Brown
said a second reason is that employees that we have now had to wait.
Councilman Aber asked, wasn't that just one employee? Mr. Brown re-
plied yes. Mr. Aber said this action is encouraging people to move on
after six years.
No action was taken by the Council.
7
B- 2 Ordinance_ _ 837-79, Amendments #0 �
Mr- Brown explained vacation or sick leave cannot be taken for six months,
specifying vacation only made employees eligible for sick leave. This
defines it more clearly, Councilman Ambarian said we don't have sick or
vacation leave, just leave. Mr. Brown replied this to the only section that
defines vacation vs sick leave. Who is to say? We just take the employee's
Atty
for it. Councilman Ambarian asked Atty. Delahay for an explanation,
. Delahay said it is possible this section was not changed when the
rest was changed. If it to the desire of the Council, it can be changed
to read sick leave is time without pay. Councilman Ambarian asked Atty.
Delahay if they could change vacation benefits to annual leave benefits
and annual leave credit. Then leave the rest as-ie. Atty. Delahay replied
then the employees could take annual leave if they are sick.
MOTION:
Councilman Ambarian moved, seconded by Councilman Malston, to
adopt Amendment " with the changes.
Motion passed unanimously by roll call vote.
B- 2 Ordinance 637-79, Amendment #7
Mr. Brown had no comment.
MOTION:
Councilman Ambarian moved, seconded by Councilman Malston, to
approve the amendment.
KENAI CITY COUNCIL
FEBRUARY 0, 1980
C page 8
Motion passed unanimously by roll call vote.
B- 2 Ordinance 537-79, Amendment #8
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Mr. Brown had no comment.
MOTION:
Councilman Ambarian moved, seconded by Councilman Malaton, to
approve the amendment.
Motion passed unanimously by roll call vote.
B- 2 Ordinance 537-79, Amendment 09
Mr. Brown had no comment. Councilman Ambarian said it was a unan-
imous vote at the meeting, the discussion was afterward.
MOTION:
Councilman Ambarian moved, seconded by Councilman Aber, to approve
:. the amendment.
Motion failed, Voting yes were Councilmen Aber, Ambarian and Mayor
O'Reilly. Voting no were Councilmen Measles, Malston and Council-
woman Glick.
(J �, B- 2 Ordinance 537-79, Amendment #10
Mr. Brown st$ted the amendment was found satisfactory at the meeting
MOTION:
Councilwoman Glick moved, seconded by Councilman Malston, to approve
the amendment.
Motion passed unanimously by roll call vote.
B- 2 Ordinance 537-79. Amendment #U
w
Mayor O'Reilly asked if this was approved by Council at the meeting,
Mr. Brown replied yes.
MOTION:
KENAI CITY COUNCIL
FEBRUARY 8, 1980
( Page 9
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Councilman Measles moved, seconded by Councilwoman (click, to
approve the amendment.
Motion passed, with Councilman Aber voting no.
B- 2 Ordinance 537-79, Amendment N12
No comment by Mr. Brown.
MOTION: '
Councilman Malston moved, seconded by Councilman Ambarian, to
approve the amendment. i
Motion passed unanimously by roll call vote.
B- 2 Ordinance 537-79, Amendment 03
Mr. Brown noted the changes made.
(.: MOTION:
Councilman Malston moved, seconded by Councilman Ambarian. to
approve the amendment.
'
Motion passed unanimously by roll call vote.
B- 2 Ordinance 537-79, Amendment 1i14
Mr. Brown e*lained no one liked it as it was, they wished to follow
1
the State holidays.
MOTION:
Councilman Ambarian moved, seconded by Councilman Malston, to
' approve the amendment.
Councilman Malston asked Mr. Brown, is there anything in the wind
--
that the State's schedule is going to be changed. Mr. Brown didn't know.
Councilman Malston noted the Federal government has made changes.
Atty. Dslahay said Lincoln's Birthday has been changed, but we don't
celebrate that. The other Federal holidays were just for clarification.
Councilman Aber asked U the eM107e08. can suggest the holiday. Mr.
Brown replied yes. Atty. Delahay said it is up to the City Manager to
select. he can ask for employee input if he wants. Councilwoman Glick
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KENAI CITY COUNCIL
FEBRUARY 6, 1980
Page 10
suggested adding item #3 to Amendment #11. Mr. Brown said that the
discussion at the meeting was very informal. Councilman Ambarian
suggested it should read, "should apply to all employees." Also, he
Volt a floating holiday makes sure there is minimum coverage. Council-
man Measles noted the way it is now, it is up to the City Manager, but
now it will be up to each employee. Advance notice should be given to
the department head.
MOTION , Amendment to Main Motion:
Councilman Ambarian moved, seconded by Councilman Measles, to
amend Amendment 44 to read, " with 5 days notice to their immediate
supervisor and approval of their supervisor."
VOTE ON AMENDMENT:
Motion passed unanimously by roll call vote.
VOTE ON MAIN MOTION:
Motion passed unanimously by roll call vote.
C B- 2 Ordinance 537-79, Amendment 45
No comment by Mr. Brown.
,� 9r� MOTION:
` Councilman Ambarian moved, seconded by Councilman Maiston, to
approve the amendment.
Motion passed unanimously by roll call vote.
B- 2 Ordinance 537-79, Amendment #16
i
No comment by Mr. Brown.
Councilman Aber said it just says employees, what about dependents.
It doesn't say dependents are covered without cost. Mr. Brown explained
dependents are covered at no cost, but it doesn't say. Councilman Aber
said to the employee, but what about the dependent. Atty. Delahay said
the employee normally pays for dependent's benefits. In the o
selece benefit and its taken out of the employee's p' you
t the '
►ipay. if nothing is
taken out, this doesn't change. Councilman Ambarian asked how about
the dependent's coverage. Atty. Delahay replied his dependents have
1 -
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KENAI CITY COUNCIL
PEBRUARY 6, 1980
Page H
coverage, but it's not charged to the employee. Councilman Aber noted
it does not say that. Atty. Delahay explained that's determined by the
policy. Councilman Aber said the Council decides the insurance policy,
tout this ordinance does not direct to the dependents.
MOTION:
Councilman Ambarian moved, seconded by Councilwoman Glick, to
approve the amendment and add "medical and hospital insurance shall
be provided by a group policy to all employees and dependents at no
cost to employee."
Motion passed unanimously by roll call vote.
DISCUSSION ON 837-79:
Councilman Ambarian said we are playing "cute games" with the ord-
inance by voting this in, we are deleting the personnel board and not
adding a personnel board. He felt we should adopt it as it reads, with-
out a personnel board.
". NOTION, TO TABLE:
Councilman Ambarian moved, seconded by Councilman Aber, to
I ri, table Ordinance 837-79.
`
Motion tailed, with Councilmen Aber, Ambarian a Measles voting no;
and Councilman Malston, Councilwoman Glick and Mayor O'Reilly vot-
ing yes.
F
' Councilwoman Glick asked Atty. Delahay, as a point of clarification, it
we adopt this ordinance, we are adopting the current personnel ordi-
'
nonce with amendments as accepted tonight, as it was in effect for two
Years? Atty. Delahay replied yes. Councilman Aber said item #4 deletes
2,3 and 4 of previous amendment Ill. Councilman Ambarian said item 1i1
was voted out. Councilwoman Glick said 1 and 4 were defeated. Council-
_
man Aber noted Atty. Delahay had said - - - He thought we couldn't
adopt the ordinance tonight. Mayor O'Reilly said it we had tabled amend-
ment 41 we Could not have passed the ordinance with the tabled amend-
ment. Defeating amendment 1, we can pass the ordinance with amend-
ments. He said he understood Counoilwoman Glick pointed that further
research will be done regards the personnel board. Councilman Aber
asked it we adopt with amendment 1, then we still have a personnel
board? Councilman Ambarian replied no. Councilman Aber said then
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we're deleting what the attorney says doesn't exist.
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KENAI CITY COUNCIL
C FEBRUARY 8, 1980
Page 12
Ruby Coyle spoke. She stated what the Council was doing, you are tak-
ing out the entire thing as a personnel board that's in the Charter and
,the Ordinance. You're making the City Manager the final authority. Is
this the intent of the Council? Mayor O'Reilly replied yes. Mrs. Coyle
asked what happens to the grievance appeal before you now? Since the
last part of September you have not acted on it yet. The Borough attorney
says "not by implication, but by vote. "
Councilman Malston said it was his intent to request a work session next
week after the information is received from the other agencies and address
it as a separate discussion.
MOTION:
Councilman Ambarian moved, seconded by Councilman Aber, to reconsider
the ordinance at the next meeting.
Motion passed, with Councilman Aber voting no.
Councilman Malston requested a work session Feb. 14, 1980 U the infor-
mation is received regarding the personnel board.
Council concurred.
B-3 Application for Liquor Licenses
MOTION:
Councilman Measles moved, seconded by Councilwoman Glick, to approve
the applications.
Motion passed unanimously by roll call vote.
B-4 Extension of Time - Liquor License Renewals
This was just informational. No action was taken.
C-1 PERSONS PRESENT SCHEDULED TO BE HEARD
1. Rick Baldwin, Attorney, for Thompson a Swearingen Lease Renego-
tiation. He explained that the negotiations have developed into lit-
igation. It is scheduled for trial March 1, 1980, and has been pending
since 1978. Action tonight will be negotiation and compromise, this
will not be admissible in Court. Hopefully, it will not go to Court.
The Thompson lease to in the post office building, the Morgan 6
KENAI CITY COUNCIL
FEBRUARY 6, logo
Page 24
H-5 Finance Director
Finance Director Charles Brown reviewed the memo regarding Airport
Electrical Generation.
H-8 Planning a Zoning
Councilwoman Glick asked the Council to consider recommendations from
the Planning a Zoning Commission. We will have to have an engineering
firm as far as the lease goes.
H-7 Kenai Peninsula Borough
Councilman Ambarian asked that since the Council had just received the
information on the Comprehensive Plan, he would like a deferment on
discussion.
Council concurred.
H-8 Harbor Commission
Mayor O'Reilly said he talked with Len McLane of Pao. Alaska LNG.
1984 is the completion date of the project, they want to continue working
with the City regarding the dock and industrial financing. Jack GMn
r will be here Pebruary 12, logo. Council is invited to attend.
He also stated Mr. Bob Roper has a lease on lends the City is looking at
for the City small boat harbor.
I PERSONS PRESENT NOT SCHEDULED TO BE HEARD
Va
n Swan spoke. He said he thought he was on the agenda. Mayor O'Reilly
replied he didn t remember and it is not in the minutes. Mr. Swan said
he was promised a decision from the Council on whether he would have
A Personnel board hearing or not. it was not in the minutes, but she thCouncilwoman Glick said she thought
ought we were going to have a decision.
Mr. Swan asked what the minutes of Jan. 16 say. Clerk Whelan read the
minutes regarding the discussion on Mr. Swan. Mr. Swan add the ord-
inance has nothing to do with him. The ordinance passed tonight -------
Councilman Ambarian said that part of the ordinance was not passed.
Mr. Swan said if the Council passes this You won't hear my Mae, this
weon't apply to mq case. He said he wants to have a hearing before
People, as indicated in the Code. Mayor O'Reilly referred to the
Attorney's decision. By implication, the personnel board was repealed.
Of course, the Council has not voted on the attorneys opinion. Grievances
KENAI CITY COUNCIL
FEBRUARY 6, 1980
Page 25
procedures in the 1977 ordinance were made aware to Mr. Swan, or he
was aware of them. He didn't know how Mr. Swan could appeal to a
`non-existont board. Mr. Swan asked, what are you trying to do away
with tonight? He wants to know if he has a right or not. He's going to
keep coming back till he gets an answer.
MOTION:
Councilman Measles moved, seconded by Councilwoman Glick to.
accept as Council policy or understanding the City Attorney's opinion
concerning the1977 ordinance.
Councilman Aber said he can't go along, he doesn't think it's morally
right. It we were in the same position, how can you appeal to a person who
fired you? He further said he doesn't care if it is repealed or not.
Councilman Ambarian said he agreed. He can't go along with it. Council-
man Aber said it is a "cover our butt" tactic. Councilwoman Gliok said
the fact is, we did enact an ordinance. Council makes policy. the ord-
inance has governed the City for 2-1/2 years. Right or wrong, this is
the policy. The City Manager has final authority. Also, in the State
Statutes, the City Manager has the final authority. If the ordinance is
declared illegal, do we wipe out pay raises, eta.? They are part of the
same ordinance. Councilman Aber said there were people who didn't
want the personnel board when it was made up.
r 2,1k '\ Public Discussion:
5�aK Ruby Coyle said she believes before this is done, we should review
:dinance 33647. The minutes should be reviewed, see if the impli-
cation to doing away with the personnel board. She feels sure that if
the minutes were reviewed, the intent of Council would be to keep it.
Mayor O'Reilly asked Atty. Delahay if the Council should review
the minutes. Atty. Delahay said the ordinance said the City Manager
decision would be final. Mr. Swan asked, the Council has accepted
the City Attorney's opinion? The Code has been passed, the Attorney's
decision is that by implication the board did not exist? Mayor O'Reilly
replied yes.
Motion passed with Councilmen Aber and Ambarian voting no.
Waldo Coyle asked to speak. He said he thought the Council had pulled
a rotten trick. What are you trying to hide? You allow a man to be fired,
and he has no right to a hearing.
Councilman Aber spoke. He would like to resign from the Council. This
KENAI CITY COUNCIL
JANUARY 16, 1980
Page 2
MOTION:
Councilman Ambarion moved, seconded by Councilwoman Glick, to
adopt the ordinance.
Councilman Ambarian asked Atty. Delahay to review all the changes
and corrections suggested in the ordinance. Atty. Delahay reviewed
all changes and corrections.
MOTION, TO TABLE:
Councilman Ambarian moved, seconded by Councilman Seaman, as
follows: in light of the fact these amendments do affect the ordinance,
I move to table the ordinance until the attorney makes the corrections,
to a time certain.
Motion passed unanimously by roll call vote.
Mayor O'Reilly requested Atty. Delahay prepare a memo to Council further
explaining the changes anticipated in the 60% "cap" if the amendments
are approved.
B-2 Ordinance 637-79 - Amending the Municipal Code, Title 23, Personnel
Code (Amended)
Comments from the Public:
Ruby Coyle reiterated her strenuous objection to deleting the personnel
board. She said those at the meeting wanted it left in, and even wanted
to increase it to S instead of S. This was not taken out before, it was
written into the code by the creators of the ordinance. We have 2 Council-
men that were here in 1977, they have no recollection of any intent to
take it out of the code. She did not think it was the wish of the people.
Why should we spend our tax dollars on law suits?
Mayor O'Reilly explained to the Council there are 2 substitute ordinances.
He also reminded them of the attorney's opinion that the personnel board
was deleted.
MOTION:
Councilwoman Glick moved, seconded by Councilman Measles, to bring
the ordinance back from the table.
Councilwoman Glick asked if the adoption of the ordinance was presented
KENAI CITY COUNCIL
JANUARY 16, 1980
Page 3
on November 7, 1979. Councilman Ambarian replied yes. �jrayor O'Reilly
asked if this was the oripinal ordinance. rouncilwoman Glick replied
yes. Councilman Ambarian said it was the intent of the motion to defeat
Us ordinance and propose a substitute. rouneilwoman Glick stated that
was not the intent of the moker of the motion. Councilman Ambarian re-
plied that was the intention of the "seconder." Councilwoman (nick said
she thought we should adopt this ordinance and have the administration
make changes to add the personnel board, increase it from 3 to 6, and
decrease the term to 2 or 3 years instead of 6. Also, she suggested we
i add a copy of the comments from Lillian Hakkinen, this should be looked
at so that when we are finished, we would have a completed ordinance.
She stated she intended to vote for adoption of the ordinance , then come
back with a proper ordinance for correction. Mayor O'Reilly asked It
4 she meant the amending ordinance after November 7, 1979. Councilwoman
1 Glick said for the sake of proper clarification, the changes should be put
Into their own ordinance amending 537-79. Councilman Ambarian said
if we adopt the original you are adopting one none of us want. We should
vote it -down and come back with a clean ordinance. Why put on the books
an ordinance the Council is against. Mayor O'Reilly asked, your intent,
if the ordinance is defeated, you will propose a substitute? Councilman
Amberian replied yes, he couldn't see starting all over again. Also,
how long before we start adopting the amendments? Councilwoman Glick
asked is it your intention to have the administration start the corrections
right away? Councilman Ambarlan replied yes. Councilwoman Glick
continued, and with guidelines regarding term of office, number of
members, etc.? Mayor O'Reilly asked Atty. Delahay if we defeat the
original ordinance, can we offer a substitute ordinance ripti: away?
v Atty.. Deleltay said no, the ordinance would have to be reintroduced.
He further suggested Councilman Ambartan move to amend the ordinance
by substituting with a substitute ordinance. He said it wouldn't be a
substitute then, because that ordinance would be defeated. You'd have
to start a new ordinance route. If this is done, you can go ahead, we
already have had a public hearing, and dispose of it.
Mayor O'Reilly add if the intent of Council is to t as ma
ny any of the ideas
G that have been offered to Council, they axe reflected in one or the other
_ r Substitute ordinance. Then if the ordinance before you is defeated, we
cannot offer one of the substitute ordinances. So if your intent is to vote
-_- _ - - en substitute ordinance 1 and 2, I would accept that as an amendment
to the ordinance before us. If the ordinance is defeated, we could not
approve the substitute ordinance for amendinr rather than vote down
the ordinance.
i'
KENAI CITY COUNCIL
JANUARY 16, 1960
Page 4
Councilwoman Glick said, her concern is that we try to address - if we
i are in agreement with the comments that have been added to us, and I
think some of them are very valid - we need to get them into the ordi-
nance and I'd like to follow the prodecure. Mayor O'Reilly replied
that's what we're trying to do.
MOTION:
Councilman Ambarian moved, seconded by Councilman Seaman, to amend
ordinance 537-79 by amending it with 837-79, 2nd substitute and .set
public hearing at the next Council meeting.
Councilman Seaman asked it a yes vote will get it at the next meeting.
Mayor O'Reilly replied yes.
J
The amendment to the motion passed unanimously by roll call vote.
The main motion with the amendement passed unanimously by roll
call vote.
Councilman Ambarian noted the Acting City Manager Brown's memo,
the changes were requested by the police employee's committee, not
by him personally.
B-3 Ordinance 545-80 - Federal Revenue Sharing, Funds, Purchase of Fire
Department Vehicle - $8,774 (Amended)
MOTION:
Counollwomm Glick moved, seconded by Councilman Seaman, to approve
the ordinance as amended.
There was no public comment.
Motion passed unanimously by roll call vote.
B-4 Ordinance 546-80 - General Fund Budget - Topographic Mapping
Project - $7.841.
MOTION:
Councilman Ambarian moved, seconded by Councilwoman Glick, to approve
the ordinance.
C There was no public comment.
2 ,
KENAI CITY COUNCIL
JANUARY 16, 1980
Page 20
Councilman Ambarian noted, regarding the house numbering system.
Absentee and commercial owners will have to be notified. He suggested
the City check with the tax rolls.
Ruby Coyle said regarding the lobbying in Juneau, don't you have to
pay a fee and be registered. Atty. Delahay replied no, there are ex-
ceptions for municipal employees.
Van Swan asked if there was any decisions on the personnel board. Will
the Council let him appear before a personnel board? Mayor O'Reilly
replied the substitute ordinance passed with no personnel board. The
amendment will be developed for the next meeting. Mr. Swan asked if
he will have the right to appear before the board. Mayor O'Reilly
replied in 1977, by decision of legal counsel, the personnel board was
repealed. If a new board is created, a special exemption will have to
be made. Mr. Swan said he would like to have the legal department
explain. The ordinance was adopted by what? Councilman Ambarian
said the Council has not made an official decision. Mayor O'Reilly
said the Council will have to make two decisions:
1. Shall we have a personnel board
2. Shall we let Van appear before it
Mr. Swan asked why isn't there a personnel board. Mayor O'Reilly
replied the 1977 ordinance did away with it. Mr. Swan asked U the
1977 ordinance was adopted and codified. Mayor O'Reilly replied it
was included in the manual, but parts of the ordinance not repealed
were in it. Mr. Swan asked, the personnel board was not repealed?
Mayor O'Reilly said specifically, not in the 1977 ordinance. Mr. Swan
V
said then It it is not officially codified, it is still in effect. Mayor
5 �n
O'Reilly explained the attorney made an opinion that the 1977 ordinance
did away with the personnel board. Mr. Swan said ff it was not spec -
Easily done away with, it is still there. Councilman Ambarian stated
the attorney's opinion has not been accepted by the Council, the Council
has not taken action to let Van have a hearing. Mayor O'Reilly said the
ordinance we have now does not have a personnel board, it we appoint
one. Van can appeal.
The Council disagreed with the Mayor's statement.
I
Mr. Swan said no, the ordinance doesn't have anything to do with his
case. He feels he has the right to a personnel board under the Code.
It's still in there.
Councilman Ambarian asked if we could have on the next agenda - the
_z ,_. . -- r- - r
KENAI CITY COUNCIL
JANUARY 16, 1980
Page 21
personnel board question - with a copy of the attorney's opinion.
Councilwoman Glick asked, or would you rather have a motion now..
Mayor O'Reilly asked, to accept or reject the attorney's opinion. Council-
man Ambarian said it would be unfair to the attorney. Some of us may
agree, but morally we would not accept it. Atty. Delahay said the Council
can entertain the question as to whether they want a personnel board or
but for Van,
not, we must have an ordinance to have a personnel board
�+►
��
or not. Icon Chappell, of the Clarion, asked if the press could be pro-
vided with Atty. Delahay's opinion. Mayor O'Reilly said it was avail-
able at the last. meeting.
f,
MOTION:
Councilman Ambarian moved, seconded by Councilman Measles, to
go into executive session to discuss three cases regarding property.
The motion was approved by unanimous consent.
Per Mayor O'Reilly: Discussion was held in executive session on law
suits in regards three leases. No further action by Council at this
time.
AJOURNMENT:
Per Mayor O'Reilly: meeting adjourned at 11: 30 PM.
L A
•v
et Whelan. City Clerk
i L
-41
e
Jam
S6ja%
KENAI CITY COUNCIL
JANUARY 2, 1980
Page 12
details and employees rights at this time.
Mayor O'Reilly asked if the Council wants the attorney. Councilman
fiber replied yes.
Council went into executive session at this time.
Upon returning to the regular meeting, Councilman Ambarian requested
a motion.
MOTION:
Councilman Ambarian moved, seconded by Councilman Seaman, as follows:
L
discussed some questions on the personnel, and request the City
orney to give us a legal opinion on the effect of codification of
0.040, 1.00.050, 1.80.060, 1.00.070 of the Kenai Code with respect
Ordinance SS8-77.
by Coyle spoke regarding ord. 336.77. If it is taken to court, it would
illegal. There are no page numbers. It could be changed, extra pages
uld be added. Atty. Delahay replied nothing requires page numbers
an ordinance as long 89 they can be identified by section number.
Councilman Maleton asked about the house numbering system. Public
Works Director Kornelis replied it has been given back to Glacier State.
Councilman Malston stated at this point, we will require the neonle to
use house numbers.
Councilman Ambartan reminded the Council of the luncheon meeting
with Wien don: S, 1980.
ADJOURNMENT
Meeting adjourned at 10: 35 PM.
Respectfully Submitted,
Z0�
et Whelan, City Clerk
------------
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5�OLA
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KENAI CITY COUNCIL
JANUARY 2, 1080
Page U
None
H-6 Planning & Zoning Commission Report
None
H-7 Kenai Peninsula Borough Assembly Report
Councilman Ambarian said he talked to Ike Waits, of the Borough, and
the study is due Jan. 15, 1980, on the Port & Harbor Study.
H-8 Harbor Commission
Mayor O'Reilly reminded the Council that there will be meetings on
Jan. 8, 1980 and Jan. 22, 1980.
Councilman Ambarian said he and Councilwoman Glick had a meeting
regarding the transportation committee, to restructure the Port of
Kenai Commission to cover:
1. Sea
2. Water
3. Air
The report will be ready by Jan. 16, 1980. This will not be an advisory
board, it would be a commission.
I PERSONS PRESENT NOT SCHEDULED TO BE HEARD
Councilman Anlbarian discussed Van Swan. He requested an executive
session with Mr. Swan to answer questions. Mayor O'Reilly asked on
what basis. Councilman Ambarian replied that it could damage the re-
putation of those involved.
MOTION:
\ Councilman Ambarisn moved, seconded by Councilman Aber, to hold
/) an executive session.
Motion passed unanimously by roll call vote.
Councilwoman Glick asked if the public works director was included.
Councilman Ambarian replied no, the Council should go over the
basic problems now. The attorney could call him if necessary.
Councilman Aber said he disagreed. It should be to discuss pertinent
YA r
6
Za • , , C 146 BUSINESS OFFICES:
1341 Fairbanks Street
—'� Anchorage, Alaska 99601
• ��C/r/ BUSINESS PHONE:
(907)274.7691
June 10, 1980
Mr. William Brighton, City Manager
City of Kenai
P.O. Box 580
Kenai, AK 99611
Dear Mr, Brightens
The time has come for the Kenai City Council to once and for
all make a decision to either enforce or not enforce the
"fire lane" at our shopping center in Kenai. The area
directly in front of the center was designated as "fire
lane" upon the direction of your Kenai Police and Fire
Departments.
After years of the property owner attempting in vain to
enforce the "lane", and yearly the Police Department wonder-
ing why Kenai citizens are continuing to park there, I feel
it is time for the city to give the property owner assist-
ance in enforcing the Kenai Fire Department's requirement.
If some assistance cannot be given by the city soon, I will
remove the ludicrous signage and discontinue this unending
battle of enforecement.
I urge you to make a decision to help with the enforcement
or delete the fire lane requirement from your city codes.
The requirement costs the property owner to maintain signs
as well as the harassment from the public. If indeed the
requirements are needed, the city should also spend money to
enforce it.
If need be, I will meet with your work committee to discuss
this situation one more time. If a definite decision is not
made then, I will consider the matter closed and remove the
signs.
Thank you for your help and consideration in this matter.
Remaining,
Cordially yours,
Plor"esmitchell
Property Manager
DM/mlm
F_
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T-% — - --- - ..-
I
L00;1( BUSINESS OFFICES:
1341 Fairbanks Stoat
Anchorap. Alaska 99501
BUSINESS PHONE:
1907) 27114588
,px
•
Awn 19, 19
7b The Editors.:
•
,tie Kai g
Effective bm"diately 'in be enforcing: the,•c�sr` tti
• Posted regulations in the Private parking lot Of the k"i man MqRdM
Center. We are speaking primarily of the area In front of the dopping
center where cur customers have been parallel parking far am time.
Our reason for enforcing this now, is strictly for our customers V=)-
t6fticn- Parking AICM the Sidewalk area has become increasingly bazar
• far many. We have hired American Guard and Alert to patrol this
and see that the rules are enftwced'. We have beenasmaned-by the kcal
police department that win will get"tiWk full, cooperation -in jV;cuAj.M
illegally parked vehicles.
Another area of cone is that -am park#4 lot has k a night hang-
out for nemy young ps*29.'- In the past not too much has been 46net but
again wewill have tine cooperation of American Guard and Mart and the
department Vaftmt to we that there is no loitering.* raft- is also beir
enforced due to * the amount of garbage, 'broken beek' botami and yaci.Mo
eta. * 910ing an after' hours In the' lot, and vardaUem to the'
center.
Strict enforciment of these rules and regulations seem cur only apex -
native due to the rise 'in hazardous conditions 'brouft cut by violators.
We hop cur customers won't take offense but will be able to understand'
our CM108=0
M0004;j
ElebW Morris
Assistant; Property kanigee. -
EK:ac
.•. • • M
�• BUSINESS OFFICES:
. 1341 Fairbanks Street
Anchorap, ?Hake 09801
• %��/�/ BUSINESS PHONE:
(� 19071279.7586
0
January 18, 1978
City of Kenai Vincent O'Reilly
P. 0. Box Soo -
Kenai, Alaska 99631
Dear Mayor O'Reilly:
Jeff Hassles has asked that I write you regarding the "Fire Lane Situation"
at the Kenai Mall. This matter has been going an for sane time now so
if .my recollection of the exact dates is not accurate it is not intentional.
As I recall, in January or Februnry, 1977, City Manager John Wise contacted
me expressing his concern for pedestrian safety, especially, children, in
th3 Parking area directly in front of the Kenai Mall. Wise was concerned
that a child could came out betxasn, parked cars and be struck doom
before the driver could stop. It was my understahhding that the Chief of
Police of the City of Kenai contacted our Cam's store manager, Dave
Curtis, several times also expressing his concern over this matter.
We were asked to came up with a Plan for reducing the accident risk in
front of the Mall. Since there are several fire hydrants along the .-
front of the building as W811 as entrances which need access in case of
an GwrgenoYr we decided to designate this area as a fire lane. It was
our feeling at that time that signs stating fire lane would be given
better compliance than any other type. Also, there is Plenty of parking
available in the main lot so there is really no reason to have to park
directly In front of the Mall. Riherefore, we posted the area as a fire
laps in Our attempt to act as a responsible corporate citizen. Since
the signs want up there was little or no ampliance and much negative
j reaction from the public.
i =informed Mr Wise of the non-cotnpl.iance as did Dave Curtis with the
--__.- -- Chief of Folim. Mr. Wise's response was to the effect that he could do
nothing On his own but suggested that I bring this matter to the attention
of the Penni.sula Clarion and the Chamber of Ccimerce in hopes that
Pressure would be brought against the City Government to take the appropriate
j action for enfosoemalt. I contacted Clarion and the Chamber in March,
1977, stating our position and enlisting their cooperation for compliance
With the fire lane. Subsequently, an Article appeared in the Clarion,
j but again it had little or no effect. The Chief of Police told Dave
Curtis that unless the city designated a fire lane there could be no police
enfoxcener►t since it is private Property.
i
r
At this point, I felt the matter was totally in the hands of, the City of
Kenai since we had done our part by going to comiderable expense to .
appropriately sign the area for no parking. Therefore, we have dons
Frothing further on the matter since that time. During the smnner in
207, vandals damaged most of the signs and posts to such an extent that
they were unusable. Therefore, I had the remaining signs taken down.
At this time there are no signs designating no parking or fire lane in
the area in question.
I would be glad to cooperate in a plan of action involving the City of
Kenai in an attanpt to solve this problem. Should you require further
information on this matter please do not hesitate to contact me.
Yours,
i
i
Gary .
j Manager
i
GLBsac
0 ,F
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CITY OF KENAI
•oil G'djwW a/ 4"„
/. O. DOK M KINAI, AM{KA 99611
T[lt'NON! 413 • 7636
June 16, 1980
M-E-M-O-R-A-N-D-U-M
TO: MAYOR VINCE O'REILLY & KENAI CITY COUNCIL
FROM: WM. J. BRIGHTON, CITY MANAGER Wato
RE: CARRS NALL PARKING LOT
There are on file in this office letters that date back to January 18, 1978,
plus meetingsbetween the Chief of Police, work sessions with the City Council,
conversations between the City Manager and Fire Chief and Carr's Mall Managers
and business people and the problem.is not as yet resolved. As a matter of
fact, it appears the problem will not be resolved unless the City takes some
action. -
The situation is a serious problem from the standpoint•of personal injury,
property damage and/or the possibility of_total confusion in the case of a
major fire at the Mall.
In addition to the letters written'63 the Mal pleas'ejind attached copies
of the Fire Code, -with certain sections underlined for emphasis.
After reading the material.; �if you' co�icur with.tn�e tAa't something needs to be
done, regardless of -how distastef4l,,'we are the or�,T�i agency with the authority
to resolve the problem.,,,' ` � �`t.T � .�... � � z f iv
Under these circumstances, it wouldebe my recommendation that we give the
motoring public due notice that the City is going to enforce the No Parking
Fire Lane Zone" on the Mall's parking lot.
For a while it will inconvenience the Police Department and others, but in
iY opinion it is a service for which the City should shoulder the responsibility.
It is my opinion that after a couple of weeks of strict enforcement and the
public understands that the City means business, it should no longer (at least
for a while) take too much of the City's time for enforcement.
If this action is not taken, the result will be a continuing deterioration
of relations with the business community and perhaps even result in serious
Injury or serious property damage in the area, and not only to the businesses
but also the patrons.
WJB:kh
KENAI CITY COUNCIL - REGULAR MEETING, MINUTES
JUNE 4, 1990 - 7: 00 PM
KENAI PUBLIC SAFETY BUILDING
MAYOR VINCENT O'REILLY PRESIDING
PLEDGE OF ALLEGIANCE
A. ROLL CALL
i
Present: Jess Hall, Dick Vueller, Vincent O'Reilly, Ed Ambarian,
Ray Measles, Betty Glick, Ron Plalston
Absent: None
AGENDA APPROVAL
Mayor O'Reilly requested deleting C-1, Atty. Rick Baldwin, and
making C-1, Ann Delaire, Community & Regional Affairs - Day Care
Center. He asked adding C-2, Bob Peterkin, Chairman, Harbor
Commission. He asked if F-1, Andy's Flying Service Lease, be
added after 0-8. He also asked if F-1, Day Care Center Motion
could be added.
Agenda changes were approved as requested by unanimous vote
of Council.
C�
B . PUBLIC HEARINGS
B-1 Ordinance 568-80 - Replacing Tables in Title 23, Personnel Reg-
ulations, Salary Structure.
MOTION, Remove From Table:
Councilwoman Glick moved, seconded by Councilman Malston,
to remove the ordinance from the table.
i
Motion passed unanimously by roll tali vote.
Atty. Delahay noted the changes in Section 2, making ordinance eK-
eetive July 4, 1980 and tables effective retroactively July 1, 1990.
MOTION, Amendments:
' Councilwoman Glick moved, seconded by Councilman Malston,
to approve the amendments.
Motion passed unanimously by roll call vote.
i
(� There was no public comment.
E .
_T —r _. _ �—__ _.. _ __ ___ � � — �- - � �_ — _ _ -r— ice--, -•+. _
KENAI CITY COUNCIL
JUNE 4, 1980
j ( Page 2
i
Councilman Ambarian requested abstaining, because his daughter
is working with the Parks Department.
VOTE ON MAIN MOTION:
Main motion passed, with Vouncilman Ambarian abstaining.
B-2 Ordinance 57240 - Purchase of Word Processing System, Satellite,
a Scanner Radios - $15, 000.
MOTION:
Councilman Malston moved, seconded by Councilwoman Glick to
adopt the ordinance.
There was no public comment.
Atty. Delahay said he had received a reply from the dealer today,
he requested the Council change "General Fund, Increase Approp-
riations;" to read:
Legal - Machinery a Equipment $6,800
Legal - Office Supplies 400
Public Works -Machinery a Equip. 3,755
Public Works - Office Supplies 245
1 MOTION, Amendment:
1
j Councilman Malston moved, seconded by Councilwoman Glick,
k to approve the amendments.
There was no public comment.
Councilman Malston asked Atty. Delahay, are we still getting a
year's supply? Atty. Delahay replied no.
4
- - - VOTE, Amendment:
— - Motion passed unanimously by roll call vote.
VOTE, Main Motion:
{ Motion passed unanimously by roll call vote.
R B-3 Ordinance 573-80 - Rescinding Ord. 475-79, Dedicating Interest
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KENAI CITY COUNCIL
JUNE 4, 1980
Page 3
Revenues for Capital Improvements.
Public Comment:
John Wise spoke. He said he objected to the ordinance as it addresses
two separate subjects:
1. Interest Revenue
2. Consumer Sales Tax
He said there to no severability if challenged. He asked Atty.
Delahay, can the Council - by ordinance - say that you can't amend
an ordinance? Can an ordinance supercede the Charter?
Atty. Delahay replied Mr. Wise may well be right on that issue.
This shows the intent of Council, and whether future Council would
override it or not depends on future Council. Finance ordinances
can be acted on in the first hearing with proper vote of Council
and can become effective immediately. A non -emergency ordinance
must have two hearings and does not become effective until 30 days
after passage.
Mr. Wise said an expression of intent is non -binding. Secondly,
he would like an explanation of Section 4-2. One half of A is deleted,
what is that, one half of 3%?
Atty. Delahay referred to Ordinance 7.10.010. He explained it is
broken into two sections. One section levies sales tax of ins which
Is measured by gross price of seller, and Section two levies a sales
tax of 2%. Previously the second tax of 2%, one half went to one
place and one half to another. This ordinance puts all in one place.
Mr. Wise said he accepted that. But he still challenged two subjects
in one ordinance and also listing intent is misleading, therefore it
would mislead the public and imply they have safeguards which in
fact they do not have. He would disagree with shifting interest
revenue to general fund reserve for capital improvements because
he feels that's unnecessary. This City has some $20 Million in land
assets. The Ad Hoo committee established by the Mayor established
fully the City had $9 Million to $10 Million worth of airport land.
That committee also directed the land be disposed of. This Council
has taken no action to that end, since an aborted sale last September.
Also, the City owns in its own rights considerable land including
Section 36, which is valued at $10 Million, thereabouts. It appears
we are putting moneys into reserve capital improvements when the
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nNAI CITY COUNCIL
JUNE 4, 1980
Page 4
City should be selling land. Is the City in the business of land
speculation? Ile said he would prefer to see this interest revenue
stay with the debt service. Actually most of the money from this
is being originated from debt service funds. You have approximately
$1.8 Million in debt service reserve, cash surplus. Interest from
that is not going into debt service but toward capital reserve. He
didn't think that was appropriate. He prefers to see all non -interest
obligated funds going into debt service. The City had $4 Million
in capital funds presumably invested fully. Because of the way
Council has spent their money this last year, that's going to go
down considerably, is now $a'Million. If you want to change the
interest allocation of revenue, change it to the funds generated
--�/ are pro -rated among the assets out. (This was inaudible) He
G further stated the City has bond surpluses in water & sewer and the
Civic Center that have been invested fully. And no money has been
accrued to those accounts. It's all gone to debt service. Interest
revenue is being used the wrong way. There is no justification
for the City to hold onto land and keep an exhorbitant mill rate.
One year ago he proposed this be brought to the public. Council
said no. Now you are proposing this without bringing it to the
public.
Atty. Delahay said, regarding the two subjects. The appropriation
and dedication of funds is legal. As to Mr. Wise's statement that
he agreed with him, regarding restriction of future action of Council,
Atty. Delahay stated Mr. Wise might be right, Atty. Delahay didn't
say he agreed with Mr. Wise. If Council wishes to, they can delete
paragraph b.
Councilwoman Glick asked Finance Director Brown, is the ordinance
in conformance with proposed action from the last work session? Mr.
Brown replied yes. Mayor O'Reilly asked, if, in the event there is
a substantial change in the budget, would we have to change this?
Mr. Brown replied no, this is a revenue dedication. Mayor O'Reilly
asked Uwe pass this tonight, have we passed the budget? Council-
man Ambarian replied no.
MOTION:
Councilman Measles moved, seconded by Councilman Mueller, to
approve the ordinance.
Motion passed with Councilman Ambarlan voting no.
B-4 Ordinance 574-80 - Amending Title 23, Pay RaniCe Increase for
KENAI CITY COUNCIL
JUNE 4, 1980
Page 5
Senior Citizen Coordinator.
MOTION:
Councilman rdalston move4, seconded by Councilman Afeasles,
to approve the ordinance.
t
There was no public comment.
Motion passed unanimously by roll call vote.
B-5 Ordinance 575-80 - Amending Ordinance 533-79 - Including
Compaction Roller & Pick Up with Federal Revenue Sharing
Monies - $26,000.
MOTION:
Councilman hialston moved, seconded by Councilman Mueller,
to approve the ordinance, with amendments as requested by
(�-.' Finance Director Brown in his memo dated May 22, 1980.
n
There was no public comment.
i
V„
Councilman Ambarisn asked Public Works Director Kornelis, to
t he "specing" on 1980 or 1981 vehicle. Public Works Director Kornelis
replied the specs say that all equipment must be new and latest
F
model, currently advertised to the general market.
r;
Motion was approved as amended by unanimous vote by roll call.
B-6 Renewal of Liquor License - Kenai Joe's
Clerk Whelan reported the Borough has received all past due pay-
ments for sales tax from Kenai Joe's.
MOTION:
Councilman Malston moved, seconded by Councilman Measles, to
direct administration to send a letter of non -objection to the State
Alcoholic Beverage Control Board.
Motion was approved unanimously by roll call vote.
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KENAI CITY COUNCIL
JUNE 4, 1980
Page 8
B-? Transfer of Liquor License - The Rig Bar
Clerk Whelan explained there is a discrepancy in the sales tax
records, the manager is halibut fishing, and cannot research the
problem until he returns. With Council approval, she will write
the Alcoholic Beverage Control Board and request a 30 day extension.
Councilagreed.
C. PERSONS PRESENT SCHEDULED TO BE HEARD
C-1 Ann Delaire - Community & Regional Affairs - Day Care Center
Ann Delaire spoke. She explained the nay Care Assistance Program
is designed to help mothers. There are 1000 parents on the program
in the State. Without this assistance they would not be able to work
or go to school. Local government has the option of administering
the program or subcontracting out. The City's only responsibility
is to set up an account for holding funds. It is up to the municipal
government how they administer funds. It is given to parents on
Ca percentage basis, from 100% to S%.
Mayor O'Reilly asked if the municipality has a subcontractor, how
fast can the State catch any problems? Ms. Delaire replied there
to a quarterly audit. Mayor O'Reilly asked how much money would
be involved in Kenai. Ms. Delaire replied based on licensed slots,
you have two day care centers, or 50-60 slots. The amount, based
on last figures, would be $30,000. Councilman Malston asked, if
Kenai contracts this out, what would the City'a responsibility be
it it went wrong? Ms. Delaire replied it would depend on the degree
of involvement. However, this has never happened. Councilman
Ambarian asked it it is subcontracted, does the subcontractor have
to be bonded? Ms. Delaire replied none of the others are, she can't
say for sure. Councilman Ambarian asked are there charges made
by the subcontractor to handle the program? Ms. Delaire said that
depends. Some subcontractors do receive certain payments, de-
pending on the City. Some cities don't want anything to do with it,
so they turn it over to a subcontractor. Some cities pay their people,
some cities do it free. Councilman Ambarian asked are there cities
that have more than one day care center handling administrative
duties? Ms. Delaire answered no, one takes care of all the day care
centers. Councilman Mueller asked if the City takes the program,
would it be Borough -wide or just City? Ms. Delaire replied only
residents of Kenai. Councilman Dfalston asked why. Ms. Delaire
explained her understanding is if the Borough wants the program
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KENAI CITY COUNCII.
JUNE 9, 1980
Page ?
they would contract with the department for the program and all
the residents of the Borough would be eligible to receive day care
benefits. If the City applies for the program, we contract with the
City. Therefore only the City residents are eligible for benefits.
Councilwoman (click asked how closely do they check if they are
in the City. Ms. Delaire replied they can check the addresses,
if that's what Councilwoman Glick means. Councilwoman Glick
asked, regarding bonding. Could we require bonding with the
subcontractor? Ms. Delaire replied yes. Councilman Ambarian
asked does the State approve the subcontractor? Ms. Delaire re-
plied yes. Finance Director Brown asked Ms. Delaire, frequently
the subcontractor is independent. Are there any restrictions on
being the owner? Ms. Delaire replied no. Atty. Delahay read an
opinion regarding day care center contracts. He asked Ms. Delaire
why can't the State contract direct instead of through the City? Ms.
Delaire replied by quoting from Alaska Statutes. She explained
that by statute they must be with a local government. City Manager
Brighton asked what are the qualifications for a subcontractor? Ms.
Delaire replied they are working on the requirements now. A State
and Federal background and office background have been suggested,
but are not requirements now. But she said they would look at this.
Cry. City Manager Brighton asked if there was anything specific now. Me.
Delaire replied no. Councilman !Mueller said it is needed Borough -
wide rather than just City. Ms. Delaire noted at the Borough meeting
it was defeated. Mayor O'Reilly asked if there was a time frame that
the Council must act. Ms. Delaire replied the application must be
in by June 15, 1980. The fiscal year is July 1. If the Council wishes,
they can set funds aside for one month for later action.
C-2 Bob Peterkin, Chairman of the Harbor Commission
Chairman Peterkin spoke regarding the letter to the Corps. of En-
gineers. He explained the Corps. of Engineers has done a study.
There is no problem with need, just the dredging costs. The Har-
bor Commission has asked for $500, 000 grant for the study. The
Corps. of Engineers needs a letter. The have completed the $5,000
study. The total project will be:
A turning basin
An entrance channel
(The third item does not pertain)
There is a $2 Million apprepriatlon. The Harbor Commission would
like to put out bids r dredging.' he letter should ask for a hold
on the money. MayorV4&Wirv9pIained the design originally
KENAI CITY COUNCIL
JUNE 4. 1980
Page 8
submitted is the "worst -case" engineering. Chairman Peterkin
said if you can't get past the State Dept. of Harbors, it is dead.
That is what happened last time. Councilwoman Glick noted at
that last Harbor Commission meeting, we discussed the letter from
Mr. Moore, regarding his "willingness to cover." She said Com-
missioner John Williams said that is not what was meant. Chairman
Peterkin said yes, this is just to put a hold on funds. Before the
City will obligate any funds, the Harbor Commission will come
before the Council again. This to just preliminary. Councilman
Hall asked you're at the point where it will go to the Corps.? Com-
missioner Peterkin replied no. the Corps. has already made the
design. Any. Delahay said the letter from Mr. Moore is unclear.
Mr. Moore says the State will not pick up the costs, will the City?
Possibly the Mayor's letter whould make clear that the City is con-
tingent upon State funding. Chairman Peterkin said those figures
in the letter are irrelevant, this is not the harbor we are going to
have.
MOTION:
Councilman Ambarian moved, seconded by Councilman Mueller,
to direct the Mayor to send the letter to the Corps. of Engineers.
MOTION, Amendment:
Councilwoman (flick moved, seconded by Councilman Malston,
to have Any. Delahey's comments included in the letter.
Councilman Ambarian said he agrees, but the letter refers directly
to maintenance costs. Mayor O'Reilly asked to this contingent on
Statecosts of capital costs? Any. Delahay replied yes. Mayor O'Reilly
noted his letter says current maintenance costs. He would prefer
to leave it as the Harbor Commission has it. Chairman Peterkin
said the letter from Wayne Reynolds specifically asks for the City
to accept responsibility for $248 Thousand maintenance costs. If
this is changed, we are going to lose the Corps. of Engineers and
the boat harbor. It's that simple. Councilman Malston said the pur-
pose of the letter for the Corps. of Engineers to to continue the study.
Mayor O'Reilly agreed. Councilman Ambarian said they need the
letter to the State engineering. Chairman Peterkin replied yes.
They have the funds, but cannot proceed until they receive the
letter. Councilman Malston said in discussion with the Corps.
are they aware there should be a different design?
VOTE, Amendment:
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KENAI CITY COUNCIL
JUNE 4, 1980
Page 9
Motion failed unanimously by roll call vote.
VOTE, Main Motion:
Motion passed unanimously by roll call vote.
Mayor O'Reilly asked Chairman Peterkin to discuss the Coastal
Zone Management application. Mayor O'Reilly explained this is
where you'll be seeking Coastal Zone Management funds in addit-
ion to $500 Thousand for administrative support and the application
has to be submitted through the Borough. It is 90/10 money. Council-
man Ambarian asked, does it require Assembly approval. Chair-
man Peterkin replied he didn't know. Councilman Ambarian asked
if the Borough was the clearing house. Chairman Peterkin replied yes.
Councilman Ambarian asked if Chairman Peterkin'had talked to the
Planning Department. Chairman Peterkin replied no, they are wait-
ing for Council approval.
MOTION:
Councilman Ambarian moved, seconded by Councilman Measles,
to approve submitting the application.
Motion passed unanimously by roll call vote.
Mayor O'Reilly asked Chairman Peterkin to discuss the ordinance
regarding the non -area -wide powers of the Borough. Chairman
Peterkin replied the Harbor Commission felt the Council should
know how the Harbor Commission felt. There are three ordinances
before the Borough.
MOTION:
Councilwoman Glick moved, seconded by Councilman Ambarian,
to accept the recommendation of the Harbor Commission and so
advise the Borough.
Motion passed unanimously by roll call vote.
Councilwoman Glick asked would it be wise to direct the administra-
tion to prepare a resolution. Mayor O'Reilly said yes. Councilman
Ambarian said before we talk about a resolution, we should talk
about the letter. The small boat harbor to a Kenai project, but he
feels in the long run we should not cut off the possibility of assis-
tance from the Borough. The letter to "slamming the door in a
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KENAI CITY COUNCIL
JUNE 4, 1980
( Page 10
friend's face." The Port of Entry discussion should be left open.
Councilwoman Glick said she would like to toll Council, at the last
Harbor Commission meeting, the Borough people were there with
many other people. The Harbor Commission said this was the best
procedure. If non -area -wide goes through, the City has the option
to give up their harbor powers to the Borough. Chairman Peterkin
said if non -area -wide, the City had the option to go along, with the
Borough. With service area, the City could not. The intent was
not to be abusive, it can be changed. Councilman Ambarian said
the Borough has a definite split between service and non -area -wide
powers.
Mayor O'Reilly requested a copy of the draft resolution be sent to
the harbor Commission and Chairman Peterkin.
D . MINUTES
D-1 Minutes of Regular Meeting, May 21, 1980
Mayor O'Reilly noted that Finance Director Brown had requested
C page 13, B-2, Ord. 585-00 - insert the revised figure, $1,092,130.
Atty. Delahay requested page 21, H-2, City Attorney Report -
the dates of the convention are June U-14, inclusive.
Minutes were approved as changed.
E. CORRESPONDENCE
None
F. OLD BUSINESS
F-1 Day Care Center
i
MOTION:
Councilwoman thick moved, seconded by Councilman Ambarian,
to move for reconsideration.
Motion passed unanimously by roll call vote.
Councilwoman Glick explained her reasons for reconsideration:
i. People in opposition should be heard.
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KENAI CITY COUNCIL
JUNE 4, 1990
Page 11
2. We should get all the information available before making
a decision.
Councilwoman Glick continued. If the people spoke last time, they
could make it short. She then referred to the memos requested from
the administration at the last meeting.
Public Comment:
Seth Goedes: She teaches in a day care center. She has no children.
This is a valuable program, it gets people back into work.
Craig Fitzgerald: He is with the Div. of Social Services. There is a
need here, there were three persons living within the City in the last
month that would benefit, and his supervisor has told him they get an
average of about two requests per month for this kind of service.
Sharon Jean: She just wanted to thank the Council for reconsidering
their action.
C Carol Calvert: She has lived here four years, she opposes the program.
People have other avenues if they wish to attend school:
1. Alaska student loans
2. Government grants
3. Correspondence courses
She said she doesn't believe those returning to work would be shoulder-
ing the burden by paying taxes while we, now, don't. The money
has already been appropriated, and the number of children and the
dmount of child care expense will not reduce. Ibwever, their taxes
as they go to work, will reduce and in three years should be supposed-
ly "zipped."
She continued, the statement - "The money to there" - is a flimsy
excuse. Those who need services could form a co-op. "Where
there's a will, there's a way." This will not promote self-suffic-
iency. It gives a minority group the ability to live beyond their
means.
Laura Edmonds: She has no children. Her mother, it she had the
program, could have stayed in the community. A day care center
(: to better than a baby-sitter.
.J
Steve Ooedes: Referring to the statement that there were ways to
1-1
T(ENAI CITY COUNCIL
JUNE 4, 1980
Page 12
go to school. However, they only pay school; rent, expenses,
and help to get a job are not paid.
Carol Calvert: The statement regarding books. etc. - each program
of government grants goes to $3,000.
Peggy Kent: There are two programs for school that go to $3,000,
but if you don't need it, it won't go that high.
Susan Toliday: This is not just another give-away. Welfare gives
$900 to stay home, day care gives you $250. There's something
wrong with that system.
Sandra Hinrichs: She had said this is important for the City. Others
have called besides those here tonight.
Craig Fitzgerald: There are no funds to provide day care for low
Income families for working people.
Councilwoman Glick asked is the program just for women, not for
C couples. Sandra Hinrich replied it is based on income.
Craig Fitzgerald: It is used mainly but not limited to women. It
is subsidized only H the parents are working.
Councilwoman Glick said the Council was told the Borough could
not participate. There was a letter from the Borough, did Atty.
Delahay get that? Atty. Delahay replied yes, he then reviewed
the letter from Lee McAnerney, Dept. of Community a Regional
Affairs, to the Attorney General's Office. He said he agreed with
the Borough Attorney. The Borough does not have the power.
the City can enter into an agreement. In reviewing the contract,
the State could deal directly with the sub contractor. There is
a responsibility when the City enters into a contract, the City should
require bonding. City Manager Brighton asked. this refers to a
"Save Harmless" contract. Would that be the same thing? Atty.
Delahay replied no, there should be a hold -harmless clause and
f a bond. Councilwoman Glick asked Mrs. Hinrich about her ad
f stating there was no minimum charge over 2 years of age. Mrs.
Hinrich replied yes, she does not charge for lunch. She was getting
lots of kids for lunch only. Councilwoman Glick asked do we know
j how many people that will benefit? And if the City's Involved, what
other City services will suffer? Mrs. Hinrich replied there is a
maximum amount available, it will not go beyond this. Sharon Jean
replied that is difficult to figure. Mayor A'RPilly asked Finance
I
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KENAI CITY COUNCIL.
JUNE 4, 1980
Page 13
Director Brown. Mr. drown replied there is labor time involved,
getting started, but once it is started, no more than one-half hour
per month. He can't see a problem. Councilwoman Glick said she
asked for reconsideration. She thought it was wrong to pass out a
flyer when it was not on the agenda. Regarding the statement that
they shouldn't do any talking or the Council will pick on them, and
it will possibly generate a "no" vote. The statement really bothered
her. She found out, much to her chagrin, it was a paid City employee
who gave this advise. She doesn't think that's right. If this project
is as important as these people say it is and as they feel it is, then
it's worthy of discussion pro and con. And it's also worthy to be a
specific agenda item, and she would like to object to the fact that
we have paid City employees who are being paid to work for the
City employees as a whole, giving out this kind of Information. If
they wish to give information they should give the correct informa-
tion outlining the correct procedure to get on the agenda. Because
if the item is worthy of discussion, it's worthy of being there in
a proper fashion.
MOTION, Amendment:
Councilwoman Glick moved, seconded by Councilman Ambarian,
To include that the City advertise for a sub -contractor and he be
eligible for bonding in the amount of the funds available to the
City for the program in addition to the hold harmless clause.
Councilman Ambarian noted a general contractor's bond is $5000
in the State. Councilman Malston said at that point it is not necessary
to vote on this. We can check into this. All we are doing is enter-
ing into an agreement. Atty. Delahay said they say you can sub-
contract later. But the City cannot enter into a contract without
specifics. Councilman Malston said if the costs of bonding are as
Councilman Ambarian says, it is unreasonable to expect that kind
of expense. We do not know. Councilman Ambarian said that is
not the exact amount of cost, but the amount of assets involved.
Councilman Malston asked to there a difference between a general
bond and a day care bond? Councilman Hail replied, he didn't
know, but for a $5000 general contractor bond, you needed at one
time $75 Thousand worth of assets, the cost is $250. Councilwoman
Glick said we are not talking about a general contractor bonding.
It should be similar to a bank messenger type. Councilman Mueller
said there is a difference between contractor's and financial security
bond. It would be much less. Councilman Hall asked if the City
has people bonded. Finance Director Brown replied yes, but he
-J did not have the exact information. Councilman Ambarian said not
®
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KENAI CITY COUNCIL
JUNE 4, 1980
Page 14
cost, but amounts of assets needed. Atty. Delahay said the City
pays the bond, it has considerable assets. IIe suggested the bond
be paid in two quarters.
VOTE, Amendment:
Motion failed, with Councilmen Hall, Mueller, Ambarian, Malston,
and Mayor O'Reilly voting no, Councilman Measles and Councilwoman
Glick voting yes.
MOTION, Amendment:
Councilman Ambarian moved, seconded by Councilwoman Glick,
to amend the motion to require a $5000 bond.
Councilman Malston said it is too early to decide bonding. City
Manager Brighton said it is possible the state may have its own
criteria. Councilman Malston said this could be in the contract.
VOTE, Amendment:
Motion failed,with Councilmen Hall, Mueller, Malston, Alayor
O'Reilly voting no, Councilmen Ambarian, Measles, Councilwoman
Glick voting yes.
Mayor O'Reilly asked the Council to vote on City participation.
Councilman Ambarian said this should include words in the bid
that bonding will be required. Councilman Malston said we are
not advertising, we are getting an application for approval. City
Manager Brighton said then we will get written permission from
Community a Regional Affairs.
VOTE, Main Motion:
Motion passed, with Councilwoman Glick and Councilman Measles
voting no.
a. NEW BUSINESS
0-1 Bills to be Paid, Bills to be Ratified.
Finance Director Brown noted there was an additional charge from
Anderson's Snow Plowing for street sweeping, for $4, 300.
MOTION:
KENAI CITY COUNCIL
JUNE 4, 1980
Page 15
Councilman Measles moved, seconded by Councilman ^Rueller,
to approve the bills with the addition.
Motion passed unanimously by roll call vote.
0-2 Requisitions Exceeding $1,000
MOTION:
Councilman Measles moved, seconded by Councilman Ambarian,
to approve the bills.
Motion passed unanimously by roll call vote.
0-3 Ordinance 576-80 - Amending Ordinance 537-79 - Merit System.
MOTION:
Councilwoman Glick moved, seconded by Councilman Malston,
to introduce the ordinance.
Motion passed with Councilman Ambarian voting no.
0-4 Ordinance 577-80 - Adopting Annual Budget for FY 80-81.
Mayor O'Reilly asked Finance Director Brown if it was okay to
leave it blank. Mr. Brown replied it was okay to leave until
June 12, 1980.
John Wise asked to speak. He said it is illegal, It is not a complete
ordinance. Mr. Brown said he can't produce the document, but he
has the figures. City Manager Brighton suggested the Council could
amend it at the June 12 meeting. Councilman Ambarian said the ord-
inance is usually introduced with a letter from the City Manager
presenting the budget to Council. Mr. Wise said with wholesale
changes, it would be wrong, it is fraud. The Council is within
their rights to modify, but if it doesn't agree with the newspaper,
It is fraud. Mayor O'Reilly asked Atty. Delahav could we introduce
it as an emergency ordinance? Atty. Delahay replied an ordinance
that pertains to finance can be an emergency ordinance. Mr. Wise
is correct. Mr. Wise said it may be legal, but the Council is denying
the public a chance to review the budget. Mayor O'Reilly asked
Mr. Brown when the document would be ready. Mr. Brown replied
June 6, 1980. Councilman Malston asked Mr. Wise, how was it
handled in 1978? Mr. Wise replied it was handled the same way, but
KENAI CITY COUNCIL
JUNE 4, 1980
Page 18
he was a victim of Council. Atty. . Delahay said the public does not have
C JJ to be heard at introduction. The public should be allowed the right
lJ_ ,way` to review before passage. Councilwoman Glick said the public was
0� not in the past to comment. The budget will be ready Friday (June 8) .
v� Councilman Ambarian said the ordinance refers to the "attached budget."
G9'�`, It is not there. Mayor O'Reilly asked Mr. Brown if he could make it
tN
available as soon as possible for action on June 12, 1980.
After a recess, Atty. Delahay asked for a re -wording of Ordinance
577-80, at the suggestion of Councilman Ambarian.
Section 1 would add that the document is going to be available for
examination by the public by June 8, 1090
MOTION.,
Councilman Ambarian moved, seconded by Councilwoman Glick,
tointroduce the ordinance as amended.
Motion passed unanimously by roll call vote.
C. 0-5 Ordinance 578-80 - Increasing Revenues for EPA Sewage Project -
$25,000
MOTION:
Councilwoman Glick moved, seconded by Councilman Measles,
tointroduce the ordinance.
Motion passed unanimously by roll call vote.
0-8 Ordinance 579-80 - Amending Title 4, Uniform Building Code.
MOTION:
Councilman Malston moved, seconded by Councilwoman Glick,
to introduce the ordinance.
Motion passed unanimously by roll call vote.
G-7 Ordinance 580-80 - Setting Tax Levy for FY 1980-81.
MOTION:
Councilman Ambarian moved, seconded by Councilman Measles,
KENAI CITY COUNCIL
JUNE 4, 1980
Page 17
to introduce the ordinance, as amended.
Atty. Delahay reminded the Council the report had to be in to the
Borough by July 12. Councilman Ambarian asked is there no mill
rate July 1 to July 12. Atty. Delahay replied it has a retroactive
effect. Councilman Ambarian asked if it cannot commence before
the ordinance is in effect. Atty. Delahay replied it can be. M.r. .
Wise asked what is the purpose of delayed effective date? Atty.
Delahay replied the ordinance is not an emergency or appropriating
funds. Mr. Wise said the Clerk cannot forward a letter 4o the Bor-
ough if it is not effective, can she certify? Atty. Delahay said the
mill levy is set on the calendar year. Mayor O'Reilly asked if the
statement can say, "has been set?" Mr. Wise said the reason for
the delay is to give an opportunity for a court challenge. If it takes =
an emergency ordinance, make it an emergency ordinance.
Motion passed with Councilman Ambarian voting no.
0-8 Resolution 80-78 - Establishing Terminal Lease Rates for Fee
i Schedule for FY 1980-81.
-' MOTION: „
Councilwoman Glick moved, seconded by Councilman Malston,
to remove the resolution from the table.
` There was no public comment.
3O'�-p,�
.. ' Councilman Ambarian said regarding the rental cars commission.
_ On related operations, would Raven lease qualify under related
operations? If so, would it be 10% of gross? Councilwoman (click
said Raven's a limo service, that to what they have always had. 1
Atty. Delahay said a rental car lease is 10%. it applies to liability
f insurance. The Council can change Raven for rental service if
r ; they so wish.
MOTION:
Councilman Ambarian moved, seconded by Councilman Pleasles,
to amend the lease rates as discussed.
Councilman Measles asked why do we have different charges,
r i some are percentage, some square foot. City Manager Brighton
<J said a car rental lease also takes parking space. Raven does not.
I
Raven has three vehicles. Rentals have ten each. Most airports
i
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1 }
1
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i .
KENAI CITY COUNCIL
( JUNE 4, 1980
Page 18
charge rental for parking area, we do not. Airport Manager Swelley
said he had a survey of airports, but he has not received one from
Alaska. Rentals are on the same basis as taxis.
MOTION TO WITHDRAW:
Councilman Ambarian withdrew his motion, with concurrence
by Councilman Measles.
F-1 Andy's Flying Service Lease
MOTION:
Councilwoman Glick moved, seconded by Councilman Malston,
to approve the lease.
Motion passed unanimously by roll call vote.
0-9 Resolution 80-91- Transfer of Funds - Fire Dept. Personnel to
Attend Training School - $250
MOTION:
Councilman Malston moved, seconded by Councilwoman Glick,
to approve the resolution.
There was no public comment.
Motion passed unanimously by roll call vote.
r 0-10 Resolution 80-92 - Transfer of Funds - Advertise Janitorial
j�
Service, Library - $25.
i MOTION:
Councilman Mueller moved, seconded by Councilman Measles,
hto approve the resolution.
i
There was no public comment.
Motion was approved unanimously by consent.
0-11 Resolution 60-93 - Transfer of Funds - Council on Aging, Provide
Funds for Balance of Year - $235
I
KENAI CITY COUNCIL
(� JUNE 4, 1980
Page 19
There was no public comment.
Motion was approved unanimously by consent.
G-12 Resolution 80-94 - Transfer of Funds - Library Building
Painted - $600
MOTION:
Councilman Measles moved, seconded by Councilman Malston,
to approve the resolution.
Motion was approved unanimously by consent.
0-13 Resolution 80-95 - Accepting Grant Offer, EPA Sewer Project -
$18,750.
MOTION:
Councilman Malston moved, seconded by Councilwoman (click, to
approve the resolution.
There was no public comment.
Motion was approved unanimously by consent.
G-14 Resolution 80-96 - Accepting Grant Offer, EPA Sewer Project -
$3,125.
MOTION:
Councilman Malston moved, seconded by Councilwoman Glick,
to approve the resolution.
There was no public comment.
Motion was approved unanimously by consent.
0-15 Resolution 80-97 - Awarding Bid for Word Processing Equipment -
MOTION:
Councilwoman Glick moved, seconded by Councilman Measles,
to approve the resolution.
TA
KENAI CITY COUNCIL ,
JUNE 4, 1080
Page 20
Atty. Delahay noted there were some small changes in the resolu-
tion, but the total did not change.
Councilwoman Gl101 and-Couneflman--Memde"greed to accept the
cha gos in the motion. JUL
There was no public comment.�nt�
P
Motion passed unanimously by roll call vote.
l
0-16 Lease - Dollar Rent-A-Car
MOTION:
Councilwoman Glick moved, seconded by Councilman Ambarian, i
to approve the lease.
Airport Manager Swalley noted he has received the signed lease.
Motion was approved unanimously by roll call vote.
i
f G-17 Lease - Raven Transit E�
MOTION:
Councilman Mueller moved, seconded by Councilman Measles,
to approve the lease.
Councilman Ambarian requested an amendment to the lease, with
concurrence of Councilman Measles. Councilman Mueller asked
if the lease would have to go back to Raven. Mayor O'Reilly replied
yes. Councilman Malston asked U it would cost them more money.
City Manager Brighton replied no.
0-18 Special Use Permit - Ball Brothers, Inc. ;
G-18 Special Use Permit - Columbia Ward Fisheries
G-20 Special Use Permit - Cook Inlet Processors
G-21 Special Use Permit - Dragnet Fisheries
0-22 Special Use Permit - Evans Aviation
0-23 Special Use Permit - Kenai Packers 7
G-24 Special Use Permit - Salamatof Seafoods
{
MOTION:
Councilman Ambarian moved, seconded by Councilwoman Glick,
I
01.E
KENAI CITY COUNCIL
JUNE 4, 1980
Page 21
to request all be approved as ono vote.
Atty. Delahay said they can join with unanimous consent of the
Council.
Notion was approved unanimously by roll call vote.
Councilman Mueller asked where Kenai Packers lease was. Air-
port Manager Swalley said three will be on the ramp. Councilman
Ambarian said he would like the square footage, it would be helpful.
What is the cents per square foot? Mr. Swalley replied 2 cents
per square foot per month. Councilman Hall asked is it the some
on hard stand as gravel? Mr. Swalley replied yes.
0-25 Consent to Sub -Lease - Gerald L . Wasson
MOTION:
Councilwoman Glick moved, seconded by Councilman Malston, to
approve the sub -lease.
Councilwoman Glick said this has been before Planning & Zoning and
was approved. Councilman Mueller asked H Atty. Delahay had
checked the sub -lease. Atty. Delahay replied to some extent. The
original lessee is still responsible to the City. Councilman Ambarian
said is there a better procedure for collecting fuel fees? Mr. Swalley
replied the wholesaler is responsible to the City for a report. He did
not know there was a problem. Councilman Ambarian said there have
been large sums of money paid by pilots. We take the word of the
dealer. Mr. Swalley said we have received large amounts of money.
Motion passed unanimously by roll call vote.
0-26 Amendment to Lease - Faroe Enterprises
MOTION:
Councilman Ambarian moved, seconded by Councilman Malston,
to approve the amendment to lease.
Atty. Delahay said there was no trouble with the lease.
Motion passed unanimously by roll call vote.
0-27 Change Order Payment - CH2M Hill - Sewer Treatment Plant -
C
• ' i
KENAI CITY COUNCIL
JUNE A, 1980
Pape 22
$8,390
Public Works Director Kornelis said this is not a change order, it
is asking for authority to do the work. Mayor ()'Reilly asked
are we reimbursed. Mr. Kornelis replied we nay 12-1/2%. Atty.
Delahay asked isn't this tide relocation that homer Electric will pay?
Legally we are not obligated to pay. City Manager Brighton said
Homer Electric has agreed to pay, right after they agreed, Atty.
Delahay found a letter from EPA. We should set policy as to who
should pay.
MOTION:
Councilman Ambarian moved to postpone so administration can get
together with a clear package.
Motion failed for lack of a second.
Atty. Delahay suggested a compromise. If we can get a grant, we
will share costs.
MOTION:
Councilman Ambarian moved, seconded by Councilman Mueller,
to so move in this case.
Councilwoman Glick asked they will pay if no grants are available?
Councilman Ambarian said as general policy, his motion was on
this action only.
MOTION, Withdrawn:
Councilman Ambarian withdrew his motion, with concurrence of
Councilman Mueller.
MOTION:
Councilman Ambarian moved, seconded by Councilman Measles,
to set this action as general policy.
Finance Director Brown said we cannot guarantee a grant. It will
be 3 years down the road before we know if it's grant eligible. We
have to make a payment now. City Manager Brighton suggested we
make the policy that, if a grant is available, we will pursue.
KENAI CITY COUNCIL
JUNE A, 1080
Pago 23
MOTION, Withdrawn:
Councilman Ambarian withdrew his motion, with concurrence of
Councilman Measles.
i
G Councilwoman Glick asked are we under a time frame. Mr. Kornelis
replied ten days.
MOTION:
Councilwoman Glick moved, seconded by Councilman Malston,
to allow Homer Electric Company to pay for relocation at this time.
Motion passed unanimously by roll call vote.
i 0-28 Payment to C112M Hill - Sewer Treatment Plant - $7,800 and $1,280.
MOTION:
Councilman Ambarian moved, seconded by Councilwoman Glick,
to approve the payment.
Motion passed unanimously by roll call vote.
H. REPORTS
H-1 City Manager
City Manager Brighton spoke.
IIi
1. Regarding alternate programs for salary schedules and job des-
criptions, he has not been able to complete this. The Municipal
League plans to start a study all over Alaska. He needs more time.
Council agreed to wait.
2. He was contacted by the Dept. of Revenue regarding the license
bureau in Kenai. They have made up their mind that they will com-
bine offices, it to final. He told them that we have made space avail-
able. They said they had not been told. Councilman Malston said
he thought we should make a fuss about it, through legislators, etc.
Mr. Brighton suggested the media help and letters from the Mayor, etc.
3. The Personnel Board recommendations have not been received
�'� fiom Council.
KENAI CITY COUNCIL
JUNE 4, 1980
Page 24
4. The Public Works Committee met with the Rnaver Loop Wants
Committee. Minutes were kept. Administration will contact the
highway department regarding their problems. The Boy Scout
Park rent was not paid. The land will be coming to the City from
the State.
5. He to trying to find out how we acquire money from Juneau on
these grants from the Legislature. He would like Council direction
for Recreation Director McGillivray.
Councilman Hall asked was it to be planned by licensed engineers
or an architect. Mr. Kornelis replied yes. Councilman Ambarian
said by the time we have the money, they will have the proposals.
6. There will be two meetings June 10 at the Community Center
sponsored by the Dept. of Revenue regarding withholding State
tax.
MOTION:
Councilwoman Glick moved, seconded by Councilman Malston,
to direct the administration to proceed with contacting the high-
way department regarding Thompson Park problems.
Motion passed unanimously by roll call vote.
Councilman Ambarian said we should look at the whole highway
area. Mr. Kornelis agreed. Police Chief Ross said they had a
review a few years ago, if there are other problems, please contact
him. Councilwoman Glick suggested this should be done before
the street lines are painted.
H-2 City Attorney
Atty. Delehay noted the lease clause change. Councilman Ambarian
said in the past, this has been land H improved. Finance Director
Brown said water & sewer and paving are improvements. The lease
holder improvements are not. Councilman Ambarian said this is
practice.
MOTION:
Councilman Ambarian moved, seconded by Councilman Hall, to
approve the lease clause change.
F
■ a
KENAI CITY COUNCIL
JUNE 4, 1980
Page 25
Motion passed by unanimous approval.
Gate 54 lease is not here.
Atty. Delahay also remin4ed the Council that the Personnel Board
recommendations have not been submitted, and we do not have
enough names to begin a committee.
Regarding the lease with the Historical Society. Could we make
it one lease to continue until cancelled with 30 days notice, and
janitorial charges.
This was approved by unanimous vote of the Council.
Atty. Delahay discussed the Peninsula Oilers lease.
MOTION:
Councilman Ambarian moved, seconded by Councilman Mueller,
that the original lease be followed.
Mr. Brighton asked about the clause about insurance. Councilman
Ambarian said it is as the original lease. One year. Councilwoman
Glick asked about the like -kind improvements. Do we have the
original plan? Recreation Director McGillivray said he had one.
Councilman Ambarian requested this be reported at the next meeting.
Mayor O'Reilly noted the liability insurance will be ready before
the games.
Councilman Malston noted he cannot vote. Mayor O'Reilly said
he is now able to.
Motion passed with Councilman Malston abstaining.
Regarding the Glacier State lease. This is annual, he would like
to change the terms to a longer term lease. He would also like a
one page appraisal. He wants a five year lease.
MOTION:
Councilman Malston moved, seconded by Councilwoman Glick,
to approve the long term lease.
Atty. Delahay said the State library wants a copy of the Code. He
would like to publish it in-house, and make extra copies for sale.
0
KENAI CITY COUNCIL
JUNE 4, 1980 ;
Page 26
i
Councilman Ambarian said we could make copies and use a '
cheaper cover. E
7
MOTION:
Councilman Malston moved, seconded by Councilwoman Glick,
to so move.
Motion passed unanimously by roll call vote.
Atty. Delahay said the law suit with Joe Nord, Sea Catch. Ile may
have to pay off Joe Nord, it is still in bankruptcy court.
H-3 Mayor
Mayor O'Reilly said he will need a finance sub -committee formed.
H-4 Clerk
Clerk Whelan asked for leave June 26, 27, 30 and July 1. Council
agreed.
The Census is complete in the City.
Telephone Poll on the landscaping of Little League Fields was
reported.
S;�A ,iO,9-1'a -IrA-
H-S Finance Director \
i
Finance Director Brown said, regarding the microfilm. The specs
will not be here by the end of the year, the *money will lapse, it
will have to be rebudgeted. The budget will be available at the
library and the City Hall.
H-6 Planning a Zoning
None
H-7 Borough Assembly
Councilman Ambarian spoke.
1. The hospital mill rate was set.
2. The real/personal property mill rate was set.
3. School improvements were voted.
TA
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KENAI CITY COUNCIL
(� JUNE 4, 1980
i Page 27
4. Bond money will be on the October ballot
5. He will be in Juneau on the leasing of upper Cook Inlet June 23,
it will be a public hearing.
H-8 Harbor Commission
None
I. PERSONS PRESENT SCHEDULED TO BE HEARD
Public Works Director Kornelis spoke. He said there is an airport
ramp problem. In the hauling of gravel, we may have an overrun.
He asked the Council to approve a change order with a motion not
to exceed the amount of $30, 000.
MOTION:
Councilman Measles moved, seconded by Councilwoman Glick,
to so move.
Motion passed, with Councilman Ambarian voting no.
ADJOURNMENT
Meeting adjourned at 12:18 AM.
Respectfully Submitted,
�Afiet Whelan, City Clerk
t
0
June 11, 1980
/") Verbatim Transcript, minutes of June 4, 1980 Council meeting.
C-2 PERSONS PRESENT SCHEDULED TO BE HEARD
Bob Peterkin, Chairman of the Harbor Commission
Atty. Delahay: I find some unclarity (sic) in this letter from Mr. Moore.
He talks about costs, the first costs of which the local share is x
$7 Million and in the maintenance cost of which the local share is y
$245 Thousand. Then he specifically warns that the State normally
won't do the dredging costs and he says, is the City willing to pick
up all of these local costs. There's a question In my mind whether
that includes the $7 Million as well as the 200 --- for the construction ---
as well as the $245 Thousand. Possibly In accepting this (cough,
Inaudible) Mayor made it clear that our acceptance is contingent
upon taking from the State funding in the amount of $7 Million,
there would be no doubt about it and - but I don't think the letter
from the Engineers is very clear as to what costs are concerned and _
you say they have a chance later to come in, but I think W they are
not willing at this point to go ahead with further expense unless the
City says it has the ability and is willing to permit these costs. And
if later the City withdraws because they don't have $7 Million, they
could possibly legally come back and say, well, you pay us for the
balance of our costs because you said that you were ready to go ahead.
Mayor O'Reilly: I disagree. What'll happen to that the moneys if, as, and
when we're successful from the State - if, as, and when - will come
to the City and they'll become City funds and then becomes a local
share.
Atty. Delahay: All I'm saying to try to get clarification from them or else
make the letter contingent upon State funding for this - either all
or most of this first cost.
Chairman Peterkin: On this first cost, now we - the City just came off a
10 year study, $500 Thousand study . and was denied at the State
level and the Corps. level and there was nobody came in to the City
and asked for the moneys to be reimbursed to the Corps. of Engineers.
The way I understand this is that if we cannot satisfy and deal with
the Corps. of Engineers, the State of Alaska will not even discuss
the project with us. This to what happened to us last time. Sol
don't believe that the City, if they put a restriction in there with
the State, I think you're going to knock the project out. It's got
a definite, precise chain of command and we have to satisfy the
Corps. of Engineers first. Then we go to the State. The moneys
as he talks about - the first cost, the $7 Million - is an elusive
figure. This figure was developed by the Corps. of Engineers.
- 2-
Verbatim Transcript, June 4, 1980
Chairman Peterkin (contd): It was not a figure developed by the City.
the Harbor Commission or by the State of Alaska. It just - right
out of the clear blue, out of the Corps. of Engineers - what they -
with the $5 Thousand that they have spent. When he talks about
the moneys with the State, there was some confusion at first some
people in the Corps. of Engineers told us that the State of Alaska
could or would reimburse the City for part of their $245 Thousand.
That to not the case. That was a statement that was totally wrong.
What happens is the Corps. of Engineers deals with the State on a
proportionate basis for the $300 Thousand. But, how they arrived
at the State's share as 300 and the City'a as 245, I have no idea. But
as I say, at this point, those figures are really irrelevant because
that is not the harbor that is going to be built in this river, in design
or facilities or anything.
-0.
r
t ..
VA .-
, u)K,_�,*pAOE���
LPARR nF
CITY LANnR OR PArf .rrrpR
THIS AGRPPMPNT. entered into this day of
106 by and between the CITY OF KPNAT, a home -rule municipal corporation
of Alaska, hereinafter called "City", and KPNAT PP.NTNRtTf.A OURS RASP.RALL
CLUB - INC . , an Alaskan non-profit oraan19ation hereinafter called "Lessee" .
That the City, in consideration of the payments of the rents and
the performance of all the covenants herein contained by the Lessee, does
hereby demise and lease to the Lessee the following described property in the
Kenai Recording District, State of Alaskan to wits
= Northwest one -quarter (NW-1/4) of Government Lot 4.
Section 3, Township 5 North, Range A west. Seward
Meridian
Term; The term of this Lease is for 55 "We. 3 months
commencing ;;We, _j-day of April . 197e . to the 30th day of
June , fit . at the annual rental of $1.200.00
203r
Pa ent; Sub)eot to the terms of General Covenant No. 10 of
this Lease, the rental specified herein shall be payable ascblltftRw half in cash
and halt in -kind as follows;
(a) Ripht of entry and occupancy is authorised as of the lot
day of April . 19 70 , and the first rent shall be cot�t)@d from such
�ntll June 30, 19 76 ,, at the rate of $100.00 per �1 14t 3
bayai equals: ann now due, which consists of $150 cash and $150 of in -kind
aontributlon. City waives payment of the $150 in -kind payment.
(b) Cash paymenCor the flood year beginning July 1 and ending
June 30 shall be payable in advance, On or before the first day of July of each
year.
. (a) Rental for any period which to lees than one (1) year shall
be prorated. based on the rate of the lost full year.
(d) The rent specified herein to calculated as followst
N/A square feet at S N/A per square foot per year,
OrN/A _per year. Bee and a attached.
In addition to the rents specified above, subject to General
Covenant No. 10, the Lessee agrees to pay to the City fees as hereinafter
provided;
(a) Assessments for public improvements benefiting property in
the amount of $ 2.655.25 payable as set out in Schedule A attached.
(b) Applicable taxes to leasehold interest or other aspects.
(a) Sales Tax now enforced or levied in the future.
(d) interest at the rate of eight percent (0%) per annum on any
amount of money owed under this Lease which is not paid on or before the
date it becomes due.
(e) Additional charges as act forth in Schedule A. attached.
Page One. r.EASti Complete Revision 5/2/75
I
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(� 1, KOOK AAGE.&7 fL
Y
(d) The in -kind payment shall be equal to half the annual
rental value. Such contribution shall consist of labor done on or materials
furnished for the improvement or enhancement of that portion of Govern-
ment Lot 4 remaining in the name of City or under its control. City
shall set out guidelines each season as to the improvements it would G
like to see made on the property. Such guidelines shall be furnished
to Lessee prior to May k of each year. By June 1 of each year Lessee
shall furnish to City a plan as to how it intends to make its in -kind
payment. City shall approve such plan if it reasonably meets City's
guidelines and if the cost of such plan is likely to be at least
equal to the in -kind payment due. Lessee shall present to City
an accounting of its in -kind payment by November of each year. Costs
presented shalt be based on the price of comparable goods and services
in the community. City shall approve an amount and such amount shall
be applied as the in -kind payment for the current fiscal year. If the
approved amount is more than the in -kind payment due for that year,
the excess shall be applied to future years. If the approved amount
is less than the in -kind payment for the current fiscal year, Lessee
shall pay difference to City in cash.
(e) Oilers, at their option, may elect to substitute cash
for all or any part of the in -kind payment. "
J
1100 K,:ft PAGE-3,
Kenai Recording Di,rrir•
SCHEDULE A
Assessments. Assessments for public improvements benefiting
the property in the amount of $2,855.25 are presently owing. Oilers
may pay entire amount owing upon execution of the lease or, at its
option, may pay over a seven-year period ending April 1, 1983 under
the terms hereinafter specified:
(a) Oilers shall make an installment payment of $548.41
on or before April 1 of each of 1977, 1978, 1979, 1980,
1981, 1982 and1983.
(b) If annual installments are not paid on or before
the dates due, Oilers shall pay a one-time penalty charge
of ten percent (10%) on each annual installment or portion
thereof which is past due.
(c) Oilers shall pay an additional eight percent (8%)
per annum delinquent interest charge on the principal portion
of each annual installment or any part thereof which is
past due.
(d) Oilers may pay off any amount of the assessment
at any time with interest only to the date of payment and
without additional penalty for early pay-off subject to
(a) to (c) above.
C)
I
-..••e+rr....ru.y;N�.._� ...ra.:..�Y.+rr�lY�I+NI
HOOK ,Z,:� PAGP j7G
Konal Recurd:n;, .
The purpose for which this Lease is issued let
PROMOTiON AND OPRRATION OF AMATP.t1P BASEBALL
ACTIVIMS
OP.NRRAL COVENANTS
1. Uses: Rxeept as provided herein. any regular use of loads
or facilities without the written consent of the My is prohibited. This
prohibition shall not apply to use of areas designated by the City for specified
public uses. such as passenger terminals. automobile parking areas and streets.
t
2. Uses Not C.ontemnlated Prohibited: Solicitation of donations
or the promotion or operation of any part or kind of business or commercial
enterprise, other then as specifically set forth herein. upon. in or above
airport lands, without the written consent of the City to prohibited.
S. impounding of Property: Any or all personal or real property
Placed or used upon lands or in facilities in violation of prohibitions may be
removed and/or impounded by the City, and when so removed and/or
impounded, such property may be redeemed by the owner thereof only upon
the payment to the City of the costs of removal plus storage charges of $1.00
per day. or $5.00 per day to the case of each building or each aircraft in
excess of 5.000 pounds gross weight, or in the case of any other kind of
property. an amount not to exceed $5.00 per day, or in accordance with such
higher fees'as may be incorporated into regulations of CWs Airport.
d. Commitment for Rent and Non -Assignment: Lessee agrees
to pay the annual rental and fees speeified and not to assign this Lease or
any part. nor let. nor sublet. either by grant or implication, the whole or
any part of the premises without written consent of the City. which consent
shall be obtained pursuant to the following procedure:
(a) Submittal to. and approval of. proposed lease transfer by
the Kenai Planning Commission.
(b) After approval by the Renal Planning Commission. final
approval of transfer by the City Council.
Any assignment in violation of this provision shall be void. and
shall be grounds for cancellation of this Lease by the City.
5. Treatment of Demise: The Lessee agrees to keep the
Premises clean and in good order at its own expense, suffering no strip or
waste thereof, nor removing any material therefrom, without written
permission of the City. At the expiration of the term fixed, or any sooner
determination of the Lease. the Lessee will peaceably and quietly quit and
surrender the premises to the City -
5. Payment of Rent: Checks, bank drafts or postal money orders
shall be made payable to the City of Renal, and delivered to the City
Administration Building. Kenai. Alaska.
1. Construction Approval an4 Riandards:. Ruilding construction
shall be neat and presentable and compatible with its use and surroundings.
Prior to placing of fill material and/or construction of buildings on a leased
area, the *.essee shall submit a plan of proposed development of property to
the City Planning Commission which shall be approved in writing for all
permanent improvements. 1-01
Page Two, LBASR
t.
S I
.�.rra�»yww�rt,-�atmaers�vey�
' .)OK.�PAV �-�
t.c:-+t ttr:un:ing IF•r.'v.
S. tease Renewal Request procedure: Lessee shall within thirty
(30) days before the expiration, make application in writing for a renewal,
certifying under oath as to the character and value of all Improvements
existing on the land, facilities. properties, or interest therein. the curposs
for which such renewal is desired. and such other information as the City
may require. The Lessee shall deposit with such application, the sum
equivalent to one hundred percent (100%) of the prevailing annual rental or
fees stilt In effect. Such application. when fully conforming to the
requirements herein stated. will extend the Lease on a month-tc-month basis
until such time as the City gives notice to Lessee that:
(a) The request for renewal has been granted.
• (b) The request for renewal has been rejected. stating the
reasons for such rejection.
(a) The City has determined it to be in the best public interest,
or Is required by Law or regulation, to offer the Lease at a public auction.
(d) That equitable considerations require a revision of the
Lem prior to granting a renewal.
S. Right of Fntrvt 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 premises, remove all persons therefrom. and upon written notice.
terminate the Lease.
10. Rent Pscalation: in the event this Lease is for a term In
excess of five (5) years. the amount of rents or fees speci!led heroin ahaU, at
the option of either party. be subject to renegotiation for increase or decrease
at intervals of five (5) years from the 1st day of July preceding the
effective date of this Lease. The amount of such rents or fees as renegotiated
shall reflect the then prevailing fair market value of the lesseholA. No
increase or decrease in the amount of rents or fees shall be effective, sycoot
upon ninety (90) days written notice. 'rho proportion of cash to in -kind
payment shall be subject to renegotiation herein.
th in e event the parties are unable to agree upon the amount of
such increase or decrease, such amount shall be determined by three (3)
disinterested personas one thereof to be appointed by the City Counellt 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
determination of such three (3) persons shall be final and conclusive.
Neither party shall commence legal action without complying with tide
provision.
11. Ruilding Placement Restrictions: No building or other
permanent structure shall be placed within ten (10) feet of the boundary line
of any lot held by a Lessees provided, however. that where two (2) or more
lots held by the Lessee are eontinguous. the restriction In this condition may
be waived by written authorisation of the City.
12. Protection of Aircraft: ve building or other permanent
structure shalt be placed within fifty (501 feet of the property line fronting a
landing strip, taxiway or apron without the written approval of the pity. This
area shall be used for parking aircraft only.
13. Notices: All written notices required by this Lease ar permit .III
shall be sent by registered or certified mail or delivered personally to the
Page Three. LFASP.
MENEM
_P. '' ��w.-._ __ _ ham.-i-. .— �r � • _�_ - - .•.__1rr�
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last address of record in the files of the City.
14. Offer to Tease Acceptance: The offer to lease is made subject
to applicable taws and regulations of City, and may be withdrawn without
notice at any time after thirty (30) days from submission thereof, unless within
such thirty (30) days the Lessee executes and returns the Lease to the City.
15. Underlying Title: The interests transferred, or conveyed
by this Lease are subject to any and all of the covenants, terms or conditions
contained in the instruments conveying title or other interests to the city.
16. Right of inspection: rity shall have the right, at all I
reasonhble times, to enter the premises. or any part thereof. for the purposes
of inspection. f�
19. insurance: Lessee covenants to save the City harmless from !
all actions, suits, liabilities or damages resulting from or arising out of any
sets 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 nay for all the following:
(a) Public liability insurance protecting both the City and/or
its agents and the Lessee. such insurance to be evidenced by a certificate
showing the insurance in force. The amount of such public liability insurance
shall have limits not leas than those known as
$100.000/$300,000/t80,00
(b) Lessee agrees to carry employer's liability insurance and
Workmen's Compensation insurance. and to furnish a certificate thereof to
the City.
(a) 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. i
(d) Lessee agrees that waiver of subrogation against the City �
shall be requested of Lessee's insurer. and shall he provided at no cost to
the City.
(a) 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
shall not operate to limit or void the coverage of any one named insured as
respects claims against the some named insured or employees of such other
named insured.
19. Aeeounting 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 ( i
or statement to substantiate the computation of rents or fees. including reports I
to other governmental agencies.
19. Collection of tin aid Monies: Any or ail rents. charges, fees
or other consideration which are due and unpaid at the expiration of voluntary
or involuntary termination or cancellation of this Lease. shall be a charge
against the Lessee and Lessee's property, real or personal. and the City shall
have such 11cm. rights as are allowed by Law. and enforcement by distraint i
I Page Four. LP.ARR
El
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HOOK- PAGE!"
may be made by the City or its authorised apont.
20. go —Bement tirnnte ReservaA: City reserves the right to grant
and control easements in. or above the land leased. No such grant or
easement will be made that will unreasonably interfere with the Lessee's use
of the land.
21. 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 shell not not to reduce the rights or privileges
granted the Lessee by this Lease. nor act to cause the Losses financial lose.
22. Right to Remove Improvements: improvements owned by a
Lessee on airport lands shall. within sixty (00) days after the expiration.
termination or cancellation of the lease, be removed. provided that, in the
opinion of the City, such removal win not cause injury or damage to the
lands; and further. provided that the City may extend the time for removing
such improvements in cases where hardship is proven to its satisfaction;
provided further, that application for extension has been made in writing and
received within said sixty (60) day period. The retiring Lessee may, with
Me consent of the City, sell his improvements to a succeeding tomt.
23. improvements Left on Leasehold: if any improvements and/or
chattels having an appraised value in excess of si0000 as determined by the
City. are not removed within the time allowed by General Covenant Mo. 22 of
this Lease, such improvements and/or ohettels 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 improvements
and/or chattels, after deducting and Paying to the City all rents or fees due
and owing, and expenses incurred in making Ruch sale. if there are no other
bidders at such auction, the City is authorised to bid on such improvements
and/or chattels an amount equal to the amount owed, or to become due to the
City by the Lessee. or $1.00. whichever amount to greater. The City shall
acquire all rights to snob property, both legal and eugltable, at such a sale.
24. Tide of improvements on Leasehold to City: if any
improvements and/or chattels having an appraised value o 10.000 or less.
as determined by the City. are not removed within the time allowed by General
Covenant No. 22 of this Lease, such improvements and/or chattels shall enure
to. and absolute title shall vest in, the City.
20. _gi ht to Adopt Rules Resm-Wedt
(a) City reserves the riltht to adopt, amend and enforce
reasonable rules and regulations governing the demised premises and the
public areas and facilities used in connection therewith. VxMt in eases of
emergencyo no rule or regulation hereafter adopted or mwAidsd by City
shall become applicable to Lessee unless it has been given ten (9o) 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 agreas to observe. obey and
abide by all rules and regulations heretofore or hereafter adopted or
amended by City.
(b) Lessee shall observe, obey and comply with any and all
applicable rules, regulations, laws. ordinances, or orders of any governmental
authority. federal or state, lawfully exercising. authority over the Lessee or
Lessee's conduct of its business.
Fags Five. LRASB
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(o) City shall not he linhle to f.ossPo for any diminution o
deprivation of possession, or of its rights hereunder, on account of the
exercise of any such right or authority no in this Section orovided, no
Lessee be entitled to terminate the whole or any portion of the lonsehol
estate herein created 'by reason of the exercise of such rights or auth
unless the exercise thereof shall so interfere with Lessee's use and o:r
of the leasehold estate as to constitute a termination in whole or in par
this Lease by operation of law in accordance with the Laws of the Stag
Alaska.
20. Aircraft Operationa Protected:
(a) There is hereby reserved to the City, its successors
assigns, for the use and benefit of the public, a right of flight for the I
of aircraft in the airspace above the surface of the premises herein cot,
together with the right to cause in said airspace such noise as may be
in the operation of aircraft, now or hereafter used for navigation of or
in the air. using said airspace of landing at, taking off from, or opereu
on the Kenai Airport.
(b) The Lessee by accepting thin conveyance expressly a
for itself. ire representatives, successors, and assigns. that it will not
nor permit the erection of any structure or object, nor permit the grew
any trees on the land conveyed hereunder, which would he sit airport
obstruction within the standards established under the Paderat Aviptioi.
Administration Regulations, Part 77. as amended. to the event the afot.
covenant is breached. the City reserves the right to enter on the land
conveyed hereunder and to remove the offending structure or object, a:, r
out the offending tree. all of which shall be at the expense of the fesse•-
its heirs.or successors, or assigns.
(a) The Lessee by accepting this conveyance expressly of,
for itself. its representatives, successors, and assigns. that it will not
use of the said property in any manner which might interfere with the is
and taking off of aircraft from aid Kenai Airport, or otherwise erentinh
airport hazard. in the event the aforesaid covenant to breached. the Cif
reserves the right to enter on the land conveyed hereunder and cause ti.
abatement of such interference at the expense of the Lessee.
27. Right to Pnloyment and Peaceable Possession: City he
agrees and covenants that the Lessee. upon paying rent and performtnl:
other covenant@, terms and conditions of this Lease. shall have the Arl.
quietly and peacefully hold. use. occupy and enjoy the said leased prep
28. Lessee to Pay Taxes: Lessee shall pay all lawful taxer .
assessments which. during the term hereof may become alien upon or i
may be levied by the state, borough. city or any other tax -levying hods
upon any taxable possessory right which Lessee may gave in or to the
premises or facilities hereby teased. or the imorovoments thereon. by
reason of Its use or occupancy, orovidoet hower►ear, that nothing herein
contained shall orevent Losses from contesting the legality. validity. of
application of any such tax or assessment.
29. Sp!-aial Svrvioeat Los agrees to pay Lessor it rease
charge for any special services or facilities reeuired by Lessee in writl
which services or taeilities are not provided for herein.
30. No Partnership or Joint Ventura created: it is exprea•
understood that the City eholi not be construed or held to be a partner u
joint venturer of Lessee. in the conduct of business on the demised pre,.
- = Page Six, LEASE
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and it to expressly understood and agreed that the relationship between the
parties hereto is, and shall at all times remain, that of landlord and tenant.
31. default Rankruptcy. etc.: if the f eRmm shalt make any
assignment for the benefit of creditors. or shall be adjudged a bankrupt. or
It a receiver is appointed for the Losses or Lessee's assets, 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 +Rection IS (a)
of the Bankruptcy Act by the Lessee. then and in any event. the City may.
upon giving the Lessee ten (10) days' notice, terminate this Lease.
32. Porebearanee %let waiver of ritv's Rights: The acceptance
Of obarj(es and fees by the City for any period or periods after default of
the terms, covenants and conditions herein to be performed by the Lessee
shall not be deemed a waiver of any rights on the part of the City to terminate
this agreement for failure by the Lessee to perform. keep or observe any
of the terms or covenants or conditions hereof.
33. Reasonable nperations: This Lease is subject to caneelletton
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.
$4. Pair Operations: This Lease is subject to cancellation 9
the Loewe fails to furnish such sertrtoo on a fair. equal and not unjustly
discriminatory basis to all users thereof, or falls to charge fair, reasonable
and not unjustly discriminatory prices for each unit or services provided.
that the Lessee may be allowed to make reasonable and non-discriminatory
discounts. rebates. or other similar types of price reductions to volume
purchasers.
35. Controls to Prevent niaoriminationt City reserves the right
to approve ail 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. Nondieariminationt 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 in the event facilities are constmeted. maintained.
or otherwise operated on the said property described in this Lease, for a
purpose involving the provision of similar services or benefits, the Lessee
shall maintain and operate such facilities and services in compliance with
all other requirements imposed pursuant to Title 49. Code of Federal
Regulations. Department of Transportation. Subtitle A. Office of the
Secretary. Part 21. Nondiscrimination in Federally-assieted Programs of
the Department of Transportation -- Pffectuation 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
the right to terminate the Lease and to re-enter and repossess avid land and
facilities thereon. and hold the same as If said Lease had never been made or
issued.
37. Nondiscriminationt The Lessee. for himself. his personal
representative. successors in interest. and assigns. as a part of the
consideration hereof. does hereby covenant and agree as a covenant running
Page Seven. LEASE
iri In K_-� PAGF,.
11 rolr i?r•rnrv'r prr 1, ,. -
r
with the land that (1) no person On the grounds of race. color, or national
origin shall be excluded from participation in. denied the hanefits of. or
be otherwise subjected to discrimination in the use of said faeilitloss (2) that
in the construction of any improvements on, over, or under 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 benefits
of, or otherwise be subjected to discriminations (3) that the Lessee shall
use the premises in compliance with all other requirements imposed by
or pursuant to Title 49, Code of Federal Regulations, nepartment of
Transportation, Subtitle A. Office of the Secroterv, Part 21. Nondiscrimination
In Federally -assisted Programs of the nppartmnnt of Transporation --
Effectuation of Title Vl of the Civil Fights Act of 1064. and as said Regulations
may bmamended.
That to the event of breach of any of the above nondiscrimination
covenants, the City shall have the right to terminate the Lease and to re-enter
and repossess said land and the facilities thereon, and hold the same as u
said Lease had never been made or issued.
39. Partial invalidity If any term, provision, condition or
part of thin Lease is declared by a Court of competent jurledicdon 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. Perot Modifications: ft is mutually understood and agreed
that tide agreement, as written. covers all the agreements and stipulations
between the parties, and no representations. oral or written, have been
made modifying. adding to, or changing the terms hereof.
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.
41. Additional Covenants: Lessee agrees to such additional terms
and covenants as are set forth in Rchedule A. attached.
iN WITNESS WHERP.OP. the parties hereto have hereunto set
their hands. the day and year stated in the individual acknowledgments below.
CITY OF f(P.NAI
lsy
Page Fight, LEASE
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Konsi Recording i
STATE OF ALASKA )
THIRD JUDICIAL DISTRICT )
On this _j_day of MARCH . 19�. before ma persondij
appeared M. G. ,B, 6 J. VINCENT o'R6ILLj , known to he the person who
executed the above Leaee, and acknowledged that he (she) had the authority
to sign, for the purposes stated therein. r
G217)e-rq IA-
-bel] Irk
NOTARY WIRLIC FOR ALASKA
_ NY Commission Rxpiree: APRIL 91 1979
KP*'AI PP.NTNOY1 nRSRR
RAPPPAT.L CLTtR, INC. �h'.�l..
STATE OF ALASKA ) ''•.,,,�''.u�';.
ee. • nunua•
THIRD JUDICIAL DISTRICT )
On this t* day of doAj # 19 /!o . before me personally
appeared PAL n n .l .:-), i%tl n A . known to be the person who
executed the above Lease and acknowledged that he (she) had the authority
to sign the some. for the purposes stated therein. ,,
/ yQVI dG!"k.
NOTARY PURLIC FAR AL44iH A o.s'W YN W
My rommission Rxpiree: - 4
ACKNOWLEDGMENT FOR PITRBAND AND WIFE '3i,''�%jT •S••• py:>
STATE OF ALASKA
THIRD JUDICIAL DISTRICT )
Before me. the undersigned. a Notary Public In and for the State
of Alaska. on this day personally appeared
and , husband and wife. both known to be the
persona 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.
GIM BNDRR 14Y RAND AND ORAL OF OFFICE. this day
of . 19
NOTARY PTIAT.TC FOR ALARKA
sty commission Fxpirest
Page Tan. T.F488 ,
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ken�i R�rnrdinn IIi....: {
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CORPORATION ACKNOWLETIOMF,NT
6
STATE OF ALASKA )
ee. ,
THIRD JUDICIAL DISTRICT )
Before me, the underetprned. a Notary Public in and for the State
of Alaska. on this day personally appeared J. VINCENT 01REILLY and
M. a. RILEY . known to me to he the persona and offfeers
whose names are subscribed to the foregoing Lease, who being duly sworn,
did say that they are the President and TREASURER ,
respectively, of KENAI PENINSULA OILERS BASEBALL CLUB(Afif`pany, a corporation,
and acknowledged to me that they executed said Lease as their free act and
deed in their said capacities. and the free not and deed of said corporation,
for the purposes stated therein.
OMEN UNDER MY RAND AND SEAL OP OFFICF, this 26
Of _ MARCH . 1976
NOTARY PUBLIC FOR ALARXA
My Commission Expires: APRIy«•�;
""'��un ouw•'
APPROVED AS TO FORM by City Attorney. this day
of . 19
CITY ATTORNEY
INITIAL LEASE APPROVED by City Council. this day
of . 19
CITY CLERIC
th>a _dey �MENT IONAPPROVED by ttenei Planning CommisMon,
ASSIGNMENT APPROVED by City Council, this day
. 19
CITY CLERK
�6- 001007
A*7
RECOAE9
aI C.
DISTRICT
All IP 1 6% 6q III
REOUESTE0 0Y —Re-I,W
ADDRESS�
Page Nine. Legw
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-�
THE FOLLOWING ITEMS ARE OVER $1,000.00
WHICH NEED COUNCIL APPROVAL OR RATIFICATION 6/19/00
VENDOR
AMOUNT
DESCRIPTION
PROJECT/DRPARTMENT
ACCOUNT CHARGE__-
AMOUNT
P.O.
FOR APPROVAL.
Airport Lighting
1,245.73
Runway Lights
Airport M60
Repair/Maint. supplies
1,245.73
11934
Alaskasun Heating
2,090.00
Exhaust Pan Installation
Terminal
Buildings
2,090.00
12342
Bob's Texaco
2,949.22
Tires
Shop
Repair/Maint. Supplies
2,949.22
12318
Chevron
2,126.12
r'asoline
Shop
Operating Supplies
2,126.12
12405/12359
Clary Insurance Agency
3.469.00
May Workmen'a Comp.
Various
Workmen's Compensation
3,469.00
Doyle's Fuel Service
1,579.16
Stove Oil
Shop
Operating Supplies
1,579.16
i
Richard Garnett
1,534.55
May Legal Services
City Attorney
Professional Services
1,534.55
Glacier State
2,991.42
June Phone Service
Various
Communications
2,991.42
Homer Electric
6,627.45
Service Application
Non -Departmental
Miscellaneous
55.00
12353
May Electricity
Various
Utilities
6,572.45
Hutchings Chevrolet
13,627.60
1/2 Ton Pick -Up
FRS -Water 6 Sewer
Machinery 6 Equipment
6,777.00
11862
Impale Sedan
.fail
Machinery 6 Equipment
6,850.60
11244
Kenai Peninsula Borough
2,887.67
Data Processing Equipment
Finance
Rental
2,887.67
Peninsula Roofing
1,950.00
Roof Repair '
Library
Repair 6 Maintenance
1,950.00
12258
Servicemaster
3,159.24
June Bldg. Maintenance
Police
Professional Services
266.24
10054
June Bldg. Maintenance
Library
Professional services
400.00
10056
June Bldg. Maintenance
Terminal
Professional services
2,493.00
10059
W.O. Roofing
1,600.00
Roof Repair
Terminal
Repair 6 Maintenance
1,600.00
12259
Ward Landscaping
1,4§b.10
Seed/Fertilizer
Parke
Operating Supplies
666.10
12350
Labor
Parks
Repair 6 Maintenance
800.00
12350
A_OR RATIFICATION
National Bank of Alaska 27,437.00
AK Nun. Emp. Fed. Credit Union 10,507.00
r
PER$ 18,239.40
let National Bank 530,000.00
May Federal W/H General Fund Liability 27,437.00
May W/H General Fund Liability 10,507.00
May Retirement various Retirement 18,239.40
Cert. of Deposit 6/6/80 TCD Central Treasury $30,000.00
(' + i
� Y
s.
; !-
C. '
0
ITEMB P,R 01,000.00 PACE 2
VENDOR AMOUNT nESCRIPTION PR&IFCT/DP.PARTMPNT ACCOUNT CHARGE AMOUNT P.O.
Alnuk+t 8tate8ank 300,000.00 Cart. of nupanit 6/10/80 TCD Central Treasury 300,000.00
National Rank of Alaska 600,000.00 REPO 6/2/80 Central Treasury Central Treasury 600,000.00
REQUISITIONS OVER $1,000.00 WHICH
NERD COUNCIL APPROVAL
6/19/00
p
E I
VENDOR
DESCRIPTION
�IEPARTMEHT
AMOUNT
_ACCOUNT
j
Ward Landscaping
Equipment Rental 6 Labor/Per Rose. 79-119
CP-East Renal Trail
Construction
28,770.00
For trail construction
VECO, Inc.
Portable Backstop Construction
Parke
Imp. O/T Buildings
1,250.00
/5/3 .
Sorgen 6 Son
Gravel for Ramp Project
Airport M 6 O
Imp. O/T Buildings
.40426 as— �
1
Motorola
Two 8 Channel Scanners
FRS -Pare
Machinery 6 Equipment
5,000.00
*Richard Garnett
May Billing -City vs. Clarion
City Attorney
Professional Services
1,534.55 i
*Boxer -Marcus
Slicer/Dishwasher
Outreach
Machinery 6 Equipment
3,046.15
Misc. Utensils
Outreach
Operating Supplies
237.91 j
PO TOTAL
3,284.06
(7.9 -
*Requires Transfer of Funds
CITY OF KENAI
ORDINANCE NO. 581-80
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA
AMENDING TITLE 23 OF THE KENAI MUNICIPAL CODE TO PROVIDE FOR
TITLE AND PAY RANGE CHANGES FOR CERTAIN CORRECTIONAL OFFICERS.
WHEREAS, the approved 1980-81 Annual Budget of the City of
Kenai allows for title and pay range changes for certain
correctional officers, and
WHEREAS, these changes were approved in order to bring
titles of officers in agreement with State of Alaska employees.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA as follows:
1. That KMC 23.50.010-0 is hereby amended as follows:
(c) PUBLIC SAFETY
301 Assistant Fire Chief 18
302 Fire Fighter 13
J 303 Police Lieutenant 18
304 Police Sergeant 16
305 Police Officer 14
306 Dispatcher 7
307 Fire Engineer 15
308 Correctional Officer I 11
309 Correctional Officer 1I 12 1141
310 Fire Captain iG
311 Fire Marshall 16
312 Correctional Officer 1II 14
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 2nd
day of July, 1980.
VINCENT O REILLY, MAYOR
ATTEST:
Janet Whelan, City Clerk
First Reading: June 18, 1980
Second Reading: July 2, 1980
Effective Date: August 2, 1980
_ _ _ ter• -�-� _ _ - � _�- -- �-__ ��-.. �,�_ _-�` .''�'
CITY OF KENAI
RESOLUTION N0. 80-98
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA
THAT THE FOLLOWING TRANSFER OF MONIES BE MADE IN THE 1979-80
GENERAL FUND BUDGET:
From: ,
City Attorney - Transportation ($700)
City Attorney - Advertising ($200
S 900
To:
City Attorney - Professional
Services $900
This transfer provides monies to pay the May, 1980 billing
from Richard W. Garnett, III for work on the City vs. Clarion
case.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 18th
day of June, 1980.
VINCENT O REILLY, MAYOR
ATTEST:
Janet Whelan, City Clerk
Approved by Finance:
ei., _ - -
CITY OF KENAI
RESOLUTION NO. 80-99
t
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA
" THAT THE FOLLOWING TRANSFER OF MONIES BE MADE IN THE 1979-80
GENERAL FUND BUDGET% `
From:
E
Fire - Small Tools & Minor Equipment ($350)
Tos
Fire - Miscellaneous $350
This transfer provides monies for tuition and registration for
fire hydraulics and hazardous materials classes attended by
two members of the Fire Department.
F PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 18th
day of June, 1980. ;
VINCENT O REILLY, MAYOR
ATTEST: .
anet Whelan, City Clerk
k = Approved by Finances eA
C :.;
CITY OF KENAI
RESOLUTION NO. 80-100
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA
THAT THE FOLLOWING TRANSFER OF MONIES BE MADE IN THE 1979-80
JAIL SPECIAL REVENUE FUND BUDGET:
Froms
Operating Supplies ($100)
TO:
Repair & Maintenance Supplies $100
This transfer provides monies for supplies that have been
purchased to repair Jail equipment or facilities on an emer-
gency basis.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 18th
day of June, 1980,
VINCENT O REILLY, MAYOR
ATTEST:
Janet Whelan, City Clerk
Approved by Finances_
f`
1
CITY OF KENAI
RESOLUTION NO. 80-101
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA,
TRANSFERRING MONIES IN THE 1979-80 GENERAL FUND BUDGET.
WHEREAS, the secretary of the Legal Department could operate
more efficiently in copying from written documents if she ,
were provided an electrically -operated copyholder (costing
approximately $160) which,on touch of a button, moves auto- III
matically to reveal another line of writing of the material
to be copied, and
WHEREAS, said secretary does a great deal of such copying i
and the efficiency thus obtained would result in greater
accuracy, saving of time, and less fatigue, and
WHEREAS, the City Attorney could save time when doing
research at the library by utilizing a pocket recorder
(costing approximately $225) rather than taking lengthy and
cumbersome notes, and
WHEREAS, there is insufficient funds in the Department of
Law Account $2024, Small Tools, for such expenditures, but i
there are funds available in other accounts in the Department
of Law.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
Kenai, Alaska, that the following transfer of monies be made
in the 1979-80 General Fund Budgets
From$
City Attorney - Books ($150)
City Attorney - Office Supplies t 235
385
Tot
City Attorney - Small Tools 385
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 18th
-- day of June, 1980. -
VINCENT O'REILLY, MAYOR
ATTESTs
Janet Whelan, City Clerk
Approved by Finance: �4,4
r
CITY OF KENAI
RESOLUTION NO. 80-102
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA
AUTHORIZING THE AWARD OF BID FOR ONE 1980 3/4-TON 4x4 PICKUP
TO HUTCHINGS CHEVROLET FOR $8,201.00.
WHEREAS, the Council of the City of Kenai has authorized the
purchase of a Pickup Truck, and
WHEREAS, such bid request was advertised in a publication of
local circulation, and
WHEREAS, bids were received from two firms and opened on
Thursday, June 12, 1980, and were as follows:
Basic Bid A Basic Bid B
Company 1/2-Ton Pickup 3/4-Ton Pickup
Alaska Sales and Service NO BID NO BID
Alaska Truck Center $11,076.19 NO BID
Hutchings Chevrolet $ 70959.00 $8,201.00
WHEREAS, the specifications were written with a Basic Bid A
for a 1/2-ton pickup and a Basic Bid B for a 3/4-ton pickup,
and
WHEREAS, the specifications were very clear that the City
intended to purchase only one pickup, and
WHEREAS, the 3/4-ton pickup is better at meeting the needs of
the City, and
WHEREAS, Hutchings Chevrolet with a bid of $8,201.00 is the
lowest responsible bidder, and
WHEREAS, acceptance of Hutchings Chevrolet's bid is in the
best interest of the City of Kenai and does meet the budget
requirements.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA that the bid for one 3/4-Ton Pickup be awarded
to Hutchings Chevrolet for the bid price of $8,201.00.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 18th
day of June, 1980.
3-4Mwur:VC111a
ATTEST:
'-JJanet Whelan, city er
Approved by Finance: Caw
Kim
J
CITY OF KENAI
RESOLUTION NO. 80-103
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA
AUTHORIZING THE AWARD OF BID FOR ONE VIBRATING ROLLER AND
TRAILER TO CRAIG TAYLOR EQUIPMENT COMPANY FOR $9,388.50.
WHEREAS, the Council of the City of Kenai has authorized
the purchase of a Vibrating Roller and Trailer, and
WHEREAS, such bid request was advertised in a publication
of local circulation, and
WHEREAS, bids were received from four firms and opened on
Thursday, June 12, 1980, and were as follows:
Company Roller Trailer Total
Totem Equipment Company $7,800.00 $1,979.00 $9,779.00
Howard Cooper NO BID
Craig Taylor Equipment Co. $7,138.50 $2,2S0.00 $9,388.50
Fraley Equipment $ Supply NO BID $2,375.00
Yukon Equipment, Inc. $16,680.00 $2,250.00 $18,930.00
Utility Equipment, Inc. NO BID
WHEREAS, Craig Taylor Equipment Company with a bid of $9,388.50
is the lowest responsible bidder, and
WHEREAS, acceptance of Craig Taylor Equipment Company's bid
is in the best interest of the City of Kenai and does meet
the budget requirements.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF KENAI, ALASKA, that the bid for one Vibrating Roller and
Trailer be awarded to Craig Taylor Equipment Company for the
bid price of $9,388.50.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 18th .
day of -June, 1980.
ATTEST:
Janet Whelan, City er
Approved by Finance: CA4
6W
i
0
CITY OF KENAI
RESOLUTION NO. 80-104
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA
AUTHORIZING THE AWARD OF RID FOR ONE WOOD CHIPPER TO TOTEM
EQUIPMENT AND SUPPLY, INC. FOR $4,698.00.
WHEREAS, the Council of the City of Kenai has authorized the
purchase of a Wood Chipper, and
WHEREAS, such bid request was advertised in a publication of
local circulation; and
WHEREAS, only one bid was received and opened on Thursday,
June 12, 1980, and was as follows:
Company Bid Price
Totem Equipment and Supply, Inc. $406
WHEREAS, Totem Equipment and Supply, Inc. with a bid of $4,698.00
is the lowest responsible bidder, and
WHEREAS, acceptance of Totem Equipment and Supply, Inc.'s bid is
in the best interest of the City of Kenai and does meet the budget
requirements.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA, that the bid for one Wood Chipper be awarded to
Totem Equipment and Supply, Inc. for the bid price of $4,698.00.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 18th
day of June, 1980.
ATTEST:
Janet Whelan, City er1—
Approved by Finance: CM
1'� �►t� �� ��ijii�af8 �'A5Ic4'
CITY OF KENAI
RESOLUTION NO. 80-105
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA
THAT THE FOLLOWING TRANSFER OF MONIES BE MADE IN THE 1979-80
GENERAL FUND BUDGET:
From:
Harbor Commission - Transportation ($630)
TO:
Public Works Admin. - Transportation $630
This transfer is needed in order for the Administrative Coordinator
to attend the Pacific Northwest Waterways Association Mid -Year
meeting at the request of the Harbor Commission.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 18th
day of June, 1980.
VINCENT O REILLY, MAYOR
ATTEST:
Janet Whelan, City. Clerk
Approved by Finance: P GJ."I
1r r
rk
CITY OF KENAI
RESOLUTION NO. 80-107
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA
THAT THE FOLLOWING TRANSFER OF MONIES BE MADE IN THE 1979-80
COUNCIL ON AGING OUTREACH FUND BUDGET:
From:
Salaries ($1,621)
PERS ( 146)
Health Insurance ( 1,520)
To: ($3,287)
Machinery & Equipment $3,047
Operating Supplies 240
3 287
This transfer provides monies for several machinery and
equipment, and kitchen supply items for the Senior Citizen
program. This transfer was approved by the Kenai Peninsula
Borough, the funding agent for the outreach program.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 18th
day of June, 1980.
VINCENT O'REILLY, MAYOR
ATTEST:
Janet Whelan, City C erk
Approved by Finance: Cgs,
J
•u
ro
""
0
CITY OF KENAI
RESOLUTION NO. 80-108
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA
AWARDING A CONTRACT FOR THE CONSTRUCTION OF BACKSTOPS AND
FENCING FOR THREE SOFTBALL FIELDS AND ONE LITTLE LEAGUE FIELD
TO SALTZ GENERAL CONTRACTING.
WHEREAS, the following bids were received for the above -mentioned
projects
Alaska Fencing $46,196.20
Mt. McKinley 43,208.73
Saltz General Contracting 41,926.38
WHEREAS, Saltz General Contracting's total bid of $41,926.38
was the lowest responsible bid, and
WHEREAS, it is recommended by the Parks & Recreation Commission
to award to Saltz General Contractors, and
WHEREAS, at present $10,000 is available and appropriated for
this project in the Federal Revenue Sharing Fund, and
WHEREAS, it is expected that the City will be receiving a
grant in the near future from the State of Alaska to finance
the balance of the project, and
WHEREAS, Saltz General Contracting has agreed to honor the prices
until August 18, 1980.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA that Saltz General Contracting be awarded a
contract for the construction of backstops and fencing for three
softball fields and one Little League field under the following
conditions:
(1) Notice to proceed be given immediately for construction
of the following portions of the project to be financed with
Federal Revenue Sharing monies:
Bid item Description Amount
2 Three Softball Backstops $6,994.52
4 Field Gates 8 Posts 1,191.67
5 Dugout Gates & Posts 1,757.60
�,� 993.79
Resolution No. 80-108
Page 2
(2) Notice to proceed on the balance of the project
will be given only after, and in the event that, State grant
monies become available and appropriated for such purpose.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 18th
day of June, 1980. •
VINCENT O'REILLY, MAYOR
ATTESTt
Janet Whelan, City Clerk
Approved by Finance: &ffA
I
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June 11, 1980
RECEIVED
�' I I,U
BY CITY AM11PI STRATIOIJ
464TY NF KLNAI
Mr. Bill Brighton
City Manager
City of Kenai
P. O. Box 580
Kenai, Ak 99611
Res Athletic Field Fencing Bid
Dear Mr. Brightons
It is my understanding that the major portion of the financing
for the fencing of the softball field complex and the Little
League field, is to come from grant money authorized by the
Alaska State Legislature. Because of the delay of the
Legislature in officially authorizing these funds, so that
bids can be awarded, it has created a problem for my firm as
to bonding.
In lieu of performance and payment bonds, I would agree to
no payment being made by the City to my firm until the
project is completed and accepted by the City of Kenai.
I would also agree that the prices in our bid of May 14,
1980 will not change prior to August 18, 1980 unless a
drastic freight increase comes during this time. Adjust-
ments will be made in freight only.
Sincerely,
Ettttacting
Sr
ES/md
June 11, 1980
RECEIVED
�' I I,U
BY CITY AM11PI STRATIOIJ
464TY NF KLNAI
Mr. Bill Brighton
City Manager
City of Kenai
P. O. Box 580
Kenai, Ak 99611
Res Athletic Field Fencing Bid
Dear Mr. Brightons
It is my understanding that the major portion of the financing
for the fencing of the softball field complex and the Little
League field, is to come from grant money authorized by the
Alaska State Legislature. Because of the delay of the
Legislature in officially authorizing these funds, so that
bids can be awarded, it has created a problem for my firm as
to bonding.
In lieu of performance and payment bonds, I would agree to
no payment being made by the City to my firm until the
project is completed and accepted by the City of Kenai.
I would also agree that the prices in our bid of May 14,
1980 will not change prior to August 18, 1980 unless a
drastic freight increase comes during this time. Adjust-
ments will be made in freight only.
Sincerely,
Ettttacting
Sr
ES/md
BID OPENING TABULATION
Bid Item: ���I,-,c�pr
fl
i.acation:
.i
Time: t1'Yf.
Date:
c��1PANY AND
UPRESENTATIVE
Line
Fence
•
:►haI
T cksfop
Git�le
-eac�ue
Bc4 inp
Fleid
{cy
T'o51s�
wgout
Ga•fFs
Pc►�t5
TO'Fai
r c
.k
lash& Fence (�
4o
2,179
0 3,2(o7,00
400,00
�# 153,00
rn,96,2o
1coSM-00
0 3,267,00
95 U,00
OloS30,00
1114. Mc&,&,j
7,5(
441-00
#%323AD
#303,OS
4223,10
rem" Co.
27,�7G,Y8
�7,863,0
� y, 3a 3.uo
1, 515,2
� 2�231,oa
� y3 abS.7
, 3
;q
7,90
}�?�33151
.#3,497,24
1238,33
# 17S.14
C�.e:liCf'Itau'
� Y/I 926• Sir
'',�,y85,
�o95Y
� 3,497.2
�1191Ad►
�,757.60
[ J9
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�..' CITY OF KENAI
RESOLUTION NO. 80-109
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AWARDING
THE CONSTRUCTION OF 1980 ANIMAL CONTROL FENCING TO PENINSULA
FENCING COMPANY. 1
WHEREAS, the following bid was the only bid received and
opened for the above -mentioned I
P project at 2 P.M., June 12, '
19808
PENINSULA FENCING CO. Base Bid Bid Item #1 Bid Item #2 P
$3,884.05 $3,095.56 $788.49
I
WHEREAS, sufficient funding for construction of the entire
project has been appropriated, and
WHEREAS, this project was bid with the understanding that the
award would be made to the lowest responsible bidder, and
WHEREAS, the lowest responsible bidder is PENINSULA FENCING CO.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA that the basic bid of PENINSULA FENCING COMPANY
as the lowest responsible bidder for the construction of 1980
Animal Control fencing be accepted and the construction contract
be awarded to Peninsula Fencing Company in the amount of
$3,884.05.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 18th
day of June, 1980.
ATTEST:
Janet Whelan, C ty C erk
Approved by Finance:SgA
VINCENT O'REILLY, MAYOR
TIt
CITY OF KENAI
RESOLUTION NO. 80-110
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA,
CONCERNING THE KENAI PENINSULA BOROUGH'S ORDINANCE NO. 80-33
PERTAINING TO THE CITY OF KENAI GIVING UP ITS PORTS &
HARBOR POWERS.
WHEREAS, the Kenai Advisory Harbor Commission was created by
the Kenai City Council to develop and construct a small boat
harbor for the City of Kenai, and
WHEREAS, the Kenai {�a►dvisory Harbor Commission has spent many
months of hard wosfd)under the authority of the City of
Kenai's Ports and harbor Powers and has received for the City
substantial sums of money for their endeavor, and
WHEREAS, the Kenai Advisory Harbor Commission considers the
most immediate and pressing problem of Ports & Harbors to
the City of Kenai is the establishment of a small boat
�1 harbor, and
.aJ
WHEREAS, Ordinance No. 80-33 to become effective would
necessitate the City of Kenai relinquishing its Ports
& Harbor Powers, voiding the energies, efforts, and diligence
of the Kenai Advisory Harbor Commission, and
WHEREAS, the Advisory Harbor Commission has recommended to
the Kenai City Council that the City not give up its Ports
and Harbor Powers.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA that the Mayor and members of the Kenai Peninsula
Borough be informed of this resolution indicating the City
of Kenai is not at this time willing to give up its Ports
and Harbor Powers.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 18th
day of June, 1900.
VINCENT O REILLY, MAYOR
ATTESTS
Janet Whelan, City Clerk
CITY OF KENAI
RESOLUTION NO. 80-111
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AWARDING JANITORIAL
CONTRACTS FOR THE POLICE DEPARTMENT, LIBRARY AND AIRPORT TERMINAL FOR THE
PERIOD OF JULY 1, 1980 TO JUNE 30, 1981.
WHEREAS, bids were received on June 13. 1980 for the contract year July 1,
1980 to June 30, 1981 as follows:
LIBRARY POLICE DEPARTMENT TERMINAL
BEAVER JANITORIAL S MAIN- 8.20 11.8t 26.5d
TENANCE SERVICE
i
CRAIG &SON MAINTENANCE -7a 11.5d 26.9d
i
PENINSULA CHIMNEY SWEEP 8d 12.3t 27.9t
MIKE HOLLAND 7.7d no bid no bid
SERVICEMASTER 8.36t 12.514 29.36
WHEREAS. these bids translate per year as follows:
LIBRARY POLICE DEPARTMENT TERMINAL
BEAVER JANITORIAL & $4,920.00 $3,167.64 $28,620.00
14AINTENANCE SERVICE
_....... CRAIG 6 SON MAINTENANCE $4,200.00 $3,087.06 $29,052.00
PENINSULA CHIMNEY SWEEP $4,800.00 $3,301.81 $30,132.00
MIKE HOLLAND $49620.00 no bid no bid
SERVICEMASTER $5,016.00 $3,360.00 $31,710.00
` WHEREAS, the Council has considered the experience of all bidders in arriving
s at a determination of award in the best interests of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI. ALASKA,
- that the contracts be awarded to Craig and Son for the Library at 7t per square
foot, the Police Department at 11.5t per square foot, and awarded to Beaver
Janitorial and Maintenance Service for the Terminal at 26.5t per square foot.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THIS 18th day of June 1980.
ATTEST:
! Janet Whelan, City Clerk
f Approved by Finance
LEASE OF
AIRPORT LANDS OR FACILITIES
THIS AGREEMENT, entered into this day of
19 , by and between the CITY OF KENAI, City Hall,
P. 0. Box 580, Kenai, Alaska 99611, a home -ruled municipal
aorporaEDWARD M BROWN 1SLA�3eina rlr called "City," and
That the City, in consideration of the payments of
.the ents and performance of all the covenants herein contained
by t e Leased, does hereby demise and lease to the Lessee the
following described property in the Kenai Recording District,
State of Alaska; to wits
Lots 7, B. 9, 10 and 11, Block 1. F.B.O. Subdivision
issued iar A. PURPOSE: The purpose for which this Lease is
Office/Warehouse Complex
S. TERMs (1) T term of thi Lease is for
99 years, co sing on the � u day of ne
rOW , to the 30 day of JueU— at the
annuar rental og-f76.170.40
Lessee for successive periods of years each
giving written notice to the Lessor not -Tess t 6) months
prior to the expiration of the then ex arm. Each extended
term shall be on the same term onditions as provided in
this Lease for the ini rm. Lessee will not be permitted to
extend the ;qS@o4x10Fd the extended term. Any termination of
this uring the initial term or during any extended term
:;. C. PAYMENTS Subject to the terms of General
Covenant No. 9 of this Lease, the rental specified herein shall
be payable as follows:
(1) Right of entry and occupancy Le authorized as
of the 5 day of June , 1980 , and the first rent shall
be comp -Red xrom sucu date until June 30, 19$T�80"�i6 at the rate of
is Mimi F-0101 8� per day for 26 days, equals ,
now due.
(2) Annual rent for the fiscal year beginning
July 1 and ending June 30 shall be payable in advance on or
before the first day of July of each year. if the annual rent
exceeds $2,400, then the Lessee may opt at the time of the execution
_ hereof or at the beginning of each new Lease year to pay rent in
equal monthly installments, payable in advance on or before the
first day of July and on or before the first of each month there-
after.
`C
(° (3) Rental for any period which is less than one
i{ (1) year shall be prorated based on the rate of the last full
year.
,X (4) The rent specified herein is based on a rate
! of 6e of fair market value and is calculated as follows:
SEE EXHIBIT "A" WHICH IS ATTACHED.
LEASE Page 1 ZHITIA
$�
REVISED 3/6/80 LESSEE: C///W
LESSOR
7
i.-��!b+Ityi�erM.4a+.htiivpg/�'�►:Z+r�n:A
ram' � �i4r.�,y"•';r::�.F..S'%-;^. �:iLt;
(5) In addition to the rents specified above,
subject to General Covenant No. 9, the Lessee agrees to pay to
the appropriate parties levies, assessments, and charges as
hereinafter provideds
(a) Assessments for public improvements now
benefiting property in the amount of $ None
(b) Taxes pertaining to the leasehold interest of
the Lessee.
(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 aseeae-
ments levied in the future by the City of Kenai, as if Lessee was
considered the legal owner of record of the Leased Property.
(e) Interest at the rate of eight percent (8%)
per annum and ten percent (10%) penalties on any amount of money
owed under this Lease which is not paid on or before the date it
becomes due.
(f) Additional charges, if any, as set forth in
Schedule A, attached. 1
D. GENERAL COVENANTS. 1. USESt Except as
provided herein, any regular use o lande oe�acilities without
the written consent of the City is prohibited. This prohibition
shall not apply to use of areas designated by the City for specified
public uses, such as passenger terminals, automobile parking
areas, and streets.
2. USES NOT CONTEMPLATED PROHIBITED. Solicitation
of donations or the promos on or operat on o any 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.
3. ASSIGNMENT. (Not for collateral purposes)
Lessee with City's written` consent, which will not be unreason-
ably denied, may assign, in whole or in part, its rights as
Lessee (Leasehold Estate) hereunder except assignments for
collateral purposes will be allowed pursuant to the provision of
paragraph 33 herein.
Any assignee (except assignee's for collateral
purposes, which will conform to the provisions of Paragraph 33
Instead of this paragraph) of part or all of the leased premises
shall assume the duties and obligations of the Lessee as to the
such part or all of the leased premises. No such assignment,
however, will discharge Lessee from its duties and obligations
hereunder.
6. SUBLETTINGt Lessee may sublet part or all of
its interest in the-re-a-a-efi-*W premises without prior City approval,
except that Lessee agrees to send a copy of his executed sublease
to the City within 10 days after its execution. in addition, all ?
subleases are subject to the terms and conditions of the main
lease, and no subletting shall affect the obligation of the
Lessee to perform all of the covenants required to be performed
by the Lessee herein.
S. TREATMENT OP DEMISEt The Losses agrees to t
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 expiratic
LEASE - Page 2 INITIALS��y�!�! J
Revised 2/5/80 LESSEE
• LESSSORs F
1 jRo'e��f7fwr.:h*r�ir�dS9!NN!!�'.sr'-4.r{i-:'Y
i
• .� t
of the term fixed, or any sooner determination of the Lease, the
Lessee will peaceably and quietly quit and surrender the premises
to the City.
6. PAYMENT OP RENTS Checks, bank drafts or
postal money orders sha 1 e ma a payable to the City of Kenai,
and delivered to the City Administration Building, Kenai, Alaska.
7. CONSTRUCTION APPROVAL AND STANDARDSs Building
construction shall a neat an preseatab a 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.
• j 8. DEFAULT - RIC T OP lie Y: Should default be
made in the payment o any port on o �e 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.
9. 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 the
percentage rate (set in C4 above) of fair market value at intervals
of five (5) years from the lot day of July preceding the effective
date of this Lease. No increase or decrease in the amount of
rents or fees shall be effective, except upon thirty (30) days
written notice. Pair Market Value is defined as "the highest
price estimated in terms of money which a property will bring if
exposed for sale on the open market allowing a reasonable period
of time to find a purchaser who buys with knowledge of all the
uses to which it is adapted and for which it is capable of being
used." This Pair Market Value will be based on the condition of W6
the land on the date of this lease plus the value of improvements
if any, made by the City subsequent to the date of this Lease
which would affect the value of the property.
At each five (5) year interval, the City will have
the fair market value determined by a qualified independent
appraiser. 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 509 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 Lessee does not accept the above appraisal
as the fair market value as of July 1 of the redetermination
year, Lessee shall give notice to City of such refusal within 10
days after delivery to Lessee of the appraised valuation and the
rental rate derived therefrom, and within 10 days after such
notice of refusal, the Lessee or the representative of the Lessee
will meet with the representative of the City to select an impartial
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 N.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.
LEASE- Page 3
Revised 6/3/80
INITIALS
LESSEE 1
lessor•W
if the City and Lessee cannot agroe on an appraiser
ae above provided, the City and Lessee Shall each submit the name
of an appraisor from either of the above groups who holds any of
the above -required designations but who has not rendered an
appraisal on the property subject heroto within one year prior to
selection, the names will be placed in a container, and one will
be drawn by lot. The parties hereby agree that the appraiser
agreed upon or so selected will be retained for the redetermination
appraisal, that each party will pay one-half of the fee and
expenses of the appraisal, that tho appraiser will be informed
that he or she is bring jointly retained by the parties, and that
the appraisal rendered will be binding on both parties for that
specific redetermination of rental rate.
utilized foi purpose—s LEASE
i Un tseATrout soope of theaappligationl(made a
part of this Lease and attached horeto) the terms of the Lease,
and in conformity with the ordinances of the City and Borough,
and in substantial conformity Utilization or development for With the comprehensive plan.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.
herein are unita11. CONDITION OF PREMISES: The premises demised
prove an basis. pre ease on an "as is, where is"
12. PROTECTION OF AIRCRAFT:
PermanentNo building or other
Propertyrtylice frstructure anatl be plan w thin fifty (50) feet of the
proponting a landing strip, taxiway, or apron without
the written approval of the City. This area shall be used for
Parking aircraft only.
13.
lease is made subject toOFFER
applLEASE
eeweTEregulationsof City,
offer
to
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.
or conveyed by this UNDERLYING ae eui ect tohanynand all ofttransferred,
covenants, terms or conditions Contained in the instrente
conveying title or other into wn
rests to the City.
15. RIGHT OF INSPECTION: City shall have the
right of all reasonable t s to
thereof, enter the premises, or any part
for the purposes of inspection.
16-
harmless from all aCt1 ns� itsLeliabilitiesssee ntor damags to esresultingesuit ng
from or arising out of any sets 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, os Privileges granted, and to pay all costs connected
therewith. In this connection, the Lessee agrees to arrange and
Pay for all the followings
the City and/or its)agents andic itholLanaeeeusucheinsurancento both
evidenced by a certificate showing the insurance in force. The
amount of such public liability insurance shall less than those known as 0250#000/6500e limits not
,000/5100,havhav
LEASE - Page 4 INITiALS,,,�
REVISED 2/29/So LESSEE: �///(!S,
LESSORS
7.
:,+f'p:1`.a�: :1•fi2,�3sf :Yak-a�t.1
(b) Le::f:ucr ac}rrrn to carry employer'n liability
insurance and WurkmeW u Componsatiou insurance, and to furnish a
certificate thereof to the City.
(e) Insurance contracts providing liability
insurance and Workmen's Cumponsation shall provide for not less
than thirty (30) days written notice to the City of cancellation
or oxpiration or subutantial change in policy conditions and
coverage.
(d) Lessee agrees that waiver of subrogation
against the City shall be requested of Lessee's insuror, and
shall be provided at no cost to the City.
(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 shall not operate
to limit or void the coverage of any 6ne 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 companyi 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.
17. ACCOUNTING OBLIGATION: Lessee agrees to
furnish the City an annual sworn statoment 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 ON UNPAID MONIES% Any or all
rents► charges, fees or other consideration whIch are due and
unpaid at the expiration of voluntary or involuntary termination
or cancellation of this Lease, shall be a charge against the
Lessee and Lessee's property, real or personal, and the City
shall have such lien rights as are allowed by law, and enforcement
by distraint may be made by the City or its authorized agent.
19. EASEMENT GRANTS' RESERVED: City reserves the
right to grant and control easements n, or above the land leased.
No such grant or casement will be made that will unreasonably
interfere with the Lessee's use of the land, and Leases a W 1
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.
20. LEASE SUBORDINATE TO FINANCING RROUIRENBNTS:
Lessee agrees that City may mod y t s Loaso to meet revised
requirements for Federal or State grants, or to conform to the
requirements of any revenue bond covenant. However, the modification
shall not act to reduce the rights or privileges granted the
Losseo by this Lease, nor act to cause the Lessee financial loss.
21. SURRENDFR ON TOPMINATIOV: Lessee shall, on
the idst day of the term of th s Lease or upon any earlier termination
of this Lease, surrender and deliver upon the promises into the
possession and use of City without fraud or delay in good order,...
condition and repair, except for reasonable wear and tear since
LEASE - Page 5 INITIALS�p,�A Revised 3/30/79 LESSEE: !� -
LESSORs
0
i
I
the laut naccsuary repair, replavepiont•, renturation or renewal.
free and clear of all lott-ings And occupanciot. unleus axprously
pormittod by City in writing, and rroo and clear of all liens and
oncumbrancos other than those created by for loans to City.
Upon the and 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. Howevor, if City should require any such document in
confirmation hereof, Lessee shall execute, acknowlodgo and deliver
the same and shall pay any charge, tax and foe asserted or imposed
by any and all governmental units in connection herewith.
22. RULES: Lessee shall obsorvo, obey and comply
With all applicable rulee, etc., of the State or Federal Govern-
ments.
= 23. AIRCRAFT OPERATIONS PROTECTED:
(a) There is horebp reserved to the City,
its successors and assigns, for the use and benefit of the public,
a right of flight for the passage of aircraft in the airspace
above the surface and all improvements approved by the City of
the promises 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 71ere approved by the City, the City to the
extent of those improvements releases the casement hero exprossed.)
(b) The Lessee by accepting this conveyance
expressly agrees for itself, its representatives, successors, and
assigns, that it will not erect nor permit the erection of any
structure or object, nor permit the growth of any trees on the
land conveyed hereunder, which would be an airport obstruction
within the standards established under the Federal Aviation
Administration Regulations, Part 77, as amended. In the event
the aforesaid covenant is breached, the City reserves the right
to enter on the land conveyed hereunder and to remove the offending
structure or object, and to cut the offending tree, all of which
shall be at the expense of the Losses or its heirs, or successors,
or assigns.
24. RIGHT TO ENSOYMENT AND PEACEABLE POSSESSION:
City hereby agrees an 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 promises, except that any in-
convenience 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.
25. LESSEE TO PAY TAXES: Lessee shall pay all
lawful taxes and assessments w c , during the term hereof may
become a lien upon or which may be levied by the State, Borough,
City or any other taxiovying body, upon any taxable possessory
right which Lessee may have in or to the reason of its use or
occupancy, providod, however, that nothing herein contained shall
prevent Lessee from contesting any increase in such tax or assessment
through procedures outlined in State statutes.
26. SPECIAL SERVICES: Lessee agrees to pay City
a reasonable charge •or any spot services or facilities required
by Lessee in writing, which services or facilities arc not provided
for herein.
LEASE - Page 6 INITIALS �ugyQ�..
Revised 3/30/79 LESSEE:
LESSOR:
27. NO PARTNERSHIP OR JOINT VENTURE CREATEDs It
is expressly understood that the C ty s all not be construed or
held to be a partner or joint venturer of Lessee in the conduct
of business on the demised premises; and it is expressly understood
and agreed that the relationship between the parties hereto is,
and shall at all times remain that of landlord and tenant.
28. DEPAULT BANKRUPTCY, ETC.: If the Lessee
shall make any assignment or t e benefit -of creditors or shall
be adjudged a bankrupt, or if a receiver is appointed for the
1,e90ee 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.
29. NONDISCRIMINATION: The Lessee, for himself,
hie heirs, personal representat ves, 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 facilitiesi
(b) In the construction of any improvements
on, over, or under such 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 discriminationi
(c) The Lessee shall use the premises in
compliance with all other requirements imposed by or 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 amendedi
(d) In the event facilities are constructed,
maintained, or otherwise operated on the said property described
in this Lease, for a purpose involving the provision of similar
services or benefits, the Lessee shall maintain and operate such
facilities and services in compliance with all other requirements
imposed pursuant to Title 49, Code of Federal Regulations,
Department of Transportation, Subtitle A, Office of the Secretary,
Part 21, Nondiscrimination in Federally -assisted Programs of the
Department of Transportation -- Effectuaticii of Title VI of the
Civil Rights Act of 1964, and as said Regulations may be amended;
30. PARTIAL INVALIDITY: If any term, provision,
"""�"'�'"�"�•""i°�*"""'"�`� condition or part of s Lease a 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.
31. PAROLE MODIFICATIONS: It is mutually understood
and agreed that this agreement, as wr tten, covers all the agreements
and stipulations between the parties; and no representations,
oral or written, have been made modifying, adding to, or changing
the terms hereof, or may be made except in writing, signed by all
parties in interest, and approved by the City Council of the City.
32. WARRANTY: The City does not warrant that the
property which is the sub ect 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.
LEASE - Page 7 INITIALS
Revised 1/21/80 LESSEE:
LESSORS
•f LS'�� �'_$.?it: SSE ��% %� • r %�
k
33. PTtth:::rf:Ct
r
i
(a) for the purpono of interim or pormancnt j
financing or refinancing from time to ti:se of the inilmovements to
be placed upon the leanod premises, and for no other purpose,
Lessee, after .jiving written notice thorcof to the City, may
encumber by mortgage, dernl of trust, assignment or other appropriato
instrument, Len:lco's interest in the leased premises and in and
to this Lease, provided such encumbrance portains only to such
-
leasehold interest and does not pertain to or create any interest
in City's title to the leased promises. if such mortgage, deed
of trust, or assignment shall be held by a bank, or other ostab-
lishod 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 oncum-
brance pursuant to a foreclosure or.other remedy of the secured
party, orithrough any transfer in lieu of foreclosure, or through
settlement of or arising out of any pending or contemplated
foreclosure action, such lending institution shall have the
privilege of transferring its interest in such Lease to a nominee
or a wholly owned subsidiary corporation with the prior consent
of the City, provided, however, such transferee shall assume all
of the covenants and conditions required to be performed by the
Lessee, whereupon such lending institution shall be relieved of
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 mortgages, beneficiary of a
deed of trust or security assignees, shall have and be subrogated
_
to any and all rights of the Lessee with respect to the curing of
any default hereunder by Lessee.
(a) 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 ex-
::;Yr,•�w!tssiy:-:_z
piration therefor, the City will enter into a now 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 heroin contained, subject to the following
r'
conditions
7
.
(1) Such mortgageo, beneficiary or
security assignee, shall make written request to the City for - -
such now 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 r
�
Lease.
1
4
LEASE - Page 8 INITIALS �� {
Revised 3/30/79 LESSCEso ,
LESSOR: s
ten.-s..,t5.. _ ... -..—. - -- ..�
- • F
f�
r)
r�tnv`�sx+•.+wa.., •.ta: e.s....:a•..s:N4•�a:..-.:
(2) Such mortgagea, beneficiary or
security assignee, shill pay to the City, at the tima of the
execution and dulivory 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 ouch default.
(3) Sucli mortgagee, beneficiary or
security assignee shall, on or before the execution and delivery
of such now 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.
(a) if a lending institution or its nominee
Or wholly, owned subsidiary corporatioh,shall hold a mortgage,
dead of trust, or similar security interest in and to this Lease
and shall thereaftior aequiro'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
now 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 insti-
tution, nominee, or subsidiary shall be relieved of any further
liability under such Loose 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.
34. AMENDMENT OF LEASE: Notwithstanding anything
to the contrary, in or -der to aid the Lessee in the financing of
the improvements to be situated herein, City agrees that in the
event the proposed mortgages, beneficiary or security assignee
under any interim or permanent loan on the security of the lease-
hold interest of the Lessee aqd 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 obliga-
tions 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 statutos,
rules, and regulations, and all covenants and conditions of the
deed by which the City holds title to the land.
35. COMPLIANCE WITH LAWS, Lessee shall comply
with all applicable laws, ordinances, and regulations of public
authorities now or hereafter in any manner affecting the leased
promises or the sidewalks, alloys, 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. Losnee further agrees it will not permit any unlawful
occupation, business or trade to be conducted on said promises or
any use to be made thereof contrary to any law, ordinance or
regulation as aforesaid with respect thereto.
LEASE - Page 9 INITIAL
Revised 3/30/79 LL•'SSEE:
LESSORt
36. C, Its' fil 1'ItI:F11t I::Ss Leanne, at itu own cost
and ctxpulloo, :shall. l-.evp the f.vsiu•d I;remiueii, all improvementn
which at any time durincl tho term of thin Loaao may Le nituated
thereon, and any and al.i appurtun:itoon thereuuto belonging, in
good condition and repair during the entire term of thin Lease.
37. LE:SSCE' S OBLICATIM TO RMOVI: LIENS s Lessoo
will not permit any 1 un includ'Lii(t,'Giit sioi-1'siriltud lsi, moehatl-
Los', laborers', or materialmen's liens obtainable or available
under the then existing lawn, to stand againut the leased promises
or improvements for any labor or matorial furnished to Lessee or
claimed to have boon furnished to Lessee or to Lessee's agents,
contractors, or subleascou, in connection with work of any
character performed or claimed to have bean performed on said
premises or improvements by or at the direction or sufference of
Lessee, provided, however, Lessee shall have the right to provide
a bond as contemplated by Alaska law and coatuut the validity or
amount of .any such lion or claimed lien. On fiscal determination
of such Ifen or such claim for lion, 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.
38. CONDEMNATIONI 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
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 bean paid .nto
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 39 hereof.
39. ARBITRATIONs .
(a) In the event the parties shall be unable
to agree as to any matter provided for in this Lease such dispute
shall be determined by three (3) disinterested arbitrators, 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 five (5)
days after giving of such notice the other party shall select its
arbitrator and in the event the two arbitrators chosen shall
fail, within fifteen (15) days after their selection, to agree
upon the third, then the Superior Court of the State of Alaska
shall, on request of the party not in default, or upon the
request of either party if•ncither is in default, appoint within
fifteen (15) days after such request, an arbitrator, or arbit-
rators, to fill the place or places remaining.
(c) The decision of any two (2) of the
arbitrators in conformity with the foregoing direction shall be
final and conclusive upon the parties hereto. The decision of
the arbitrators shall be in writing, signed in duplicate by any
two (2) of said arbitrators, and one copy shall be 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 heroin. 1
40. SUR1tt NDEltt At the expiration of the term `?
fixed or any sooner tormisiation of the Leacc, the Lessee will
peaceably and quietly quit and surrender the premises to the
City.
LEASE - Page 10 INITIALS
Revised 3/30/79 LESSEE:
LESSORS
i
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7.~.
kal
41. PROTECTION OF SUBTENANTS: To protect the
position of any subtenant(s) hereafter properly obtaining any
interests in the leasehold estate granted Lessee hereunder, City
agrees that in the event of the cancellation, termination, ex-
piration or surrender of this Lease (the ground lease), the City
will accept the Subtonant, 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 t
exceeding the term of this Lease, it[+Gu l(n; aamu vwvunanEe and Y
conditions therein contained, to the extent that said covenants j
and conditions are not inconsistent with any of the terms and 1
conditions of this Lease, provided such subtenant shall make full I
.A complete attornment to the City for the balance of the term j
of auch sublease so as to establish direct privity of estate and
contract between the City and the subtenant with, the same force
anti effect. -as though such sublease was originally made directly !
between the City and such subtenant; and further provided such
subtenant agrees to comply with all the provisions of the ground
Lease and all the terms of any mortgage, deed of trust or security
assignment to which such leasehold estate is subject, except the
payment of.rent under the ground Lease and the payment of any
debt service under any such mortgage, deed of trust or security
assignment.
42. SUCCESSORS IN INTEREST; This Lease shall be
binding upon and shall inure to t e bone t of the respective
successors and assigns of the parties hereto, subject to such
specific limitations or assignment as are provided for herein.
43. GOVERNING LAW; This indenture of Lease shall
be governed in all respects by the laws of the State of Alaska.
44. NOTICES;
(a) Any notices required by this Lease shall
be in writing and shall be deemed to be duly given only if deliv-
ered personally or mailed by certified or registered mail in a
prepaid envelope addressed to the parties at the address set
forth in the opening paragraph of this lease unless such address
has been changed pursuant to sub -paragraph (b) hereafter, and in
that case to the most recent address so changed.
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 ouch change of address is given to the other parties by
the means outlined in paragraph (a) above at least fifteen (15)
days prior to the giving of the particular notice in issue.
45. RIGHTS OP MORTGAGEE OR LIENHOLDERt In the
event of cancellation or or a ture or a lease 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.
46. ENTRY AND RE-ENTRYt In the event that the
Lease should be terminated as here nbefore provided, or by summary
proceedings or otherwise, or in the event that the demised lands
LEASE - Page 11 INITIAL
EVI RSED 1/21/80 LESSEE
`'j LESSOR;
r 11 "a•o........-.:�c•....... ,..,.u.r...�,....w•.v.�.,.
or any part thert-of :should i,.: 1 by t hc+ Lusi:a r .hiring thu
said term, the or it:!. agent-:, unrvant:l, or rol>rc::n_ntativ.::: o•y.
m..1y, itmnccliataly or any timr thereatt-r, rc-untwr au
and rausne pon- . t
senuion of said Linda or arch part Lhereof, and remove all poruons
and properLy thoruf.rom, hither by sowin.iry proeved{ngn or by a
suitable action or proccedin[I at lass WiLhouL buing liable for any
damages therefor. No re-entry by the Lesisor shall be doemad an
acceptance of a surrender of the Lease.
47. rOR1'I:TTtlw: OF RI_ ?:TALL In the event that the
Lease should be term n�atuil l,oc:wso of any broach by the Lusseu,
as heroin provided, the rental payment last made by the Lessee
shall be forfoitud and retained by the Lossor as partial or total
liquidated damages for said breach.
48. WRITTEN WAIVERs The receipt of rent by the
Lessor with knottl.edgo o;: any breach of the Lease by the Lessee,
or any default on the part of the Lesseo in observance or performance
df any oflthe conditions or convenants of the Lease, shall not be
doomed to be a waiver of any provisions of the Lease. No failure
on the part of the Lessor to enforce any.covenant or provision
on
contained, nor any waiver of any right thereunder by the
Lessor, unless in writing, shall discharge or invalidate such
covenants or provisions, or affect the right of the Lessor to
enforce the same in the event of any subsequont broach or default.
The receipt, by the Lessor, of any ront or any other sum of mgney
after the termination, in any manner., of the term therein domisod,
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 dhy 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.
49. EXPIRATION OF LEASEi Unless the Lease r"'•
renewed or sooner terminated as prov ded herein, the Lessee shall
peaceably and quietly leave, surrender and yield up unto the
Lessor all of the leased land on or before the last day of the
term of the Lease.
50. BUILDING AND ZONING, CODESt Leased lands
shall be utilized in accordance with the building and zoning
ordinances and rules and regulations of said authority. Failure
to do so shall constitute a default.
51. FIRE PROTECTIONt The Lessee will take all
reasonable precaution to prevent and take all necessary action to
suppress destructive or uncontrolled grass, brush or other fires
on leased lands, and comply with all laws, regulations and rules
promulgated and enforced by the City, for fire protection within
the area wherein the leased premises arc located.
52. PERSONAL USE OF MATERIALS: All coal, oil,
gas, and other minern s and all deposits of stone or gravel
valuable for extraction or utilization and all materials subject
to Title II, Division I, Chapters 4, 5 and 6 of the Alaska Adminis-
trative 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 com-
mercial purposes; provided, hotrevor, that material required for
the development of the leasehold may bu used if its use is first
approved by the City Manager.
53. MUTUAL CANCrLLATIo:11 Losses in good standing
may be cancelled in whole or in part at any time upon mutual
written a recment by Lessee and the City Council.
9
4
LEASE - Page 12 IN^TIALS�i.)tr,L1
REVISED 3/30/79 LESSELs
LESSOR:
`-' VV
ti
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i
�.:xc.-^it�.;�a-�-.r*-�`••t,r!+r,+•.�-�rta•Sr.�at
54. UNLAWFUL USE PROHIBITEOt Lessee shall not
allow the leasehold premises to be used or an unlawful purpose.
55. APPROVAL OF OTHER AUTHORITIES: The issuance
by the City of Leases does not relieve the Lessee of responsibil-
ity of obtaining licensee or permits as may be required by duly
authorized Borough, State or Federal agencies.
56. REASSIGNMENT/RELOCATIONS Should it be neces-
sary to re -assign Lessee to a Brent area of the airport
terminal, the parties agree as follows: At least thirty (30) days
written notice, in advance of such reassignment, shall be provided
to Lessee. The costs of relocation, including the costs of
moving and setting up counter and related facilities, shall be
borne by the airport terminal and may, upon the agreement of the
patties, be subtracted from the monthly rent due by Lessee to the
Airport terminal. Should reassignment and relocation be necessary,
Lessee shall be provided and afforded equivalent space, in terms
of both area and location, as that which it presently occupies.
IN WITNESS WHEREOF, the parties hereto have here-
unto set their hands, the day and year stated in the individual
acknowledgments below.
LESSORS
• CITY OF KENAI
By$
LESSEE t
wayBrow
(if Lessee is a corporation) Tive
ATTEST-
Title
STATE OP ALASKA jsa
THIRD JUDICIAL DISTRICT )
Before me, the undersigned, a Notary Public in and for the
State of Alaska, on this day personally appeared WILLIAM J.
BRZGRTON, City Manager of the City of Kenai, known to be the
person who executed the above Lease and acknowledged that he had
the authority to sign the same, for the purposes stated therein.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this _ day of
Notary Public in or Alaska
My Commission Expires$
LEASE - Page 13 INITIALS
REVISED 5/19/80 LESSS
LESSORORS
TA
1 •
I
f CORPORATION ACKNOWLEDGMENT
f
STATE OF ALASKA ) s
)as s
THIRD JUDICIAL DISTRICT ) j
Before me, the undersigned, a tlotary Public in and for the !
State of Alaska, on this day personally appeared
and , known to mo to— 0 tfie
to the foregoing
Lofficers essee who beingdulywswornhose �adid say that mes cthey dare the President i
and , respectively, Of
Company, a corporation, an acknowledged tc me that they executed
said Loasa as their free act and deed in their said capacities,
and the free act and deed of said corporation, for the purposes
stated thbrein.
GIVEN UNDER NY HAND AND SEAL OF OFFICE, this day of
19
Notary Public in and for Alas a
My Commission Expires:
i
4
' "�- •.e;"W'R�;.�A1:G3L!:;:� :..ty6J.�t�3y1r'-c::
�_ sf
INDIVIDOAL ACKNOWLEDGMENT(S)
N
STATE OF ALASKA )
)ss
THIRD JUDICIAL DISTRICT )
On thisday of , 198'e/, before me personally
appeared ED;lL N. BROWN known to be the person who
executed the above Lease and acknowledged that he (she) had the
authority to sign the same, for the purposes stated therein.
Notary Pu c Ln and for A aska
My Commiss on Expires: &4& /
ACKNOWLEDGMENT FOR HUSBAND AND WIFE ,
STATE OF ALASKA )
)so
THIRD JUDICIAL DISTRICT )
Before me, the undersigned, a Notary Public in and for the
State of Alaska, on this day personally appeared
and , husband and wiFe,
both known to be the persons whose names are subscribed to the I
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. i
GIVEN UNDER NY HAND AND SEAL OF OFFICE, this _ day of
19_
Y
Notary Public in and for Alaska r` y
My Commission Expires t�7
LEASE - Pago 14 INITIALS C,�,,,e
REVISED 11/13/79 LESSEEs'J
LESSOR:
F
Approved as to Lease form by City Attorney
(Init ala)
Approved by Finance Director (G
(Intaa)
Approved by City Manager
n t is
LEASE APPROVED By City Council this _ day of 19____
City Clerk
r
11
LEASE - Page 15
REVISED 11/13/79
r
f
i
i
`1
f
INITIALS
LESSEES
LESSOR:
j
EXHIBIT A
VALUE
RATE
RENTAL
DESCRIPTION
SQ. FT.
PER FT.
OF RETURN
ANNUAL
MOWT—HLY
Lot
7, Blk.
1,
F.B.O.
39,200
1.40
6%
$
3,292.80
$ 274.40
Lot
8, Blk.
1,
F.B.O.
39,200
1.30
6%
$
3,057.60
$ 254.80
Lot
9, Blk.
1,
F.B.O.
39,200
1.25
6%
$
2,940.00
$ 245.00 •.
Lot
10, Blk.
1,
F.B.O.
39,200
1.26
6%
$
2,940.00
$ 245.00
Lot
11, Blk.
1,
F.B.O.
'39,200
1.25
6%
$
2,940.00
245.00
$15,170.40
$1,264.20 f
APPRAISED FAIR MARKET VALUE FOR:
Lot
7, Blk.
1,
F.B.O.
$54,880
Lot
8, Blk.
1,
F.B.O.
$50,960
Lot 9, Blk. 1, F.B.O. $49,000
i.
Lot 10, Blk. 1, F.B.O. $49,000 ^
r.
Lot 11, Blk. 1, F.B.O. $49,000
EXHIBIT A FOR:
,
International Steel Erectors
c/o Edward M. Brown
.1801 West 48th Avenue
Anchorage, Alaska 99503
CITY OF KENAI
- - - P.O. Box 680 - Kenai, Alaska Phone: 283-7535
� a
Y
a
I
LEASE OF
AIRPORT LANDS OR FACILITIES
THIS ACREDIENT, entered into this day of
19 by and between the CITY OF KE189 , City Hall,
P. 0. no 580, Kenai, Alaska 99611, a home -ruled municipal
coranration of Alaska, hereinafter called "City," and A ll-it R 13t A Cur, Inc.
DBA AVIS RENTACAR 4900 AtRCRAFT DRIVE, ANCHORAGE, ALASKA 99503 ,
herainattar cal u Lusuce.
What the City, in consideration of the payments of
the rants and. performance of all the covenants herein contained
.by the Lessee'? does hereby demise and lease to the Lessee the 1
following deryCribed prcporty in the Kenai Recording District,
State of Alaskat to wits
COUNTER SPACE NUMBER 28 (60 SQUARE FEET) & CARGO SPACE (18 SQUARE FEET)
FIRST FLOOR. TERMINAL BUILDING. KENAI MUNICIPAL AIRPORT (SEE ATTACHED DIAGRAM).
issued iss A. PURPOSES The purpose for which this Lease is
PARKING SPACE FOR RENTAL CARS AND COUNTER SPACE FOR RENTAL OF CARS, SALES OF
PERSONAL ACCIDENT INSURANCE AND TIRE STORAGE.
i S. TERM (1) The term of this Lease is for
years, comment nq on the 1st day of July ,
r9 W , to the 30th day of 'ZD)T6- at the
annua rental835.9
Lessee for successive periods of years eac
giving written notice to the Lessor notTess t (6) months
prior to the expiration of the then ex arm. Each extended
term shall be on the same term conditions as provided in
this Lease for the ini ern. Lessee will not be permitted to
extend the Lea and the extended term. Any termination of
this ring. the initial term or during any extended term
C. EMS9t+ii}set—tre Lfie..begins of eel
�'eere} � -�"��
'� . The rental specified herein shall •
be payable as follows:
(1) Right of entry a d occupancy is authorized a�
of the 1st day of July , 198�
Sh
(2) Annual rent for the fiscal year beginming
July 1 and ending June 30 shall be payable in advance on or
before the first day of July of each year. If the annual rent
exceeds $2.400, then the Lessee may opt at the time of the execution
hereof or at the beginning of each new Lease year to pay rent in
equal monthly inetallmoats, payable in advance on or before the
first day of July and on or before the first of each month there-
after.
(3) Rental for any period which is less than one
(1) year shall be prorated based on the rate of the last full
year.
Visa rent epee if ied4lev e4*__" ha"AA
oL 6• of fair market value and is c owes
square feet u square foot per year, or $
INITIALS
ESSOR:
LESSEE
Itl
(5) In addition to the yenta specified above, 1
subject to General Covenant ?Jo. 9. the Lessee agrees to pay to
the appropriate parties levies, assessments, and charges as�
hereinafter providedi
•Oise—i 8040o.
(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.
(di .. - - -- --
(a) Interest at the rate of eight percent (8%)
per annum and ton percent (10%) penalties on any amount of money
owed under this Lease which is not paid on or before the date it
becomes due.
(f) Additional charges, if any, as set forth in s
Schedule A, attached.
D. GENERAL COVENANTS: 1. USES: Except as
provided herein, any regular use o lands or-Tacilities without
the written consent of the City is prohibited. This prohibition
shall not apply to use of areas designated by the City for specified
public uses, such as passenger terminals, automobile parking
areas, and streets.
2. USES NOT CONTEMPLATED PROHIBITED: Solicitation
of donations or the promotion or operat on of any part or kind of
business or commercial enterprise, other than as specifically set
forth herein, upon, in or above airport lands, without the written
consent of the City is prohibited.
3. ASSIGNMENT: (Not for collateral purposes)
Lessee with City's wr Urea consent, which will not be unreason- n��'
ably denied, may assign, in whole or in part, its rights as ,-J,gUVAf'A_Jl
Lessee (Leasehold Estate) hereunder Ism'
Any assignee
d,+�eeeaB-eB-�{►is-pasa►rAp of part or ail of the leased premises
shall assume the dut es and obligations of the Lessee as to the
such part or all of the leased premises. No such assignmont,
however, will discharge Lessee from its duties and obligations
hereunder.
d. SUDLETTINGs 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
jjj by the Lessee herein.
1 S. TREATMENT OF DEMiBEs The Lessee agrees to
keep the promises c can an n 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 expiratior
LEASE - Page 2 INITIALS V�
Revised 2/5/80• LESSEES s
LESSOR,
7
r�
of the tern fixed, or any sooner datermination of the Lease, the
Losses will peaceably and quietly quit and surrender the premises
to the City.
6. PAYMENT OF RENT: Chocks, bank drafts or
Postal money orders s a 1 ba mada payable to the City of Kenai,
and delivered to the City Administration Duilding, Kenai, Alaska.
7. CONSTRUCTION APPROVAL AND STANDARDS: Building
construction shall neat an prosentablo and compatible with
its uses and surroundings. Prior to placing of fill material
and/or construction of buildings on a leased area, the Lessee
Shall submit a plan of proposed development of property to the
City Planning Corunission which shall be approved in writing for
all permanent improvements.
i ' 8. DEFAULT - RIGHT OF ENTRY: Should default be
made in the payment of any portion of the rent or fees when due,
or in any df 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.
for a term in excess Of f ve-(5) years, the amount of rents o
fees specified herein shalll, at the option of either party,
subject to redetermination for increase or decrease based n the
percentage rate (set in C4 above) of fair market value a intervals
of five (5) years from the let day of July preceding t effective
date of thie'Lease. So increase or decrease in the unt of
rents or fees shall be effective, except upon thirt (30) days
written notice. Fair Market Value is defined as " he highest
price estimated in terms of money which a prope y will bring if
exposed for sale on the open market allowing reasonable period
Of time to find a purchaser who buys with kn ledge of all the
uses to which it is adapted and for which is capable of being
used."
At each five (5) year terval, the City will have
the fair market value determined by qualified independent
appraiser. The redetermined lease ate, annual rent, under this
provision shall be limited to a fty (50%) percent increase in
the prior lease rate until the Oth year anniversary of the lease
after which the 50% cap prov, on shall no longer apply and the
lease rate shall be redete nod every five years on the basis of
fair market evaluation as ndicated above.
If the esase does not accept the above appraisal
as the fair market v us as of July 1 of the redetermination
year, Lessee shall ive notice to City of such refusal within 10
days after d{eiiv y to Lessee of the appraised valuation and the
rental rate der ed therefrom, and within 10 days after such
notice of ref al, the Lessee or the representative of the Lessee
will meet w the representative of the City to select an impartial
appraiser the regular Alaska membership of the Society of
Real Est a Appraisers or the American Institute of Real Estate
Apprai re, or the successor body of either group who has been
pro Y designated M.A.X. or S.R.B.A., or S.R.P.A., or any
fut a similar designation which denotes proficiency in the
a raisal of commercial property and is recognized as such by
LEASE - Page 3 INITIALS
Revised 2/29/80 LESSEE:
II
LESSOR:
-r-
as above provtded, the City and Losaae shall -!aca sub::ut
Of an appraiser :roe .rithur of th•� •tbove 7rnups who _49441 my u:
the abov.i-required duuianatLona but :.the hen not Murod an
appraisal on tho property sub)uet Isuruto w ' n on,: year prior ':1)
selection, the na:-.In will be placed :. container, and one will
be drawn by lot. The parties h . ! .:groa that the appra1,aor
agreed upon or so aolucte be rotatnud for the rudots:rmtnatw.n
appraisal, that each -y will pay ono -half of the fee and
expenses of th t�ratsal, that the appraiser will be informod
that he o e is being jointly retained by the parties, and that
the raisal rendered will be binding on Loth parties for t
Sppace OAO
10. LEASE 11TILIMTI0:1: Lnauod i.„r,b hall
utilised for (�urpoaes wwithin tnu ucopo of thu appligation (made a
part of thij Clam and attached hereto) the terms of the Lease,
and in conformity wit;h the ordLnancou of tho City and Borough,
and in subsCantial conformity with the comprehensive plan. q
utilisation or devoloomont for other than the allowed uses shall
��
constitute a violation of the Lasso and subject the Lease to :4
cancellation at any time. go
i
CONDITION OF PRE1•IISESt The promises domised
heroin are hwi.proved an are ease on an "as is, where is"
basis. 2
permanent structure shall be placed within f e of the
property line fronting a la axiway, or apron without
the written a o City. This area shall be used for
13. OFFER TO LEASE ACCEPTANCE: The -offer to
lease is made subject to appl cable laws and regulations of City,
and may be withdrawn without notice at any time after thirty (30)
days from submission thereof, unless within such thirty (30) days
the Lessee executes and returns the lease to the City.
14. UNDERLYING TITLE, The interests transferred,
or conveyed by this ease are au ect to any and all of the
covenants, terms or conditions contained in the instruments
conveying title or other interests to the City.
1S. RIGHT OP INSPECTION: City eh811 have the
right of all reasons e time
to enter the premises, or any part
thereof, for the purposes of inspection.
16. INSURANCE: Lessee covenants to save the City
harmless from all actions,suite, liabilities, or -damn ges soaulting
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 promises
demised, or privileges granted, and to pay all costs connected
therewith. In this connection, the Lessee agrees to arrange and
pay for all the following:
(a) Public liability insurance protecting both
the City and/or its agents and the Lessee, such insurance to be
evidenced by a certificate showing the insurance in force. The
amount of such public liability insurance shall have limits not
less than those known as 5250,000/$500,000/0100,000.
LEASE - Page 4 INITIALS ,
AEI%ISED 2/29/80 LESSEE:
LESSOR:
(b) Loonae a•ircen to cart; employer's liabilit-r
insurancu and : ur'r. en' Compennat Lail insuranco, and to furnish a
certificate tharcof to the City.
(c) In,,uranco contracts providing liability
insurance and t•.orkmen's Compensation shall provide for not less
than thirty (30) days written notice to the City of cancellation
or expiration or substantial chango in policy conditions and
coverage.
(d) Lossee agrees that waiver of subrogation A
against the City shall be requested of Lessee's insurer, and
shall be provided at no cost to the City.
(e) Cronn hiabilitvs It is understood and
agreed that the insurance attorced by this policy or policies for
more than one named insured, shall not operpto 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
olaims aclaz�at the same named insured or employees of such other
:lamed in*rod.
r,
(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 rosponsiblo '
for payment of premiums and that City shall not be required to
pay any premiums for such insurance.
a
(g) The amount of insurance coverage required
above may be subject to review for increase at each Five (S) year
renegotiation of the Lease. - n
17. ACCOUNTiNG OBLIGATION: Lessee agrees to
furnish the City an annual sworn $tatement of gross business
receipts
of ftel--1 " - 'dand/or any certificate or statement to
substantiate the computation of rents or fees, including reports
to other governmental agencies.
18. COLLECTION ON UNPAID MONIES: Any or all
rents, charges, fees or Mar cons erat on w ch are due and
unpaid at the expiration of voluntary or involuntary termination
or cancellation of this Lease, shall be a charge against the
Lessee and Lessees property, real or personal, and the City
shall have such lien rights as are allowed by law, and enforce nt
by distraint may be made by the City or ite autt(oriaed agent.ja-
- right to grant and control easements , or above •d.
No such grant or easement will be made unroasonably
Interfere with the Lessee's se land, and Lessee shall
'have free access a any and all parking and loading
rights ram++-• o ingress and egress now or hereafter appertaining
a+r�r.r+a.�..-.�:...•w.:,...,���szr..�a+ls _1'�_ ._..,,__'___
20. LEASE SUBORDINATE TO FINANCING REOUIREMENTSs
Lessee agrees that City may modify this Lease o meet rev se
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 lose.
21. SURRENDER ON TERMINATION: Losses shall, on
the last day of the term o th s Lease or upon any earlier termination
of this Lease, surrender and deliver upon the promises into the
possession and use of City without fraud or delay in good order,' -
condition and repair, except for reasonable wear and tear since
LEASE - Page S INITIALS
Revised 3/30/79 LESSEE:
" LESSOR:
f :
the Last noccs:cary reps sir, rcpla,.s•-rnt, rentoration or ronowal ,
free .:nd cloar of all lutu.in(7s and oecupanciou unl,:uu oxprossly
permitted by City in kritano, and ft•ea and clear of all lions and 1
encumbrances other than those created by for loans to City.
Upon tho and of the term of this Lease or any
earlier termination theruof, tit).c to the buildings and improve
ments and buildincq oquipmant shall automatically vest in City -
without requirement of any deed, conveyance car bill of sale
thereon. However, if City :should require any such document in
confirmation hereof, Lessee shall execute, acknowledge and deliver
the name and shall pay any charge, tax and fee assorted or imposed
by any and all governmental units in connection herewith.
22. RULES: Lessee shall observe, obey and comply
with all applicable ruluv, etc., of the Stato or Federal Govern-
ments.
l = 23. AIRCRACT OPERATIMS PROTECTED:
r
(a) Thero is horob; reserved to the City,
its successors and assigns, for the use and benefit of the public,
a right of flight for the passage of aircraft in the airspace
above the surface and all improvements approved by the City of
the premises heroin conveyed, together with the right to cause in
said airspace such noise as may be inherent in the operation of
aircraft, now or hereafter used for navigation of or flight in t
the air, using said airspace of landing at, taking off from, or
operating on the Kenai Airport. (Whon plans for improvements I
pursuant to paragraph 7,ere approved by the City, the City to the
extent of those improvements releases the easement here expressed.) i
(b) The Lessee by accepting this conveyance
expressly agrees for itself, its representatives, successors, and i
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 Fedoral Aviation
Administration Regulations, Part 77, as amended. In the event
the aforesaid covenant is broached, 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
shall be at the expense of the -Lessee or its heirs, or successors,
or assigns.
24. RIOHT TO ENJOYMENT AND PEACEABLE POSSES320Ns
City hereby agrees an covenants t atthe Lessee, upon payLng
rent and performing other covenants, terms and conditions of this
Lease, shall have the right to quietly and peacefully hold, use,
occupy and enjoy the said leased promises, except that any in-
convenience caused by public works projects in or about the
leasehold premises shall not be construed as a denial of the
right of quibt or peaceable possession.
25. LESSEE TO PAY TAXffs Lessee shall pay all
lawful taxes and assessments w c , using the term horoof may
become a lien upon or which may be levied by the State, Borough,
City or any other taxlevying body, upon any taxable possessory
right which Lessee may have in or to the reason of its use or
occupancy, provided, however, that nothing heroin contained shall
prevent Lessee from contesting any increase in such tax or assessment
through procedures outlined in state statutes.
26. SPECIAL SERVICES: Lessee agrees to pay City
a reasonable charge or any spec .services or facilitios required
by Lessee in writing, which services or facilities arc not provided
for herein.
LEASE - Page 6 INITIALS '
Revised 3/30/79 LESSEE:
LESSORS ,
w.+'�4s,v+us.y�-*S.�£'ctraK�rYcsrricsf
.4
27. 30 PART::EP.SHIP OR .JOI::T VENTURE CREATED: It
is expressly understoos snot tna laity shall not be construed or
held to be a partner or joint venturer of Lessee in the conduct
of business on the domised promioos; and it is expressly understood
and agreed that the relationship between the Parties horoto is,
and shall at all times remain that of landlord and tenant.
28. DECAULT BA.YKR+)PTCY. ETC.; If the Lessee d
shall make any assignment for the ban" unit p 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 Leaso, and
if the appointment of the racnivor is not vacated within thirty
(30', days, or if a voluntary petition is filed under Section
180) of the Bankruptcy Act by the Losses, then and in any event,
tnu C:ty may, upon giving the Lessee thirty (30) days' notice,
terminate thi? Lease.
tt 29. NOMMSCRIt•1INATION: The Lessee, for himself,
his heirs,tpersenal Yepresentatives, 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;
(b) In the construction of any improvements
on, over, or under such lend 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, Code of Federal Regulations, Department of Transportation,
Subtitle A. Office of the Secretary, Part 21, Nondiscrimination
in Federally -assisted Programs of the Department of Transportation—
Effectuation of Title VI of the Civil Rights Act of 1964, and as
said Regulations may be amended:
(d) in the event facilities are constructed,
maintained, or otherwise operated on the said property described
in this Lease, for a purpose involving the provision of similar
services or benefits, the Lessee shall maintain and operate such
facilities and services in compliance with all other requirements
Imposed pursuant to Title 49, Code of Federal Regulations,
Department of Transportation, Subtitle A, Office of the Secretary,
Part 21, Nondiscrimination in Federally -assisted Programs of the
Department of Transportation -- Effectuation of Title V1 of the
Civil Rights Act of 1964, and as said Regulations may be amendeds
30. PARTIAL iNVAL"'TY: If any term, provision,
condition or part of t is Lease is declared by a court of competent
jurisdiction to be invalid or unconstitutional, the remaining
terms, provisions, conditions or parts shall continue in full
force and effect as though such declaration was not made.
31. PAROLE MODIFICATIONss It is mutually understood
and agreed that this agreement, as written, covers all the agreements
and stipulations between the parties and no representations,
oral or written, have been made modifying, adding to, or changing
the terms hereof, or may be made except in writing, signed by all
parties in interest, and approved by the City Council of the City.
32. 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 guarantee is given or implied that it
shall be profitable or suitable to employ the property to such
use.
LEASE - Page 7 INITIALS
Revised 1/21/80 LESSEE: C
LESSOR:
..,..wH•wTc+..r+r.!•«...ww.jw+.s :• v:•-� nit
(a) ^ ror the purpo,e of intarim or pormanen, '
financing or rofinanciuq from t1MO to lt6W of Ulu irwrovomonts o
be placed upon tho leao.d premises, and for no other purpose,
Lessee, after gtvinq written notice thoreoC to the Cit„ may
encumber by met'taage, deed of trust, asuifnuient or otltor Lip roprt,3ta
instrument, Les;iee's interest in the leased 11remisca and i and
to this Lease, provided ouch encumbrance partaina only to sucn a
loasehold interest and dues not portain to or create any interust
in City's title to the leaned promises. If :such mortga o, deed
of trust, or assignment shall be hold by a bank or ath r astab-
lished lending or financial institution (which term, hall include
an established insurance company and qualified ponsi n or profit
sharing trust) and such institution ,hall acquire t a Lossee's
interest it such Lease as a result of a sale under said encum-
brance purl nt to a foreclo,ura or other ramody f the secured
party, or,tgrrough any transfer in lieu of forecl aura, or through
sbttlomend of or arising out of any pending or ontomplated
foreelosufo action,: such lending institution s all have the
privilege of transferring its interest in su• Lease to a nominee
or a wholly owned subsidiary corporation wi the prior consent
of the City, provided, however, such trans ree shall assume all
of the covenants and conditions required be performed by the
Lessee, whereupon such lending instituti shall be relieved of
any further liability under such lease am any after such transfer.
Such lending institution or the nomine or wholly owned subsidiary=
corporation to which it may have trap arred ouch Lease, or any
other lending institution which may any time acquire such
Lease, shall be relieved, of any fur er liability under such
Lease from and after a transfer of such Lease.
(b) A lease Id mortgagee, beneficiary of a
deed of trust or security assig as, shall have and be subrogated
to any and all •rights of the ,see with respect to the curing of
any default hereunder by Less
(a) If the holder of any such mortgage, or
the beneficiary of any suc dead of trust, or the security assignee
shall give the City befor any default shall have occurred in the
Lease, a written notice ontaining the name and post office
address of such holder, and City shall thereafter give to such
holder a copy of each tice of default by the Lessee at the same
time as any notice of default shall be given by the City to the
Lessee, and the City ill not thereafter accept any surrender or
enter into any modi ication of this Lease without the prior
written consent of the holder of any first mortgage, beneficial
interest under a irat deed of trust, or security assignee, in
this Lease.
(d) If, by reason of any default of the
Lessee, eithe this Lease or any extension thereof shall be
terminated a the election of the City prior to the stated ex-
piration th refor, the City will enter into a new Lease with the
leasehold ortgagee for the remainder of the term, effective as
of the da o of such termination, at the rent and additional rent,
and on t e terms herein contained, subject to the following
conditi not
(1) Such mortgagee, beneficiary or
secu ity assignoo, shall make written request to the City for
sue new Lease within twenty (20) days after the data of such
t mination and such written request shall be accompanied by a
p yment to the City of ail sums than due to the City under this
LEASE - Page B INITIALS -
Revised 3/30/79 LESSEE:
LESSOR: �'
socurity as3iffn"' rhall hay to s.hu City, atrthe tir.:a of the
execution and .Iulivery of such new leare, .n►v and .►11 sums a
thercundur in addition to those wi►ich would at the tine o• the
oxecution and -1clivory tilcrcot bc-. duu un►i„r this J.car•ss ut for
such torminatson and in additiGtt t:horcto, any roauon. a oxpen :c3,
including le,;al and attorneys' feed, to which the •ty shall have
boon subjected by reason of such default. d
(3) such mortoagoo oneficiary or
security assignee shall, on or before the r ecution and delivery
of such now Luaso, perform all the other •onditions required to
be performed by the Lousee to the exte that the Lessee shall
have failed to perform such conditio
(a) If a 1. ping inutitution or itr nominee
or wholly.okned subsidiary eor oratioh,.ahall hold a mortgage,
dead of t,Cust, or similar se rity interest in and to this Lease
and sha1L'•thercaftcr acqu c a luasehold estate, derived either
from such instruments o frora the City, and if such institution,
nominee, or corporati shall desire to assign this Lease or any
new Lease obtained om the City (other than to a nominee or to a
wholly owned subs iary corporation as permitted by the above
provisions) to assignee who will undertake to perform and
observo the a ditions in such Lease required to be performed by
the Lesson, he City shall not unreasonably withhold its consent
to such a ignment and assumption, and any such landing insti-
tution, ominoo, or subsidiary shall be relieved of any further
liabi ty under such Lease from and after such assignment. If the
pro sod assignor shall: assert that the City in unreasonably
w hholding its consent to any s:.ah proposed assignment, such 141.
to the contrary, in order to aid the Lessee in the financi E
the improvements to be situated heroin, City agrees t n the
event the proposed mortgagee, beneficiary or secur assignee
under any interim or permanent loan on the see ty of the lease-
hold interest of the Lessee and the impro ants to be situated
thereon so requires, the City will me a reasonable effort to
amend this Lease in order to sat such requirements upon the
express condition and unders ng, however, that such variance
in language will not mat ly prejudice the City's rights
hereunder nor be sue a to alter in any way the rental obliga-
tions of the Les hereunder nor its obligations to comply with
all existin ws and regulations of the City relating to the
leasing airport lands, and to all applicable Federal statutes,
rul ,and regulations, and all covenants and conditions of the j
i
35. 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
promises or the sidewalks, alloys, streets, and way adjacent
thereto or any buildings, structures, fixturas 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 govornmontal body enacting the same.
Lessee agrees to hold City financially harmless:
(a) From the consequences of any violation
of such laws, ordinances and/or regulationst and
(b) From all claims for damages on account
of injuries, death, or property damage resulting from such
violation. Lessee furthor agrees it will not permit any unlawful
occupation, business or trade to be conducted on said promises or
any use to be made thereof contrary to any law, ordinance or
regulation as aforesaid with respect thereto. -
LEASE - Page 9 INITIALS
Revised 3/30/79 LESSEE:
LtESSO
i - .
36. CAIT P:' I'R:Ta::y: Lv ► :re, at its owls cost.
and vnpun:.e, r.h.tll. l:c�u�tar lua�c� uren>uc::, .i11 ►mprovoment.^.
which -it any t►t duruut t.ho term cat tht.a Luasc may 1>0 F:Ituated
thoreon, and any .u►d all appurteminces therou►►to belontiLnq, in
a
good condition nd repair during thu entire term of this Leano.
37. LESSPC'R OBLMNTION TO itMOV1•: LIENS: Loscee
will not hermit any lion: includ uia, but not limitu4io', moehan-
ica', laborors', or materialmen'u lions obtainable or available
under the then oiistinq lawn, to :►tand againut the luasud prcmi:,:oa
or improvementu for any labor or material Eurniahed to Loaaoe or
claimed to have boon furniuhnd to Lesson or to Lonsee'u agents,
contractors, or subleancon, in connection with work of any
character performed or claimed to have been porformed on said
promises or improvements by or at the direction or sufferance of
Lossou, provided, however, Leusea shill have the right to provide
a bond as contemplated by Alauka law and cotiteut the validity ar
amount Of any such lion or claimed lion., On final determination
of such lion -or such claim for lien, Lcuseo will immediately pay
ahy judgmoht rcndcrod with all 'proper costs and charges and shall
have such lion released or judgment satibfiad at Lessee's own
expense.
30. Coumrl•11vATIONt In the event the leased premises
or any part thereof shal bf o condemned and taken for a public or
a quasi -public use, then upon payment of any award or compensation
arising from such condemnation, there shall be such division of
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 aqree upon as being just and equitable under all
the circumstances. If ttie 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 39 hereof.
39. ARBITRATION►
(a) In the event the parties shall be unable
to agree as to any matter provided for in this Lease such dispute
shall be determined by three (3) disinterested arbitrators, one
of them shall be chosen by each of the parties hereto and the
third by the two (2) so chosen.
(b) The party desiring arbitration, as
aforesaid, shall give notice In writing to the other party of
such desire, naming the arbitrator selected by it, and five (5)
days after giving of such notice the other party shall select its
arbitrator and in the avant 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 arbit-
rators, to fill the place or places remaining.
(a) 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 an
two (2) of said arbitrators, and one copy shall be delivered to
each of the parties hereto.
(d) Except as spoeLfically provided for in
subsection (a), (b) and (c), the Uniform Arbitration Law of
Alaska shall govern the arbitration(s) contemplated heroin.
40. SURRMIDERt At the expiration of the term
fixed or any sooner torm nat on of the Lease, the Lessee will
peacoably and qui^t:ly quit and surrender the promises to the
City.
LEASE - Pago 10 INITIALS
Revised 3/30/79 LESSEE:.
LESSOR
t
ISO
il. PRO-rCTION Or SUATENANT3: To protect the
position of any ::ubten.int(a) horaaster proparly obtaining any
interests in the leasehold estate Granted Lossne hareunder, City
agrees that in the event of the cancellation, termination, ex-
piration or surrender of this Lease (the ground lease), tho City
will accept the Subtenant, its :successors and asai.lns, as its
lossoo for a period equal to the full elapsed portion of the term a
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 ws.th 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 ostablish direct privity of estate anu
contract bot%!fen the City and the subtenant with• tho some force
and effect.Am though such sublease was originally made directly
botweon the:City and such subtenants and further provided such
subtenant agroes 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 rant under the ground Lease and the payment of any
debt service undor any such mortgage, deed of trust or security
assignment.
42. SUCCESSORS IN INTEREST: This Lease shall be t
binding upon and shal inure to the benefit of the respective
successors and assigns of the parties hereto, subject to such
specific limitations or assignmont as are provided for heroin.
43. GOVEMING LAW: This indenture of Lease shall
be governed in all respects by the laws of the State of Alaska.
44. NOTICES:
(a) Any notices required by this Lease shall
be in writing and shall be deemed to be duly given only if deliv-
ered personally or mailed by certified or registered mail in a
prepaid envelope addressed to the parties at the address set
forth in the opening paragraph of this lease unless such address
has been changed pursuant to sub -paragraph (b) hereafter, and in
that case to the most recent address so changed.
The City shall also mail a copy of any notice given to the Lessee,
by registered or certified mail, to any leasehold lender (mortgagee,
beneficiary of a deed of trust, security assignee) who shall have
given the City notice of such mortgage, deed of trust or security
assignment.
(b) Any such addresses may be changed by an
appropriate notice in writing to all other parties affected
provided such change of address is given to the other parties by
the means outlined in paragraph (a) above at least fifteen (15)
days prior to the giving of the particular notice in issue.
event of cancellation or or a ture o a ease the i�v
holder of a proporly recorded mor a of trust, conditional
assignment or calla nment will have the option to
acquire a or the unexpired taro thereof, subject to the
46. ENTRY AND RE-ENTRY: In the event that the
Lease should be torn pats as heroin eforo provided, or by summary
proceedings or otherwise, or in the event that the damisad lands
LEASE - Page 11 INITIALS
REVISED 1/21/80 LESSEES
LESSOR:
1
or anv Dart th-:.. s :,t,nuw Lam• . abJn.'•nn ti by U:•r l.ur.ree .Ittrinq thy:
said toss, the t... :.ur. nr it.,; .i:rvsst::. ::nrv.rns..:, :r rapr.a:•antativa:;
may, i:cr..cd>.tt: ly cir iny ts:.;.2 tl:cre.&t t_ ter, rc-unt:L r and r.�::umo
uosoion of said L.aa.S: or au,:h 1-art awl remove all
and pruporty therc:rom, vit.hvr by :utix:ry prr,er.:dingz nr by a
suitJbld action or procueclinpt at law %athout lb.:>.nu liablo for ani
damagen thereLor, 1.0 re-vnt.ry by th-.: Loosor ::hall by doemod an
acceptanco of a utirrandur of the Lcn::.:.
47. POltr i:rr_uRv or !:1:`:TA!.s In the event Lhat the
Lease uhould be Lr:rmir►at.ai I�aC.:uua UL any breach by Lhe Lessee,
as heroin provided, the rental payment last made by the Lossoe
shall be forfoited and retained by the Lessor an partial or total
liquidated damages Cor said breach.
48. WRTTTI:r: t:AIM: The receipt of rent by the
Lessor with knowludeo ot. any breach o: the Lra::o by the Lessee,
or any do[ault on the part of thn Leuueo in c,baervanee or performance
Of any of,th13 COMlitiona or convonanto of tho Leaso, shall not be
deemed t•oSbr a waiver of any provisionu of the Lease. No failure
on the pat{t of the t.escor to enforce any.covenant or provision
on
cdnL•ainad, nor any waiver of any right thereunder by the
Lessor, unless in writing, shall discharoo or invalidate ouch
covenants or provisions, or affect the right of the Lessor to
enforce the same in the event of any cubcoquent broach or default.
The receipt, by Cho Lessor, of any rent or any other sum of mono-,
after the termination, in any mannor, of the term therein domisod,
or after the giving by the Lessor of any notice thereunder to t
effect such termination, shall not reinstate, continue, or extend
the resultant term therein domised, or destroy, or in any mannor
impair alto efficacy of any such notice of termination as may have
been given thereunder by�tho Lessor to the Lessee prior to the
rel:eipt of any such sum of money or other consideration, unless
so agreed to in writing and signed by the Lessor.
49. EXPIRATION OF LEAI Unless the Lease
renewed or sooner term hate as provided herein, the Lessee shall
peaceably and quietly leave, surrender and yield up unto the
Lessor all of the leased land on or before the last day of the f
term of the Lease.
50. BUILDING AND ZONING CODES: Leased lands
shall be utilized in accordance with the building and zoning
ordinances and rules and regulations of said authority. Failure
to do so shall constitute a default.
51. PIRE PROTECTION: The Lessee will take all
reasonable precaution to prevent and take all necessary action to
suppress destructive or uncontrolled grass, brush or other fires
on leased lands, and comply with all laws, regulations and rul s
promulgated and enforced by the City for fire protection withiB
the aroa wherein the leased promises are located. (,�'
gas, and other minerals and all deposits ot stone or
valuable for extraction or utilization and all als subject
to Title II, Division I, Chapters 4, 5 an the Alaska Adminis-
trative Code are exceptod from tha_9ver1rEion of a surface Lease.
Specifically, the Lessee of tJy-face rights shall not sell or
remove for use elsewher, timber, stone, gravel, peat moss,
topsoil, or any-o material valuable for building or com-
mercial pu as provided, howavor, that material roquirad for
the opmont of the leacohold may be used if its use is first
53. MUTUAL CANCRLLATiONs Leasers in good standing
may be cancelled in woe or in -part at any time upon mutual
written agreement by Lassoa and the City Council.
TMASS - Page la
n
.. ..._ ,q�5:;.ast;tr!f+�:n.i -Xw.t-:^�•mrn:�-..q
f I �
53. UNLAI.MIL 'IS? PPnIIIIIi"»ds Lessee shall not
allow the Leasehold prcm►sas to De uses ror an unlawful purpose.
55. APPROVAL OF OTIIER AUTIIORITIC3s The issuance
by the City of Leases does not reltevu tno Lessee of rosponuibil-
ity of obtaining licenses or permits as may be required by duly
authorized Borough, State or Federal agencies.
56. REASSIONMENT/RELOCATION: Should it be neass-
eary to re -assign Lessee to a dat econt area of the airport
torminal, the parties agree as follows: At least thirty (10) days
written notice, in advance of such reassignment, shall be peovidod
to Lessee. The costs of relocation, including the costa of
moving and setting up counter and related facilittes, shall be
borne by the airport tormanal and may, upon the agreement of the
parties, be s{Ibtractod from the monthly rent duo by Lessee to the
Airport tognihal. Should reassignment and relocation be necessary,
Lessee shall be provided and afforded equivalent space, i terms
of both arob and Location, as that which it presently oc es, to
the extent found feasible by the Airport Operations Man ager.,.ts1dl,
iN WIT:JCSS WHEREOF, the parties hora�rtdd''__h here-
unto not their hands, the day and year stated in the individual
acknowledgments below.
LESSORS 1
= CITY OF KENAI
Byt
LESSEES '
(i! Lessee is a corporation) ^
STATE OF ALASKA
�98
THIRD JUDICIAL DISTRICT
Before me, the undersigned, a Notary Public in and for the
State of Alaska, on this day personally appeared WILLIAM J.
BRIGHTON, City Managor of the City of Kenai, known to be the
person who executed the above Lease and acknowledsed that he had
the authority to sign the same, for the purposes stated therein.
GIVEN UNDER My HAND AND SEAL OF OFFICE, this day of
Notary Public
n and F07-A asks
My Commission Expiross
LEASE - Page 13 :INITIALS
REVISzD 5/19/90 LESS:,!'.,
LE330Rs
TA
0
{�i ..:- �..:..::L;2ry�,•-tom ..�:
•
CORPORATION ACNNO111LEDMIENT
STATE OF ALASKA )
)e3
THIRD JUDICIAL DISTRICT )
Before mo. the underaiianed, a Notary Public in and fo the a
�tato of Alaska, on this day personally appeared d 1' A.,f�'�(��
and known to mo to a the
n per on.i anofficers whose names arc to the fo agoi q
Lease, woo b in duly sworn, did say that they a the _ uTJ
and &T respectively, of y�
Company, a corpora
r.orat*.on, an acknowledged to me at they execu t•1d
said Lease as their free act and deed in their said capacities, !
and the frop act and deed of said corporation, for the purposes
stated tliprbin.
GIVC.V U.ND R :1)f HAND AN SEAL O OFFICE, thi s�day of
, 19,�i. i
end or A as a
My�Commission Expires:�
t
INDIVIDUAL ACKNOWLEDGMENT(S)
LESSEE
STATE Of ALASKA )
THIRD JUDICIAL DISTRICT )
On this _ day of 19 , before me personally
appeared , known to be the person who
executed teabove Lease and acknow edged that he (she) had the
authority to sign the same, for the purposes stated therein.
otary Public in and got Alaska
Hy Commission Expires:
ACKNOWLEDGMENT FOR HUSBAND AND WIPE
STATE OF ALASKA )
)ss
THIRD JUDICIAL DISTRICT )
I
Before me, the undersigned, a Notary Public in and for the
State of Alaska, on this day personally appeared
and , husband and wits ,
t own to be the persons whose names are subscribed to the i
foregoing Lease, and acknowledged to me that they executed the
same as their free and voluntary act and deed, and for the purposes '
and considerations therein expressed.
{
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of
19_
Notary Public in and for Alaska
My Commission Expires:
d � I
L ASE - ?ago 1:
REVISED 11/13/79 LESSEE:
traan�!
I
Approved as to Lease form by City Attornoy fL/�
( Inttwial
Approved by Finance Director / q a
(Inttla u►
Approved by City Managor
tznit�talu►
LEASE APPROVCD By City Council this _ day of
• + City Clerk
LEASE - Page 15
REVISED 11/13/79
INITIALS
LESSEE:
I
t ,
DATED:•July 19, 197
•
I ,
;t 9
9
NOT TO SCALE
• ••.R00t•l No.
.Current Use
Roo_ m No.
1-6
Lounge and CAfe
16
7
Janitor's Room
15
r,
8
FAA Equipment Room
17
,.,•
�` •' • 9
CAA Office Space
18
19
Tesoro Office Space
19
11
Fan Room
20,21,22,27
12
Boiler Room
23
13
tlen's Restroom
24
•'� 14
Women's Restroom
25,30
28
-
29
'
31
32
Current Use
Dollar Rent-A-Car
Hertz Counter
KAS Counter
AAI Ticket Counter
AA1 Office Space
City of Kenai Offices
AAI Freight Counter
AAI Freight Office
Cargo Area
Avis Counter
IIn"1115 dye ngilervi a Lion
Raven Transit
R
•aJ�cwaase�r-s���se�rr�r.-rs.e�
SCHEDULE A
Lease dated day off4 pp44rr' tt 9grf qq 119 h_.iibett{wtteen the CITY OF KENAI,
H CAR I?D�1V25 r municiPal90UrAIRCRAF oRIY asA��H8jXgjnaXk?r9�9�b�ed "CITY" and blaska Rent
LESSEE.
a
1. In addition to the rents specified on the per square foot basis,
LESSEE agrees to pay to the CiTY an additional charge of ton percent (10%) of
LESSEE'S gross receipts on a monthly basis for the privilege of conducting
businesses authorized herein.
2.: jheiterm "Rent-A-Car Business" as used in this agreement. shall mean
W businessrof renting passenger cars and trucks for periods of time not in ex-
cess of sixt# (60) days;. Each rental transaction shall be by a separate agreement,
and any extension of use by the renter of the period of time originally contracted
for shall be considered a separate rental transaction. The Contractor shall furnish
to the Airport Manager. for auditing purposes. the block of contract numbers that
will be used for car rental agreements covering business originating at the Kenai
Municipal Airport. and shall further advise the Airport Manager when additional
contract numbers are assigned for the Airport operations.
r.
3. Gross revenue of the rent -a -car business shall be the total amount
of the time and mileage chareas on car rental transactions.
4. Gross revenue from the sale of air travel insurance shall not include
bona fide refunds made for cancelled policies.
5. All payments shall be made monthly wihtin ten (10) days after the end
of each month, and shall be accomplished by a separate certified statement showing
gross receipts from each of the businesses herein authorized for the month for
which payments are made. If any such certified statements are found to be incorrect
statements of gross revenue for the month involved. any additional amount determined
to be due the CITY shall be immediately paid to the CITY by the Contractor and any
amount of overpayment by the Contractor shall be credited against the next monthly
payment due the CITY under this agreement.
6. The purposes for this lease are as follows:
(a) The right to conduct a business on and from the Airport for
car rentals and sale of personal accident insurance.
b) The right to conduct the business of making arrangements for
hunting and fishing trips, for air taxi services. for charter flights, for rent-
: -plane services. for motel and hotel reservations, and for long distance telephone
and telegraph services.
(a) To occupy counter space in an area and in a size designated by the
Airport Manager. Such counter to be constructed by the Contractor with size and
design to be approved by the Airport Manager. Such space shall not be used for
any other purpose except pursuant to a separate agreement for authorization from
the CITY.
(d) The right to use parking space for ten (10) vehicles at spaces
in parking areas as designated by the Airport !tanager.
LESSEE:
-
LESSOR:
LEASE OF
AIRPORT LANDS OR FACILITIES
THIS AGREEMENT, entered into this day of
19 , by and between the CITY OF KENAI, City Hall,
i _ 0: Box 560, Kenai, Alaska 99611, a home -ruled municipal
l corporation of Alaska, hereinafter called "City," and KENAI
A1R ALASKA_ 1qC. a ROX 'iG 7 _KF_NA1 _ _AI ASILA 9gR11 ,
hereinafter cal Lessee.
ghat the City, in consideration of the payments of
the ents and Performance of all the covenants herein contained
by tE Lessees, does hereby demise and lease to the Lessee the
following described pro rty in the Kenai Recording District,
state of Alaska; to
It
COUNTER SPACE NUMBER 7 0 SQUARE FEET), KENAI MUNICIPAL AIRPORT TERMI L
BUILDING, KENAI RECORDING DISTRICT,
KENAI, ALASKA . (SEE ATTACHED DIAGRAM
A. PURPOSES The purpose for which this Lease is
issued iss
TICKET COUNTER AND INFORMATION BOOTH
- B. TERMS (1) The term of this Lease is for
1TLg�yearg, commaenn•��iang on the s.t day of jV360
annual rentaleof $ 41 .00fP- '��"" j481 ► at the ..II
go (Ah's 'oboe my be enoemd-d W
Leases for successive periods of years each
giving written notice to the Lessor notices th 6) months
Prior to the expiration of the then exi erm. Each extended
term shall be on the same terms onditions ae provided in
1
this Lease for the ini rm. Lessee will not be permitted to
extend the Le nd the extended term. Any termination of
k -
--. this wring the initial term or during any extended term
C. PAYMENT: W1b so Go
_bame
The rental specified herein shall
F
be payable as followas _
y.of 0.1
. - .. �- ' .. • ,•...•.»-...-.:�t of the day of , 19 , a
be compute from sus
, at the rate of
$ days, equalsWPM 'MM10A
(2) Annual rent for the fiscal year beginning
July 1 and ending June 30 shall be payable in advance on or
before the first day of July of each year. if the annual rent
f exceeds $2,4001, then the Lessee may opt at the time of the execution
_
hereof or at the beginning of each new Lease year to pay rent in
equal monthly installments, payable in advance on or before the
- first day of July and on or before the first of each month there-
after.
(3) Rental for any period which is leas than one
(1) year shall be prorated based on the rate of the last full
year.
t
'
(4) The rent specified herein is based on a rate
of SO of fair market value and is calculated as follows: 100
square feet at $ .99 per square foot per year, or $!TNT us tax
_.. per year.
LEASE - Page i INITIALS
REVISED 3/6/90
LESSEE:
•.
LESSOR:
it .X' - = ,
f.
(S) In addition to the rents specified above,
subject to General Covenant No. 9, the Lessee agrees to pay to
the appropriate parties levies, assessments, and charges as
hereinafter provided:
�'
the besseer
(a) 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.
meets Lev �i o ens , as if Lessee was
(a) Interest at the rate of eight percent (8%)
per annum and ten percent (Iola) penalties on any amount of money
owed under this Lease which is not paid on or before the date it
becomes due.
D. GENEIA COVENANTS. 1. USES: Except as
provided herein, any regu at use of lands o=acilities without
the written consent of the City is prohibited. This prohibition
shall not apply to use of areas designated by the City for specified
public uses, sudh as passenger terminals, automobile parking
areas, and streets.
2. USES NOT CONTEMPLATED PROHIBITED: Solicitation
of donations or the promos on or operat ono any part or kind of
business or commercial enterprise, other than as specifically set
forth herein, upon, in or above airport lande, without the written
consent of the City is prohibited.
3. ASSIGNMENTS (Not for collateral purposes)
Lessee with City's consent, which will not be unreason
ably denied, may assign, in whole or in part, its rights as '
Lessee (Leasehold Estate) hereunder
Any assignee -r
����of part or all of the leased premises
shall assume theshall assume the dut�and obligations of the Lessee as to the
such part or all of the leased premises. No such assignment,
however, will discharge Lessee from its duties and obligations
hereunder.
1. SUBLETTING: Lessee may sublet part or all of
its interest in the-re-a-Me"152 premises without prior City approval,
except that Lessee agrees to send a copy of his executed sublease
to the City within 10 days after its execution. in addition, all
subleases are subject to the terms and conditions of the main
lease, and no subletting shall affect the obligation of the
Lessee to perform all of the covenants required to be performed
by the Lessee herein.
S. TREA MOP DEMISEEMISES The Lessee agrees to
keep the premises ARM
en n 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 expiratior
LEASE - Page 2 INITIALS
Revised 2/S/80 LESSEE: 1
• LESSSORt
hxJ+vGVi84MrliM}tP �
of the term fixed, or any sooner determination of the Lease, the
Lessee will peaceably and quietly quit and surrender the premises
to the City.
6. PAYMENT OF RENT: Checks, bank drafts or
postal money orders sha 1 e made payable to the City of Kenai,
and delivered to the City Administration Building, Kenai, Alaska.
7. CONSTRUCTION APPROVAL AND STANDARDS: Building
construction shall a neat an presenta le and compatible with
Its uses and surroundings. Prior to placing of fill material
and/or construction of buildings on a leased area, the Lessee
shall submit a plan of proposed development of property to the
City Planning Commission which shall be approved in writing for
all permanent improvements.
' S. DEFAULT - RICHT OF ENTRY: Should default be
made in the payment-ofany portion o t e 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 promisee, remove all persons
therefrom.
for a term in excessor Elva years, the amount of rents o
fees specified herein shall, at the option of either party, e
subject to redetermination for increase or decrease based the
percentage rate (set in C4 above) of fair market value a intervals
of five (5) years from the lot day of July preceding t effective
date of this'Lease. No increase or decrease in the unt of
rents or fees shall be effective, except upon thirt (30) days
written notice. 'Pair Market Value is defined as a highest
prise estimated in terms of money which a props y will bring if
exposed for sale on the open market allowing reasonable period
of time to find a.purahaser who buys with k ledge of all the
uses to which it is adapted and for which is capable of being
used."
At each five (5) year terval, the City will have
the lair market value determined by qualified in
appraiser. The redetermined lease ate, annual rent, under this
provision shall be limited to a fty (506) percent in
in
the prior lease rate until the Oth year anniversary of the lease
after which the 50, cap prov ion shall no longer apply and the
lease rate shall be relate ned every five years on the basis of
fair market evaluation as looted above.
i! the ssee does not accept the above appraisal
as the fair market v us as of July 1 of the redetermination
Year, Lessee shall Iva notice to City of such refusal within 10
days alter dolly to Lessee'
of the appraised valuation and the
rental rate de ved therefrom, and within 10 days after such
notice of ref sal, the Lessee or the representative of the Lessee
will meet w h the representative of the City to select an impartial
appraiser rom the regular Alaska membership of the Society of
Real Es to Appraisers or the American institute of Real Estate
Appra ors, or the successor body of either group who has been
ply designated M.A.I. or S.R.E.A., or S.R.P.A., or any
fe similar designation which denotes proficiency in the
risal of commercial property and is recognised as ouch by
LEASE - Page 3 INITIALS
Revised 2/49/80 LESSEES
LESSOR:
as above provided, the City and Lessee shall each submit t• amo
of an appraiser from either of the above groups who any of
the above-roquired designations but who h.ss not Bred an
appraisal on the property subject heroto n one year prior to
selection, the names will be placed container, and one will
be drawn by lot. The parties y agree that the appraiser
agreed upon or so solecte 1 be retained for the redetermination
appraisal, tlsaC oac ty will pay one-half of the fee and
expenses of t praisal, that the appraiser will be informed
that he a is boing jointly retained by the parties, and that
t raisal rendered will be binding on both parties for that
pace ''�
• uti;lized fo ' 10. -AlLC tJTILI "TIot's Leased shal o
purposes w thin the scope of the appligation (made a
part of thi Lease aqd 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.
11. CONDITION OF PREMISES: The premises demised .
herein are rwimprove an ` re ease on an an is, where is" hibasis.
permanent structure shall be placed w th eet of the
Property line £ranting a 1 taxiway, or apron without
the writto a City. This area shall be used for
i
13. OFFER TO LEASE ACCEPTANCES The Offer to
lease is made subject to appl cab a laws an regulations of City,
and may be withdrawn without notice at any time after thirty (30)
days from submission thereof, unless within such thirty (30) days
the Lessee executes and returns the lease to the City.
14. UNDERLYING TITLE: The interests transferred,
Y or conveyed by this aee�e are au •ect to any and all of the
covenants, terms or conditions contained in the instruments
conveying title or other interests to the City.
15. RigHT OF INSPECTION: City shall have the
right of all reasons e t e to enter the premises, or any part
' thereof, for the purposes of inspection.
16. INSURANCE: Lessee covenants to save the City
harmless from all act of ns, suits, liabilities, or -damages resulting
from or arising out of any act,6 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 costa 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 an $250,000/$500,000/6100,000.
LEASE - Page 4 INITIAL
REVISED 2/29/00 LESSEEI
LESSORe
lit
1%_,
i
(b) Leanne agrcos to carry employer*:; liability
insurance and Workmen's Compensation insurance, and to furnish a
certificate thereof to the City.
f ansurance Compensationracts shallpprovide liability
insurance and Workmen ' provide for not leas
than thirty (30) days written notice to the City of cancellation
or expiration or substantial change in policy conditions and
coverage.
(d) Lessee agrees that waiver of subrogation
against the City shall be requested of Lessee's ineuror, and
shall be provided at no cost to the City.
(e) Crons Liabilitys It is understood and j
agreed that the insurance afforded by this policy or policies for
more than one named insured, shall not operate to increase the
limits of the company's liability, but othei'wise shall not operate
to limit Qr,void the coverage of any 6ne named insured as respects
claims against the same named insured or employees of such other
named insured.
(f) The insurance procured by Lessee as herein
required shall be issued in the name of the Lessee and the City
by a company licensed to do business in the State of Alaska, and
shall contain endorsements that (1) such insurance may not be
cancelled or amended with respect to the City without thirty (30)
days written notice by registered or certified mail to City by
the insurance company; and (2) Lessee shall be solely responsible
for payment of premiums and that City shall not be required to
pay any premiums for suph insurance.
(g) The amount of insurance coverage required
above may be subject to review for increase at each five (5) year
renegotiation of the Lease.
1
furnish the City an annual sworn statement of Hess
receipts and/or an annual sworn st a number of gallons
of fuel and oil sold certificate or statement to
substanti mputation of rents or fees, including reports
I$. COLLECTION ON UNPAID MONIESs Any or all
rents, charges, fees or -other cons eras on w ah are due and i
unpaid at the expiration of voluntary or involuntary termination
or cancellation of this Lease, shall be a charge against the
Lessee and Lessee's property, real or personal, and the City
shall have such lien rights as are allowed by law, and enforcement
by distraint may be made by the City or its aut4orised ageat.
PBSOMBB
right to grant and controleasements th un, or above t eased.
No such grant or easement will be made reasonably
interfere with the Losses's use and, and Lessee shall
«-«..:•r• =,rn-•N....-� ..y have free access an _any and all parking and loading
? rights, r •ingress and egress now or hereafter appertaining
20. LEASE SUBORDINATE To FINANCING REOUIREMENTS:
Leases agrees that City may me y th s Lease to meet rev a
requirementa for Federal or State grants, or to conform to the
requirements of any revenue bond covenant. However, the modification
shall not act to reduce the rights or privileges granted the
Lessee by this Lease, nor act to cause the Lessee financial loss.
21. SURRENDER ON TERMINATION: Lessee shall, on
the last day of the term oft s Lease or upon any earlier termination
Of this Lease, surrender and deliver upon the promises into the
possession and use of City without fraud or delay in good order,'
condition and repair, except for reasonable wear and tear since
LEASE - Page 5 INITIALS
Revised 3/30/79 LESSEE►
LESSOR;; %
1
T-1 _
• �; � .s..wrar.w
the last necouuary ropair, replacement, rantoration or renowdl,
free dnd Clear of all lattings and occupancieu unless exprosaly
permitted by City in writing, and free and clear of all lions and
encumbrances other than those created by for loans to City.
Upon the end of tho term of this Lease or any
earlier termination thereof, title to the buildings and improve
manta and buildinq oquipmant shall automatically vest in City
without requirement of any dead, 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 foe asserted or imposed.
by any and all governmental units in connection herewith.
22. RULES: Lessee shall obsorvo, obey and comply
with all applicable rulov, etc., of the Stage or Federal Govern-
ments.
2 23. AIRCRACT OPERATIONS PROTECTEDs
(a) There is hereby reserved to the City,
its successors and assigns, for the use and benefit of the public,
a right of flight for the passage of aircraft in the airspace
above the surface and all improvements approved by the City of
the premises herein conveyed, together with the right to cause in
said airspace such noise as may be inherent in the operation of
aircraft, now or hereafter used for navigation of or flight in
the air, using said airspace of landing at, taking off from, or
operating on the Kenai Airport. (when plans for improvements
pursuant to paragraph 7%are approved by the City, the City to the
extent of those improvements releases the easement hero expressed.)'
expressly agrees for itself, its representatives, saccosso nd
• assigns, that it will not erect nor permit the erect any
structure or object, nor permit the growth of rasa on the
land conveyed hereunder, which would be port obstruction k
within the standards established u e Federal Aviation
Administration Regulations, 7, as amended. In the event
the aforesaid covenant reached, the City reserves the right
to enter on the conveyed hereunder and to remove the offending
structure eat, and to cut the offending tree, all of which
eha at the expense of the Lessee or its heirs, or successors,
24. RIOHT To ENJOYMENT AND PEACEABLE POSSESSION,
City hereby agrees oovenants t at t e Lessee, upon pay ng
rent and performing other covenants, terms and conditions of this
Lease, shall have the right to quietly and peacefully hold, use,
occupy and enjoy the said leased promises, except that any in-
convenience caused by public works projects in or about the
leasehold promises shall not be construed as a denial of the
right of quiet or peaceable possession.
25. LESSEE TO PAY TAXES', Lessee shall pay all
lawful taxes and assessmente•w e , uring 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.
26. SPECIAL SERVICES, Lessee agrees to pay City
a reasonable charge or any spec services or facilities required
by Lessee in writing, which services or facilities are not provided
for herein.
LEASE - Page 6 INITIALS
Revised 3/30/79 LF.SSEEs
LESSOR&
27. 40 PARTNERSHIP OR JOINT VENTURE CREATEDt It
is expressly understood that the City shall not be construed or
held to be a partner or joint venturer of Lessee in the conduct
of business on the demised promises; and it is expressly understood
and agreed that the relationship between the parties hereto is,
and shall at all times remain that of landlord and tenant.
28. DEFAULT DANKRUPTCY, E.: If the Lessee
shall make any assignment for the boner TC
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
1�c(a) of the Bankruptcy Act by the Lessee, then and in any event,
tnu City may, upon giving the Lessee thirty (30) days' notice,
terminate this Lease.
f 29. NONDISCRIMINATION: The Lessee, for himself,
his heirs, personal representat ves, 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 facilitiest
(b) In the construction of any improvements
on, over, or under such lgnd 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 discriminations
(c) The Lessee shall use the premises in
compliance with all other requirements imposed by or 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;
(d) In the event facilities are constructed,
maintained, or otherwise operated on the said property described
in this Lease, for a purpose involving the provision of similar
services or benefits, the Lessee shall maintain and operate such
facilities and services in compliance with all other requirements
imposed pursuant to Title 49, Code of Federal Regulations,
Department of Transportation, Subtitle A, Office of the Secretary,
Part 21, Nondiscrimination in Federally -assisted Programs of the
Department of Transportation -- Effectuation of Title VI of the
Civil Rights Act of 1964, and as said Regulations may be amended;
30. PARTIAL INVALIDITY: If any term, provision,
condition or part of t s Lease a 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.
• 31. PAROLE MODIFICATIONS: It is mutually understood
and agreed that this agreement, as wr tton, covers ail the agreements
and stipulations between the parties; and no representations,
oral or written, have been made modifying, adding to, or changing
the terms hereof, or may be made except in writing, signed by all
parties in interest, and approved by the City Council of the City.
32. 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 guarantee is given or implied that it
shall be profitable or suitable to employ the property to such
use.
LEASE - Page 7 INITIALS
Revised 1/21/80 LESSEE: ML
LESSORt
-d .
i
0
.:.iw—_Vft.-+Ar-.: p-•r.•xl-...^r�r•f�2;s�o-w�
(a) ror the purpose of interim or permanent
financinq 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 thoreof: to the City, may
encumber by mortgage, dead of trust, assicsnmant or other appr riato
instrument, Lesson's interest in the lensed premises and in d
to this Lease, provided such encumbrance pertains only to s h
leasehold interest and does not pertain to or create any i crest
in City's title to the leaned promises. If such mortgage dead.
of trust, or assignment shall be hold by a bank or other estab-
lishad lending or financial institution (which terms sh 11 include
an established insurance company and qualified pension or profit
sharing trust) and such institution shall acquire the Lessee's
interest in such Lease an a result of a tale under s id eneum-
branco pursuant to.a foreclosuro or.ot;her romedy of the secured
party, or -through any transfer in liou of foredo re, or through
settlomeni of or arising out of any ponding or c templated
foreclosure action, such lending institution sh 1 have the
privilege of transferring its interest in such are to a nominee
or a wholly owned subsidiary corporation with he prior consent
of the City, provided, however, such transfa eo shall assume all
of the covenants and conditions required to a performed by the
Lessee, whereupon such lending institution shall be relieved of
any further liability under such lease fr m any after such transfer.
Such lending institution or the nominee r wholly owned subsidiary
corporation to which it may have trans; trod such Lease, or any
other lending institution which may at any time acquire such
Lease, shall be relieved; of any furt r liability under such
Lease from and after a transfer of ch Lease.
(b) A leaseh d mortgages, beneficiary of a
deed of trust or security assign e, shall have and be subrogated
to any and all rights of the Le ee with respect to the curing of
Any default hereunder by Leese
(a) If a 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 c ntaining the name and post office
address of such holder, nd City shall thereafter give to such
holder a copy of each n tics of default by the Lessee at the same
time as any notice of efault shall be given by the City to the
Leases, and the City ill not thereafter accept any surrender or
enter into any mods cation of this Lease without the prior
written consent of a holder of any first mortgage, beneficial
interest undez a rot deed of trust, or security assignee, in
this Lease.
(d) If, by reason of any default of the
Lessee, eithe this Lease or any extension thereof shall be
terminated a the elections of the City prior to the stated ex-
piration th efor, the City will enter into a now Lease with the
leasehold rtgagee for the remainder of the term, effective as
of the da a of such termination, at the rent and additional rent,
and on t e terms herein contained, subject to the following
conditi not
(1) Such mortgagee, beneficiary or
/sunew
y assignee, shall make written request to the City for
Lease within twenty (20) days after the date of such
tion and such written request shall be accompanied by a
to the City of all sums thon.due to the City under this
LEASE - Page S
Revised 3/30/79
INITI
LESSEES
... LESSO.is
1
• .J✓A•.ar..tW.a::y.+�'ic•Jif,rinY.'s .. • .. ..i.... a
V
security assignce, shall pay to the City, at the time of the
execution and delivery of• such new lease, any and all Sums e
thereundur in addition to those which would at the time o the
execution and delivery thereat bo due under this Lonses ut for
such termination and in addition thereto, any reasona a expenses,
including legal and attorneys' fees, to which the y shall have
boon nubjeeted by reason of such default. !
(3) Such mortgagee enefieiary or
security assignee shall, on or before the ucution and delivery
of such now Leaso, perform all the other onditions required to
be performed by the Lessee to the exto that the Lessee shall
have failed to perform such conditio 1
(a) If a to ing institution or its nominee
or wholly otnted subsidiary eor ratioh,shall hold a mortgage,
deed of trust, or similar se rity interest in and to this Lease
and shall'thereaftor acqu e a leasehold estate, derived either
from such instrumehts or rom the City, and if such institution,
nominee, or corporati shall desire to assign this Lease or any
new Lease obtained om the City (other than to a nominee or to a
wholly owned subs ary corporation as permitted by the above
provisions) to assignee who will undertake to perform and
observe the c ditione in such Lease required to be performed by
the Lossee, a City shall not unreasonably withhold its consent
to such a ignmant and assumption, and any such lending insti-
tution, ominee, or subsidiary shall be relieved of any further
liabi ty under such Leaso from and after such assignment. If the
pro sad assignor shall1assert that the City in unreasonably
w hholding its consent to any such proposed assignment, such t_u<
to the contrary, in order to aid the Lessee in the finanein
the improvements to be situated herein, City agrees tha the
event the proposed mortgagee, beneficiary or securi ssignee
under any interim or permanent loan on the secu of the lease-
hold interest of the Lessee and the improv s to be situated
thereon so requires, the City wiWng,
k reasonable effort to
amend this Lease in order to satsuch requirements upon the
express condition and underst however,that such variance
in language will not mate y prejudice the City's rights i
hereunder nor be sus to alter in any way the rental obliga-
tions of the Les ereunder nor its obligations to comply with
all existin s and regulations of the City relating to the
leasing airport lands, and to all applicable Federal statutes,
rut ,and regulations, and all covenants and conditions of the
35. COMPLIANCE WITH LAWSt Lessee shall comply
with all applicable o-, ordinances, and regulations of public
authorities now or hereafter in any manner affecting the leased
premises or the sidewalks, alleys, streets, and way adjacent
thereto or any buildings, structures, fixtures and improvements
or the use thereof, whether or not any such laws, ordinances and
regulations which may be hereafter enacted involve a change of
policy on the part of the governmental body enacting the same.
Leases agrees to hold City financially harmlesst
(a) From the consequences of any violation
of such laws, ordinances and/or rogulationss and
(b) From all claims for damages on account
of injuries, death, or property damage resulting from such
violation. Lossee further agrees it will not permit any unlawful
occupation, bucinesa or trade to be conducted on said premises or
any use to be made thereof contrary to any law, ordinance or
regulation as aforesaid with respect thereto.
LEASE - Page 9 INITIALS
Revised 3/30/79 LESSEES
• . ' LESSORS
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36. CArr, OP PRUMTSC:s Lessee, at its own cost
and ext,unso, shall all improvements
which at any time durinu the term of this Lease may be situated {
thereon, and any and all ippurtunanuos thoreunto belonging, in
good condition and repair during the entire term of this Lease.
37. LES4 NI S ORLICATIO4 TO IMMOVE MEN5 i Lessee
will not permit any ens in�' c udiriq; bbuC not liinTee�l l o, mechan-
ics', laborers', or materialmon's lions obtainable or available
under the then existing laws, to stand against the leased premises
or improvements for any labor or mitorial 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 boon performed on said
premises or improvements by or at the direction or sufference of
Lessee, provided, however, Lessee shall have the right to provide
a bond as contemplated by Alaska lair and cohost the validity or
amount of any such lion or claimed lion., On final determination
of such lion -or such claim for lien, Lessee will immediately pay
any judgment rendered with all 'proper costs and charges and shall
have such lien r-elcAsed^or.judgment -satibfied at Lessee's .own •'.
expense.
or any part thereof shall be condemned and taken for a pub r
a quasi -public use, then upon payment of any award o pensation
arising from such condemnation, there shall b division of
the proceeds, such abatement in rent pa during the term or
any extension of the term hereof such other adjustments as
the parties may agree upon ng just and equitable under all
the circumstances. I City and Lessee are unable to agree
wi�thirtyys after such an artarfl has beenpaid nto
Cosion, annual abatement in rent, and other
adand equitable, the dispute shall be deter-
39. ARBITRATION:
(a) In the event the parties shall be unable
to agree as to any matter provided for in this Lease such dispute
shall be determined by three (3) disinterested arbitrators, one
of them shall be chosen by each 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 deleeted by it, and five (5)
days after giving of such notice the other party shall select its
arbitrator and in the event the two arbitrators chosen shall
fail, within fifteen (15) days after their selection, to agree
upon the third, then the Superior Court of the State of Alaska
shall, on request of the party not in default, or upon the
request of either party if -neither is in default, appoint within
fifteen (15) days after such request, an arbitrator, or arbit-
rators, to gill 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 (a), the Uniform Arbitration Law of
Alaska shall govern the arbitration(s) contemplated heroin.
40. SURRENDEtts At the expiration of the term
fixed or any sooner term sat on of the Lease, the Lessee will
peaceably
aceably and quietly quit and surrender the promises to the
Y•
LEASE - Pa yye 10 INITIALS
Revised 3/30/79 LESSEEc,.
r,
41. PROTECTI0:7 Or SUBTENANTS: To protect the
position of any subtenant(e) hdrudter properly obtaining any
interosts in the leasehold
estate granted Lessee hereunder, City
agrees that in the event of the cancellation, tormination, ex-
piration or surrender of this Lease (the ground lease), the City
will accept the Subtenant, its successors and assigns, as its
lessee for
a period equal to the full elapsed portion of the term '•
of the sublease, including any extensions or renewals thereof not
exceeding the term of this Lease, upon the same covenants and
conditions therein contained, to the extent that said
covenants
and conditions are not inconsistent with any of the terms and
conditions of this Lease, provided such subtenant shall make full
and complete attornment to the City for the balance of the term
of such sublease so as to establish direct privity of estate and
contract botAaen the City and the subtenant with -the same force
and effect as though such sublease was originally made directly
between the%City and such subtonanti and further provided such
subtenant agrees to bomply 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 is
estate subject, except the
payment of rent under the ground Lease and the payment of any
debt service under any such mortgage, deed of trust or security
assignment.
42.' SUCCESSORS iN INTEREStT: This Lease shall be
binding upon and sha 1 nure to t e bene of the respective
---
successors and assigns of the parties hereto, subject to such
'
specific limitations or assignment as are provided for herein.
;;s»hs:r:�Kr�seaW1
43. GOVERNING LAW: This indenture of Lease shall
be governed in all respects by the laws of the State of Alaska.
44. NOTICES:
(a) Any notices required by this Lease shall
be in writing and shall be deemed to be duly given only if deliv-
ered personally or mailed by certified or registered mail in a
prepaid envelope addressed to the parties at the address set
forth in the opening paragraph of this lease unless such address
has been changed pursuant to sub -paragraph (b) hereafter, and in
that case to the most recent address so changed.
by registered or certified mail, to any 1 er (mortgagee,
beneficiary of a deed of y assignee) who shall have
given the o such mortgage, deed of trust or security
(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.
•- nrd-ere n9R4�fii1F;RB AR-fit-H FB$BBR al life
event of cancellation or forfeiture of a lease or e
holder o£ a properly recorded trust, conditional
�mort
assignment or collator will have theoption to
acquire or the unexterm thereof, subject to the
46. ENTRY AND RE-ENTRY: In the event that the
Lease should be term Hato as here n efore provided, or by summary
proceedings or otherwise, or in the event that the demised lands
LEASE - Page 11 INITIALS
REVISED 1/21/80 LESSEE
_
LESSOR s f_rsri
-. -
or any part thereot ulrould I,e abandOOLd by the Lennee luring thcl
said term, the lm!: nor or it.,; agonts, nervantu, or ropresentativess
may, immediately or any tlaw thereafter, cc -enter and rauumo pou- A"
session of uaid lands or nuch part thoroof, and remove all pnruona
and proporLy therefrom, cithor by rununary proceedings or by a
suitable action or proceeding at law without beinq liable for any
damagcs therofor. No ro-entry by the Looser shall be deemed an
acceptance of a uurronder of the Lensc.
47. F0Rria,run OF IMITALs In the event that the
Lease should be terminnu"tod becauso of any broach by the Lessee,
as herein provided, the rental payment lant made by the, Lessee
shall be forfeited and retained by the Lessor as partial or total
liquidated damages for said breach.
49. NRYTTMI WAIVER: The receipt of rent by the
Lessor with know]cdao of any breach of the Lease by the Lessee,
or any dofal{lt on the part of the Losuee in observance or performance
of any of ,the conditions or convenanta of the Lease, shall not be
deemed to be a waiver of any provisions of the Lease. No failure
on the part of tho Lessor to enforce any.covenant or provision
therein contained, nor any waiver of any right thereunder by the
Lessor, unless in writing, shall discharge or invalidate such
covenants or provisions, or affect the right of the Lesser to
enforce the same in the event of any subsequent broach or default.
The receipt, by the Lessor, of any rent or any other sum of 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 erfieaey 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..
49. EXPIRATION OF LEAS£i Unless the Lease
renewed or sooner term Nato as provided herein, the Lessee shall e-'
peaceably and quietly leave, surrender and yield up unto the
Lessor all of the leased land on or before the last day of the
term of the Lease.
50. BUILDING AND ZONING CODESI Leased lands
shall be utilized in accordance with the building and zoning
ordinances and rules and regulations of said authority. Failure
to do so shall constitute a default.
51. FIRE PROTECTION: The Lessee will take all
reasonable precaution to prevent and take all necessary action to
suppress destructive or uncontrolled fires
and comply with all laws, regulations and rules
promulgated and enforced by the City, for fire protection within
the area wherein the leased premises are located.
en nnn.•.• ..nr nn uw...nnsw.a- ..♦ �a�. _-
gas• and other minerals and all deposits of atone or
.+.w,w..h++•.s,•�r,,,xs»;cri:,,,.,r�u�,.� valuable for extraction or utilisation and all
ais eubjeat
to Title II, Division I, Chd0ters 4, 5 an the Alaska Adminis-
trative Code are excepted from the on of a surface Lease.
Specifically, tho Lessee of t rface rights shall not sell or
remove for use elsswher timber, stone, gravel, peat moss,
topsoil, or any o meter al valuable for building or com-
maraial pu ss provided, however, that material required for
the opment of the leasehold may be used if its use is first
53. CAN
CELLATION: NCELLATION: Lasses in good standing
may be cancelled in w o.e or in part at any time upon mutual
written agreement by Lessee and the City Council.
LEASE - Page 12 INITIALS ,..
REVISED 3/30/79 LESSEE
LESSORI
�r*Ss'��s1�11`Y`,r'.�!•` ��..t.'::yc:.:t:li!'Y ai:3%✓.t: .... • _ ._ .��w
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54. UNLAWFIM fISF. 'ROHIDI:M Lessee shall not
allow the loasehold promtaes to ne used for an unlawful purpose.
55. APPROVAL QF aTItER AgTHORITIESs The issuance
by tho City of Loans, loos not rniLava the Lessee of responas.bil-
ity of obtaining licenses or permLts as may be required by duly
authorizad Borough, State or Fedoral aganesos.
56. REASSIG.L4EttT/RCLOCl1TIOt7: Should it be neces-
awry to ro-assign Lasaoe to o dttcerent area of the airport
terminal, the parties agree as follows: At least thirty (30) days
written notice, in advance of such reassignment, shall be provided +
to Lessee. The costs of relocation, including the costa of
mov:nq and settinq up counter and related facilities, nhall be
borna by the airport torminal and may, upon the agreement of the
parties, be sUbtracted from the monthly rant duo by Lessee to the
Aibport toonnal. Should reassignment and relocation be necessary,
Lessee shall be provXdod and afforded aquivalent space, in terms
of both area and locltion, as that which it prosentl ccupies, to
the extent found feasible by the Airport Operations manager
IN WITNESS WHEREOF, the parties hereto aVe here-
unto set their hands, the day and year stated in the individual
acknowledgments below.
LESSOR:
CITY OF KE.tAI
Sys
i LESSEE:
(If Lessee is a corporation)
Anad:
1_
F_. t e.
STATE OF ALASKA )
)ss
THIRD JUDICIAf. DISTRICT )
Before me, the undersigned, a Notary public in and for the
State of Alaska, on this day personally appeared WILLIAM J.
BRIGHTON, City Manager of the City of Kenai, known to be the
person who executed the above Lease and acknowledged that he had
i the authority to sign the some, for the purposes stated therein.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of
Notary Fu 1 c in for Alaska
My Commission Expirost
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LEASE - Page 17 INITI
REVISED S/19/80 LESSEts ..
LESSOMAM-
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I--I-w.curser:��at�+wrc.�.::r.;.As
CORPORATION ACKNOWLEDGMENT
STATE OF ALASKA )
)ss
THIRD JUDICIAL DISTRICT )
Before me, the undorsigned. a Notary Public in and for the '
tato of Alaska, on this day personally appeared
and known to me to e t e
— persons and officers whose names are subscribed to the foregoing f
Lease, Soho be i q duly sworn, did say that they are the President ,
andf%� cw.respectively, Of
Company, a corporation, and acknowlodgod to me't at tfey executed
said Loacc as their free act and doed in their said capacities, s
and the free act and deed of said corporation, for the purposes
stated therein.
GIVEN UNDER MX HAND AND SEAL OF OFFICE, this /-I daylof �
, 19 Y, t) . "—
l�,_.
o ary Public n and cos AMU -�
NyCommission Expiross
INDIVIDUAL ACKNOWLEDGMENT(S)
It
STATE OF ALASKA
THIRD JUDICIAL DISTRICT ;8s
On this day of , 19 , before me personally
appeared — , known to be the person who
executed teabove Lease and as now edged that he (she) had the
authority to sign the same, for the purposes stated therein.
Notary Public in and for Alaska
My Commission Expircas
ACKNOWLEDGMENT FOR HUSBAND AND WIFE
w
STATE OF ALASKA {
)ss
THIRD JUDICIAL DISTRICT ) i
I
Before me, the undersigned, a Notary Public in and for the
State of Alaska, on this day personally appeared _
and , husband
both known to the persons whose names are subscribed to the
foregoing Lease, and acknowledged to me that they executed the
` same as their free and voluntary act and deed, and for the purposes
and considerations therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of
. 19_. r
Notary Public in and for A aska
My Commission Expireet d
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LEASE - Fage 14 INITIALS
REVISED 11/13/79 LESSEE&
LESSORt
Approved as to Lease form by City Attorney
(Initials) i
Approved by Pinanco Director �u
In t a s k
T
Approved by City Manager ►- M
In a al
LEASE APPROVED 0Y City Council this _ day of , 19,
i
City Clerk
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:1 ' � '7it�F7as:f�,P.•S.Y7^ff�YL�:4� J
_ f
R
LEASE - Page 15
REVISED 11/13/79
Mr
INITIALS. 'it
1) LESSEE s �'
LESSORS
r.
DNrGD:•July 19, 1979
19
I I- I LUUL
I
ROOM No. Current Use
NOT TO SCALE
1-6
Lounge and Cafe
7
Janitor's Room
8
FAA Equipment Room
9
FAA Office Space
10
Tesoro Office Space
11
Fan Room
12
Boiler Room
13
Men's Restroom
_
e' 1.4
Women's Restroom
r
Room No. Current Use
6
Pnllar Rent-A-Car
15
Hertz Counter
17
KAS Counter
18
AAI Ticket Counter
19
AAI Office Space
20,21,22,27
City of Kenai Offices
'
23
AAI Freight Counter
24
AAI Freight Office
25,30
Cargo Area
28
unter
Avis Couyfng
29
Andj`tFliA tion
�er
31
Raven Transit
32
n
LEASE OF BUILDING 6 GROUNDS
This AGREEMENT. entered into this _ day of June, 1980, by and
between the CITY OF KENAI. P.O. Box 580. nai, Alaska 99611, a home -
rule municipal corporation of Alaska, hereinafter called "City", and the
Kenai Historical Society. inc.. P.O. Box 1348, Kenai, Alaska 99611, a
non-profit corporation of the State of Alaska, hereinafter called "Lessee".
That the City, in consideration of the payments of the rents and
the performance of all the covenants herein contained by the Lessee, does
hereby tease to the Lessee the building located on Lot 3. Block 17. of the
Original Townsite of Kenai, Kenai Recording District, which formerly housed
the Kenai Community Library, along with the grounds beneath such building
and so Ach of those grounds immediately adjacent to such building as will
provide ingress and egress to and from such building and access to all
portions of the exterior of the building for purposes of repair and
maintenance.
1. The term of this lease is for one (1) year, commencing on the
16th day of May, 1930. This lease shall continue after May 15. 1981,
as a tenancy at will, subject to cancellation by either party on 30 days
written notice to the other at the address set forth above except that
if either party gives the other a written notice of change of address, any
notices thereafter will be given at the latest address so noticed.
2. Rent under this lease from May 16, 1980, until cancellation
shall be $1.00 payable within 20 days after execution hereof.
3. Lessee covenants to maintain the premises in good repair and to
comply with all applicable building, fire, health and safety or other
applicable codes, ordinances or regulations.
4. City agrees that it will maintain insurance coverage on the
demised building in such kind and amount as the City shall deem necessary
or advisable. Any coverage necessary for contents of the building will be
arranged and paid for by Lessee or shall be by special agreement with City.
S. Lessee agrees that it shall pay fuel costs, utilities, and
services necessary to property beat and service the demised building,
including but not limited to oaa. electricity, water and sewer, telephone,
refuse collection and janitorial services.
6. The purpose for which this lease is made is as follows:
Community activities, including meetings and special
events of Lessee and other non-profit organizations
7. Lessee at its sole discretion may allow sublease or use of the
building by other non-profit organizations for the conduct of community
,.activities for periods of time not to exceed 48 hours.
S. Use of the demised eremises for any purposes other than those
set out in paragraphs 6 and , above, including subleases for more than 48
hours, shalt be made only with the written pennission of the Council of the
' City of Kenai.
9. Rates for use of the demised building by other groups as determined
by Lessee, excepting reasonable charges for janitorial services and maintenance.
shall require the approval of the Council of the City of Kenai.
10. Lessee covenants that it wilt not conduct or allow to be conducted
any activity or operation on the demised premises which will not be in
compliance with the Kenai Municipal Zoning Code, Chapter 21.76 of the Kenai
Peninsula Borough Code of Ordinances.
1
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'1 — - -
yr'
11. Lessee shall make no structural alterations to the demised
building without prior written consent of the City.
12. Lessee may not assign its interest in this lease.
13. Lessee may not refuse, withhold from, or deny to any person any
services, goods, facilities, advantages or privileges because of sex,
marital status. changes in marital status, pregnancy.parenthood, race,
religion, color or national origin nor may Lessee publish, circulate. issue,
display, post or mail a written or printed communication, notice or
advertisement which states or implies that any services. goods. facilities,
advantages or privileges will be refused, withheld from or denied to any
person because of sex, marital status. changes in marital status, pregnancy,
parenthood, race, religion, color or national origin.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands,
the day Snd year stated in the individual acknowledgments below.
LESSOR:
CITY OF KENAI
By:
W. J. Brighton, City Manager
LESSEE:
KENAI HISTORICAL SOCIETY, INC.
By:
Title:
STATE OF ALASKA
ss
THIRD JUDICIAL DISTRICT
Before me. the undersigned. a Notary Public in and for the State of Alaska,
on this day personally appeared WILLIAM J. BRIGHTON. City Manager of the City
of Kenai. known to be the person who executed the above Lease and acknowledged
that he had the authority to sign the same, for the purposes stated therein.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of
. 19
Notary u c In an or Alaska
1 My Commission Expires:
I
i
I
STATE OF ALASKA
ss
THIRD JUDICIAL DISTRICT
Before me, the undersigned, a Notary Public in and for the State of Alaska, j
on this day personally appeared ROGER MEEKS, President, Kenai Historical
Society. Inc., known to be the person who executed the above Lease and
acknowledged that he had the authority to sign the same. for the purposes
stated therein.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this I.Day ofy
19
iWERF-Public I n an or Alaska
My Commission Expires: /.-!--/! -�i'�
LEASE. Page Two j
n
It
MEMO
CITY OF KENAI
_ I.O. SOX $80 KENAI, ALAWA 11311
w TIII/NONE 9E3 • 7530
TO: HONORABLE MAYOR & CITY COUNCIL
FROMs BEN T. DELAHAY, CITY ATTORNEY
• RE: AMENDMENT TO "GATE 54" LEASE
DATE: JUNE 10, 1980
Submitted herewith is a proposed assignment to Cook Inlet
Enterprises, Inc., a corporation being formed by current
lessees and the amendment proposed by the City Council to
the lease of the area in the Airport Terminal Building
presently operated as "Gate 54."
I believe this lease as submitted by Mr. Vittone, attorney
for Mr. Anderson and Mr. Kochanuski, follows the counter-
proposal made by the City Council to Lessee on their request
for the flat rental and transfer of liquor license. I have
redrafted the second page of the Amendment for additional
clarity.
The Finance Director has brought to my attention that the
original Lease in subparagraph (e) of paragragh 1 required
the Lessee to furnish the City each year with a complete
audit made and certified to by a recognized firm of certified
public accountants this would appear to be an unnecessary
expense as a routine annual matter since they would be
supplying us with copies of their U.S. Income Tax returns
which are filed under the penalties of perjury. In order to
avoid such a routine expense, subparagraph (e) has been
amended by prefacing the wording therein by the words "if
requested,". Thus if the City feels that the income tax
returns are not an accurate portrayal of the gross receipts,
the City can request such an audit, but it would not have to
be done routinely. The last sentence of that subparagraph
also gives the City the right to audit Lessee's books if the
City wished to make a direct check.
M
F
` MEMO
f
June 10, 1980
Page 2
i believe this Amendment as redrafted complies with the
intent expressed by the,Council, and I therefore recommend
its approval.
I
Ben T. Delahay
BTD/md
ENCLOSURE
'•
zi
C
ASSICNMCNT OF LEASE
I
FOR VALUE RECEIVED, JOSPEH W. ANDERSON and
w
RICHARD F. KOCHANUSKI of Kenai, Alaska, the Vendor in
the contract to the below referenced assignees do here-
by assign to Cook Inlet Enterprises, Inc. all right title
and interest in, to and under the lease between Aviation i
= Consultants, Inc. and the City of Kenai dated October 6,
1977 and recorded in Book 117, Page 617, in the Kenai Re-
cording District and the Amendment thereof dated January
4, 1979 recorded in Book 138, Page 382 in the Kenai
I
Recording District.
I
ByRithard
xi.u,arrn
F. Kcfchanuswr
By
eW. An arson
CORPORATION ACKNOWLEDGEMENT
I
1
. -
STATE OF ALASKA )
THIRD JUDICIAL DISTRICT }
THIS IS TO CERTIFY that on this lad day of
1980 before me, the undersigned Notary Public in
!
ed or the State of Alaska, personally appeared JOSEPH
W. ANDERSON and RICHARD F. KOCHANUSKI, known to me to be
the persons whose names are subscribed to the foregoing
-
Assignment of Lease, who being duly sworn, acknowledged
.
to me that they executed said Assignment of Lease as their
'__
free act and deed, for the purposes stated therein.
IN WITNESS HEREOF, I have hereunto set my hand
and seal the day and year first hereinabove written.
Notar Public in f or Xf aska
My Commission Exp4resr='ti.j0 &?
I
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AMENDMENT TO
LEASE OF AIRPORT LANDS OR FACILITIES
This AGREEMENT entered into this day
of , 1980, by and between the CITY OF KENAI,
hereinafter called "City" and Cook Inlet Enterprises, Inc.,
hereinafter called the "Lessee".
D WHEREAS, on October 6, 1977 the City entered
into a lease with Aviation Consultants, Inc. for Rooms
1,2,3,4,5, and 6 - Terminal Building Kenai Municipal
Airport, Kenai, Alaska and subsequently on January 4,
1979 said lease was amended and approved by the City
and said Amendment recorded in Book 138, page 383, Kenai
Recording DisXrict and further on June 29, 1979 the
assignment of said lease to Joseph W. Anderson and
Richard F. Kochanuski was approved by the City of Kenai
and recorded in Book 145, page 184, Kenai Recording r'
District. _
WHEREAS, Joseph W. Anderson and Richard F.
Kochanuski have incorporated their business under the
name of Cook Inlet Enterprises, Inc., they now petition
the City to approve the below prepared Amendments to
the suject lease as well as approve the assignment of
said amended lease from Joseph W. Anderson and Richard
F. Kochanuski to Cook Inlet Enterprises, Inc.
NOW THEREFORE, the parties hereto agree that
the lease dated October 6, 1977 and recorded at Book 117,
Page 617, Kenai Recording District and Amendment dated
January 4, 1979 recorded at Book 138, Pare 383 between
Aviation Consultants, Inc. and the City of Kenai and
subsequently assigned to Joseph W. Anderson and Richard
F. Nochanusk i r r.: Z.1. 11179 and recorded at Book 145,
Page 184, Kenai Recording District is hereby amended to
r
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I E :x_sv iw..r._gCY�t^.s+e�n•�.++.-•[srr
read as follows:
1. The section titled PAYMENT, beginning on Page 1 of
the lease, is amended by striking subparagraphs (c) and (d)
as they are no longer appropriate under the terms of this
amendment, by amending subparagraph (e) by prefacing the
wording thereof with the words "if requested," and by rewriting
subparagraphs (a) and (b) to read as followss
(a) Starting July 1, 1980 and continuing thereafter
until Jdne 30, 1981, Lessee shall pay a base rental of
$3,200.00 per month, such payment shall be made in advance
on or before the lot day of each month.
(b) The Lessee will furnish the City of Kenai a copy
of its income tax return by April 15 of each year covering
the proceeding year's business. The new rent, beginning on
July lot following the furnishing of said income tax return,
will equal the rent payable immediately prior thereto with
a percentage increase or decrease to reflect the percent of
increase or decrease of the gross income for the prior year,
ae shown by said income tax return, from that of the year
previous to the prior year. Thus the rental beginning July
1, 1981, would be the June, 1981, rental with a percentage
adjustment proportional to the 1980 gross receipts change
from the 1979 gross receipts, and the rental adjustment for
each subsequent year would be proportionate to the increase
or decrease in gross receipts of the prior year from its
previous base year.
2. Lessee agrees to petition the ABC Board to remove
the City from the liquor license based on the change of
payment froma percent of gross receipts to fiat rental
adjusted annually as above provided.
3. The Lessee acknowledges that the liquor license
belongs to the terminal and lessee further agrees to cooperate
in assignment of the license in the event of any type of
termination of their lease and further Lessee agrees to pay
City liquidated damages in the amount of the then current
rental payments for any period of time that assignment of
the lease would be delayed because of their failure to
cooperate.
a �
Leanee'a petition for assignment of lease is attached
hereto and incorporated herein by reference.
The City approves Lessee's amendment request and
Lessee's request for assignment of the amended lease to
to Cook Inlet Enterprises, Inc.
In witness thereof, the parties have executed their
= amendment and requested assignment.
LESSEE:
0 E R W. ANDERSON
HARD F. KOCHANUSKY
For COOK INLET ENTERPRISES, INC.
HY
'
I HARD F. KOCHA U KI
PRESIDENT
0B61
OSEPH W. ANDERSON
SECRETARY - TREASURER
STATE OF ALASKA )
88.
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this " day of .
1980, before me, the undersigned Notary Public an or
the State of Alaska, personally appeared RICHARD P. KOCHAN-
USKI and JOSEPH W. ANDERSON, known to me to be the persons
named in the foregoing instrument and acknowledged to me
that they executed the some freely and voluntarily, for
the uses and purposes therein contained.
IN WITNESS HEREOF, I have hereunto set my hand and seal
the day and year first hereinabove written.
Notarp, Pub, Ic n an u A as
My Commission Expires p��.
3 /r
�:inriirfir
CORPORATION ACKNOWLEDGEMENT
STATE OF ALASKA )
) ss.
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this lt[1.L<— day of �.
1980, before me. the undersigned Notary Public and or
the State of Alaska, personally appeared RICHAR F. KOCHAN-
USKI and JOSEPH W. ANDERSON known to me to be the persons
and officers whose names are subscribed to the foregoing
Lease, who being duly sworn, did say that they are the
President and secretary - Treasurer, respectively, of
Cook Inlet Enterprises, Inc., a corporation, and ack-
nowledged to me that they executed said Lease as their
free act and deed in their said capacities, and the free ;
act and deed of said corporation, for the purposes stated
therein. i
IN WITNESS HEREOF, I have hereunto set my hand and seal the i
day and year first hereinabove written.
I
of r u c n an�or'-1aa a
My Co ission Expiress /f1
CITY OF KENAI
By III
City Manager
i
STATE OF ALASKA )
Be.
THIRD JUDICIAL DISTRICT )
On this day of , 1980, before me
personally appeared - , City Manager
of Kenai, known to be t� a person wHo executed the above Lease,
and acknowledged that he had the authority to sign, for
the purpose stated therein. ,
otary Public in an or Alaska
My commission Expires:
i
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APPROVED by the City of Kenai, Alaska.
�I I
J ITY MANAGER
Notary Public In and for Alaska
My Commission Expiresr
i
� � y:l. �-s�:w.3.:::s'.GwiiYS.1::-;r^.:�G:•1ni+t^..M
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I
dr.
I '
I t
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1'•IFNIriig\T •rtt f.t:.1ti1'
Tlwl curtain tense between the c71ty of Sonai and Ronald Swanson dba
Ron's Rent -All Sales & Servicelated May 1. 1976 ,
and recorded at Rook 95 , Page 272 , is hereby
r
amended to roflect that pursuant to Paragraph 10
of such tense, the lonsc rate has been renegotiated for
i
I
Lot 7. Block S. General Aviation Apron
by the parties and is now and shnll be c 1,749.75 nor yenr
for the period beginning September 1 , 19 80 and ending
June 30 ,Ig 85
CITY OF NRNAI
Brighton
STATE OF ALASKA ) i
THIRD JUDICIAL DISTRICT )
On this day of . 19 . before me
personally appeared , known to be the
person who exeouted the above Lease, and acknowledged that he (she) had
the authority to sign, for the purpose stated therein.
NOTARY PUBLIC FOR ALASKA
My Commission Expires
]LESSEE
Ronald Swanson. Ron's Rent -All Sales b Service
6ram,
STATE OF ALASKA )
as.
THIRD JUDICIAL DISTRICT )
On this ' al of . 19 , before me
personally appeared , known to be the
person who executed the above Lease and acknowledged that he (she) had
the authority to sign the same, for the purposes stated therein.
MITARY PtYBLIC FOR ALASKA
Mt Commission Expires 4�3
AMENDMENT TO LEASE
That certain lease between the City of Kenai and Konstantinos
Dimitrios Macheras 0 dated Nov. 3. 1975
and recorded at Book 94 , Page 359 . and further assigned to
Charles & Roberta Crabaugh
. by Assignment dated
May 27, 1977
is hereby amended to rofloct that oer-
suant to Paragraph 10 , of such lease, the lease rate has
been renegntiated for
Lot IA. Deshka Subdivision
by th-a pirttog and 1x now •rnd shAt be s 3,789.76 nor year
for the peri•3d beRinnin►t September 1 . 19 80 , and endinr
June 30 . !8 85
CITY nF VRNAi
Lim. J. Brighton, City Manager
STATE OF ALASKA )
as.
THIRD JUDICIAL DISTRICT )
On this day of . 19 , before me
personally appeared , known to be the
person who exeouted the above Lease. and acknowtadged that he (she) had
the authority to sign. for the purpose stated therein.
NOTARY PUBLIC FOR ALASKA
t bly Commission Expires
l "
LESSER.
y Cha es & Roberta Crabaug
r
STATE OF ALASKA )
) ns.
THIRD JUDICIAL DISTRICT )
On this dayof���--��r- 1990 . before me
personally appear d JR& F8i6.teBlt .known to be the
person who executed the above Lease and neknowl dged that he (she) had
the authority to sign the some. for the purposes stated therein.
�� {\-.9110TARY PUBLIC FOR ALASKA
MY Commission F.xpiees �
i
� � •yg®,., 1ia.�.AVJ
. ,
AMENDMENT TO LEASE
That certain lease between the City of Kenai and Associated Divers b
Contractors Inc. dated Jung i. 1966 , and recorded at Book 26L_9
Page 112 , and assigned to jleluaa Development Corportation by
Assignment dated July 8, 1969 , and further assigned to First
National Bank of Anch. for security, is hereby amended to reflect that
persuant to Paragraph 10 , of such lease, the lease rate has been
renegotiated for
Lot 13. Block 1, Cook Inlet Industrial Air Park
by the parties and is now and shall be $ j,e71.25 per year for the period
beginning duty 1 , 19_,gp_, and ending .tune 30
CITY OF KENAI
STATE OF ALASKA ) Wo• J. Brighton, City Manager
ss.
THIRD JUDICIAL DISTRICT )
On this day of , 19 , before me personally appeared
known to be the person who executed the
above Lease, and acknowledged the he (she) had the authority to sign, for
the purpose stated therein.
ALASKANOTARY PUBLIC FOR
My Commission Expires
LESSEE
UGA OEV OPME CC —OR TION, INC.
STATE OF ALASKA
) Milton L. Donner, President
ss.
THIRD JUDICIAL DISTRICT
3
On this day of
r 19_ before me personally
appeared 4� „� _ ..
cnown to —befit the person who executed
the above Lease an ac owe ge
at he (she) had the authority to sign
the same, for the purposes stated therein.
!.� 11:11��•:
My Commission ExpiresOOF
;r
''' •'' ` �`• '
SECURITY ASSIGNEE
FIRST NATIONAL BANK OF ANCHORAGE
Linda J. Long, Ase W caebiec
STATE OF ALASKA
ss. .
THIRD JUDICIAL DISTRICT
On this 2Dp_ day of �, 19 eo , before me personally
appeared �.y��_.._, known to e the person who executed
i r the above Lease and acknow e1 dged that 3g (she) had the authority to sign
the same, for the purposes stated therein.
CNOTARY MOLLE FOR ALRVA
~A My Commissior Expires / •�/_-A,�
i
� ��( •:h�iN„ar►CT,xe)!.' z¢•r.s.giAFMdN�MiarreY
AMENDMENT TO LEASE
That certain lease between the City of Kenai and Associated Divers A
Contractors, inct dated June 1, 1966 , and recorded at Book 25 •
Page 92 , and assigned to Beluga Development Corporation by
Assignment dated July B. 1969 , and further assigned to First
National Bank of Anch. for security, is hereby amended to reflect that
persuant to Paragraph 10 of such lease, the lease rate has been
renegotiated for
Lot 6, Block 1, Cook Inlet Industrial Air Park
by the parties and is now and shall be $2025.00 per year for the period
beginning July 1 19 80 , and ending June 30 lg 85
CITY OF KENAI
STATE OF ALASKA "righton, Uty Hager
THIRD JUDICIAL DISTRICT
On this day of , 19 , before me personally appeared
—T, mown to-6-the person who executed the
above Lease, and acknowledgedtat he (she) had the authority to sign, for
the purpose stated therein.
NOTARY
Mmissi0PUBLIC FORExpALASKA
L�SSEE
LUGA DEYELOPMENT C� TION, INC.
STATE OF ALASKA I
Milton L. Donner, President
THIRD JUDICIAL DISTRICT
On this �— day of , 19 C:) , before me personally
appeared r,: �,. 4 (,,...� nown to the person who executed
the above Lease an ac now ' g t at he (she) had the authority to sign
the same, for the purposes stated !herein.
+10;(" My Commission Expires ,,
+. SECURITY ASSIGNEE
FIRST NATIONAL BANK OF ANCHORAGE
STATE OF ALASKA Linda J. Loss, Ass•t Cashier
ss.
THIRD JUDICIAL DISTRICT 111
On this loth day of May 19 so , before me personally
appeared �jn , known to Fe the person who executed
the above eaL se and -ac `now edged that IM (she) had the authority to sign
the some. for the purposes stated therein.
• ��_L,tt_ R.cr�
NUTAKY PUBLIC
My Commission Expires &- a7/-i L-
J
AMENDMENT TO LEASE
That certain lease between the City of Kenai and Associated Divers 8
Contractors. Inc- dated June 1. 1966 , and recorded at Book 25
Page 121 , and assigned to Beluga Development Corporation by
Assignment dated July 8, 1969 , and further assigned to First
National Bank of Anch, for security, is hereby amended to reflect that
persuant to Paragraph 10 , of such lease, the lease rate has been
renegotiated for
Lot 6. Block 1. Cook Inlet Industrial Air Park
by the parties and is now and shall be S 29227,50 per year for the period
beginning July 1 19 80 , and ending June 30 4# lg 85
• CITY OF KENAI
STATE OF ALASKA ) Wm. J. Brighton, City Manager
? THIRD JUDICIAL DISTRICT 1 SS.
On this day of . 19 , before me personally appeared
known to be person who executed the
above Lease. and acknowledged he (she) had the authority to sign, for
the purpose stated therein,
PUBLICNOTARY
My Commission Expires
LESSEE
BELUGA DEVELOPMENT CORP TION, INC.
STATE OF ALASKA
)milson L. Donner, Presidenr
THIRD JUDICIAL DISTRICT
ii ss.
On this _40 da of
19 96 , before me personally
appeared �.A^
, known to—b L6e person who executed
the above lease and acknowledgedthat he (she) had the authority to sign
the same. for the purposes
stated therein.
•
�►A;;: ,
RVIARY PUBLIC FOR Cs�-�+-C,. Jf ALASKA'� �C
My Commission Expire h h!
.. '
SECURIU, ASSIGNEE
FIRST NATIONAL BANK OF ANCHORAGE
STATE OF ALASKA
Linda J. Long, AGAt Ceehiec
THIRD JUDICIAL DiSTRtCT
1
ss. .
On this 2n,,h day of m.X 19,$D,_. before me personally
appeared
the above Lease and acknowledged
. known to be the person who executed
th t qg (she) had the authority to sign
the same. for the purposes
stated therein.
NdTAY PU�f
My Commission Expires l • -?/-B L.
p
SPECIAL USE PERMIT
(Not to be used for a period of
time in excess of one year)
DATE
The CITY OF KENAI for the considerations and pursuant to the
conditions and requirements set forth below hereby grants to:
Company Name: Katmai Motel
Authorized Representative: Nancy Peck
Billing Address: Box 2840. Kenai, Alaska 99611
hereinafter sometimes referred to as the PERMITTEE(S) the right
to Operate a direct telephone line b display poster in the Kenai
Municipal Airport Terminal Building for the Katmai Motel
i
1. Term: This spoctal use permit shall commence on the
1st 'say' of July , 19 80 , and shall extend to
and through the ayi of June , 1981
2. Permit Fees: The Permittee(s), prior to the exercise
of any privilege granted pursuant to this permit, shall pay for
the use or privilege specified herein a fee as indicated below:
(a) A total fee of S 108.00 in full payment for
the use of privilege specified ere n.
Installments commencing on t e rst ay o t e tesm heieo the
amount of f and additional, subsequent ailments
In the amount Of 4 , payable
(e) A fee computed at the rate per
(d) In additio t e foregoing payments, fees and rents
specific d above ermittee(s) agrees to pay to the City
the 1si�' RL hte of Duty, try and occupancy is authorised as of
Y , 19 8O .
4. Place and Time of Payments: All payments shall be made on
or before the ate ue to t e ty Clark, City Administration
Building, Kenai. Alaska, or by mailing to the following address:
City of Kenai, Box $80, Kenai, Alaska 99611.
S. Use: The use by the Perdittee(s) of the premises described
above is 1TE'ted to the purposes specified heroin and is not intended
to grant any exclusive use to the described promises unless otherwise
provided above. This use is also subject to the reasonable adminis-
trative actions of the City of Kenai for the protection and maintenance
of the premises and of adjacent and contiguous lands or facilities.
Page One, SPECIAL USE PERPIIT
5�-':Cs�»>Y�d �it�i�`i i;�.cY.:; i.t-,k.'. ca'u."•. %
IIIII
�..w ....�....��•.. .- . . w .... '�....... ........�-r. �. . . •'�' ' Yam':'
ter.. ...�«�:...��•.�........�.� .:•. .�......
.•�r%'•.• •�
..,
6. lusurance: Pormittee(s) agrees to Savo the City harmless
from all aCtionz, ::oils, liabilities or cla`Iagcs re::ulting fium or
arising out of any Acts of commission oi• ou►ission by the Permittee(s),
his agents, employees, customers, invitees, or arising from or out
of tite Permittee(s)' occupation, or use of the premises demised,
or privileges granted, and to pay all costs connected therewith.
its agents and the Pormittee(s), such insurance to he evidenced by i
certificate of insurance showing the insurance in force. The aAwdnt i
of such public liability insurance shall have limits not le han
those known as
I(b)
Pormittoo(s) agrees to carry am er's liability insurance
and Workmen's Compensation insurance,.a Como a certificate
thereof to tho City. •
(c) Insurance contra providing Liability insurance and
Workmen's Compensation. 1 provide for not less than thirty (30)
days written notice tho City of cancellation or expiration or -
substantial cha in policy conditions and coverage.
Permittae(s) agrees that waiver of subrogation against
the ty shall be requested by Permittee(s)' insurer, and shall be
so NO eage to the eity.
7. Foroboaranco: Failure to insist upon a strict compliance
with the terms, con tions? and requiremonts herein contained, or
referred to, shall not constitute or be construed us a waiver or
relinquishment of the right to exercise such terms, conditions or
�srsE-s:::ar-zrn
requirements.
S. Regulations: The exercise of the use granted herein is at
all times to a su ect to the regulations governing the Kenai
Municipal Airport titled "Kenai Municipal Airport Regulations",
issued in 1976. By Parmittee(s)'acknowledges
signing this permit, the
that he has received a copy of said reguiations and has familiarized
himself therewith and will comply -with the requirements of said
regulations. .
9. Solicitations: Solicitation of donations or the promotion
or operation of any part or kind of business or commercial enterprise }
not contemplated by this Special Use Permit upon, in or above airport
;.
lands without the written consent of the City, is prohibited. j
10. Removal of Pro ert • Any or all personal or real property 1
placed or use upon an s or in facilities in violation of the
preceding prohibitions may be removed and/or impounded by the City
i
of Kenai, and when so removed and/or impounded, such property may be ;
redeemed by the owner thereof only upon the payment to -the City of
i
the costs of removal plus storage charges of $1.00 per day.
•11. Should it be necessary to re-asslgn pernNttee to a different area of
"the airport terminal. the parties agree as follows: At least thirty (30) days
-: written notice., in advance of such reassignment, shalt be provided to- pa mittee. ;
The'costs of relocation, including the costs of moving and setting up counter
-and related facilities,shall be borne by the airport terminal and may, upon the
..agreement of the parties, be subtracted from the monthly rent due by permittee
i
..:.-:.to the Airport terminal. Should reassignment and relocation be necessary, per-
mittee shalt be provided and afforded equivalent space. in terms of both area
!
and location. as that which it presently occupies.
CITY OF KENAI...-........,,;wncrrs.:.•�::..rn•a4su.
By
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of .
NOTARY PUBLIC FOR ALASKA ....,,4r....
Page 2, SPECIAL USE PERMIT My Commission Expires
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" ``--r«:r.:.` ,;ems : _' • = ':
GIVEN UNDER MY HAND AND SEAL OF OFI
My �
Page Three. SPECIAL USE PGRIJIT
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0 1
4' 11 - -
-K � _ �.— - r =_ — - T ice-- �•�
• •. s.•Mr.
-. I
SPECIAL USE PERMIT
(Not to be used for a period of
time in excess of one year)
DATE
The CITY OF KENAI for the considerations and pursuant to the
conditions and requirements set forth below hereby grants to:
Company Name: Kenai Air Alaska
Authorized Representative: Bud Loftstedt••
t Billi6g Address: Box 3921, Kenai, Alaska 99611
hereinafter sometimes referred to as the PERMITTEE(S) the right
to Operate a direct telephone line and display a poster in the Kenai
Municipal Airport Terminal Building for Kenai Air Alaska, Inc.
1. Term: This special use permit shall commence on the
st =ay of Jul, 1980 , and shall extend to
an t roue the :Lunn Gaya o une , 1981
2. Permit Fees: The Pe•rmittee(s), prior to the exercise
of any privilege granted pursuant to thhis permit, shall pay for
the use or privilege specified herein a fee as indicated below:
(a) A total fee of S 108.00•plus tax in full payment for
the use of privilege specif a ere n.
installments commencing on the firstday-oft e term her n the
amount of S and additional.subsequen staliments
In the amount o , payable
(c) A fee computed at the rat per
specified) abovedditioPermittoefsreaoreesptomeatsioftho City
rents
() g PY y
the 1st3. RIAhte foEntry:ulyntry and occupancy is authorized as of
Y . 19 80
4. Place and Time of Payme2
ts: All payments shall be made on
or before the date due to the Gity lerk, City Administration
Building, Kenai, Alaska, or by mailing to the following address:
City of Kenai, Box S80, Kenai, Alaska 99611.
S. Use: The use by the Peraiittee(s) of the premises described
above is limited to the purposes specified herein and is not intended
to grant any exclusive use to the described premises unless otherwise
provided above. This use is also subject to the reasonable adminis-
trative actions of the City of Kenai for the protection and maintenance
of the promises and of adjacent and contiguous lands or facilities.
Page One, SPECIAL USE PERMIT
fw,�ar�ra,��-.:*� s, tea:, -tom �..,.. ......._ .. ....... ..�. ..... _......_.._...., .......... :...:. ...� .. -
•� ___-_.� _. _...-�•-«.�, __��_y
__.
.�-
6. insurance: Permittee(::) agrees to Savo the City harmless
from all act,urr.:; ss�lts, liabilities or damages re::ultinrt from ur
arising: out of ally acts of commission oi• omission by ti►e Per•mittee(s)�
his agents, employees, customers, invitees, or arising from or out
of the 1'ermittee(s)' occupation, or use of the premises demised,
or privileges granted, and to pay all costs connected therewith. 4-*W
n.A
beth -the
its agents and
the Permittoo(s), such insuranco to he evidenced a
certificate of insurance showing the insurance in Cot -Co. -Do0amount
of such public liability insurance shall have limits no ss than
those known as
(b) Permtttee(s) agrees to carry oyer's liability insurance
and Workmen's Compensation insuranco Ad to furnish a certificate
thereof to tro City. " .
i
(e) Insurance font is providing Liability insurance and i
Workmen's Compensatio all provide for not loss than thirty (30)
days written noti to the City of cancellation or expiration or
substantial c go in policy conditions and coverage.
al
agrees that waivor of subrogation against
t ty shall be requested by Permittee(s)' insuror, and shall be i
7. Forebearance: Failure to insist upon a strict compliance
with the terms, con tions�, and requirements heroin contained, or
referred to, shall not constitute or be construed s:s a waiver or
relinquishment of the right to exercise such terms, conditions or
:.�.,.n.�a:ti....:. ~'� ...•x`—w requirements.
8. Re ulations: The exercise of the use granted herein is at
all times to be suaject to the regulations governing the Kenai
Municipal Airport titled "Kenai Municipal Airpport Regulations",
Issued in 1976. By signing this permit, the Permittee(s)'acknowledges
that he has received a copy of said regulations and has familiarized
himself therewith and will comply -with the requirements of said
regulations.
9. Solicitations: Solicitation of donations or the promotion
or operation of any part or kind of business or commercial enterprise
not contemplated by this Special Use Permit upon, in or above airport
lands without the written consent of the City, is prohibited.
. 20. Removal ert : Any or all personal or real property
placed or use upon an s or in facilities in violation of the
preceding prohibitions may be removed and/or impounded by the City
of Kenai, and when so removed and/or impounded, such property may be j
redeemed by the owner thereof only upon the payment to -the City of
the costs of removal plus storage charges of $1.00 per day.
sxx�.�rK9,e+.rnr�s� , 11. Should it be necessary to re -assign permittee to a different area of {
the airport terminal, the parties agree as follows: At least thirty (30) days
written notice, in advance of such reassignment, shall be provided to•permittee.
The 'costs of relocation. including the costs of moving and setting up counter
-and related faeilities,shell be borne by the airport terminal and my, upon the
agreement of the parties, be subtracted from the monthly rent due by permittee
t0 the Airport terminal. Should reassignment and relocation be necessary, per-
mittee shalt be provided and afforded equivalent space, in terms of both area
and location. as that which it presently occupies.
CITY OF- KENAL i........�,-}�na� :. �.+sn�r��•.•
8y
GIVEN UNDER MY HAND AND SEAL OF OFFICE. this day of ,
Page 2. SPECIAL USE PERMIT M TARP PUBLIC FOR ALASKA - ..
y Commission Expires
R
P 1.101ITTUE
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this Al day of
19 S-0
RY PUBLIC FOR ALAhKA
Flr Commission Expires /0 - q P-J' S I
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t
Page Three, SPECIAL USE POPWIT
IP l
,-% W. — — _—
I— — I ----W..-
.
SPECIAL USE PERMIT
(Not to be used for a period of
time in excess of one year)
DATE
The CITY OF KENAI for the considerations and pursuant to the
conditions and requirements set forth below hereby grants to:
' 4
DeVito Guide Service
Company Name: •
Authorized Representative: Spencer DeVito
= Box 317, Soldotna, Alaska 99669 i
DIIHIng Address: ,
i
hereinafter sometimes referred to as the PERMITTEE(S) the right
to D1sfLU ♦,,,n np etArs An ,tha Rani Mun4C4pa3 A1rp= I nhhiy 4n
display cases number 6 8 6 at the annual rain oftnn Paph
1. Term: This special use permit shall commence on the
1st y�8 of July , 19AL_, and shall extend to
an through the Lurn asyl o£- June , 19-BL_.
2. Permit Fees: The Permittee(s), prior to the exercise
of any privilege granted pursuant to this permit, shall pay for
the use or privilege specified herein a fee as indicated below:
(a) A total fee of S 80.00 in full payment for
the use of privilege specifled herein.
installments commencing on t e rst day Oft e term hereo the
amount of S and additional, subsequent a lments
In the amount O . payable ;
(c) A fee computed at the rate per
(d) In additio t e foregoing payments, fees and rents
specified above ermittee(s) agrees to pay to the City
• � i
3. Right of Entry: Entry and occupancy is authorized as of
the 1st ay o _may , 1g 80 .
4. Place and Time of Payments: All payments shall be made on
or before the ate ue o t e Icy Clerk, City Administration
Building, Kenai, Alaska, or by mailing to the following address:
City of Kenai, Miox SS0, Kenai, Alaska 99611.
S. Use: The use by the Perniittee(s) of the premises described
above is limited to the purposes specified herein and is not intended
to grant any exclusive use to the described premises unless otherwise
provided above. This use is also subject to the reasonable adminis-
trative actions of the City of Kenai for the protection and maintenance
of the promises and of adjacent and contiguous lands or facilities.
�.J Page Ono, SPECIAL USE PERMIT .
•S3•.aUC�!M...4.T.^��Lc -mot �St^ -.�.. • ... ......sr • .. ._ ... �. • r.• w..r .. r..�.. •... •� .. • .. ... • ..: . ••
--.V-- -.
l'
,.
6. insurance: 11ermittee(:;) agrees to save the City harmless
from all acLiuns, :;ails, liabilities or damages resulting from or
arising out of any acts of Commission oi• omission by the 1'ermittee(s),
his agents, employees, customers, invitees, or arising from or out
of the 11ermittee(s)occupation, or use of the premises demised,
or privileges granted, and to pay all costs connected therewith.
I
its agents and the Pormitte0(s), such insurance to he evidenced a
certificate of insuranco showing the insurance in force. Th mount
of such public liability insuranco shall have limits not ss than 1
those known as
(b) Permitteo(s) agrees to carry a oyer's liability insurance
and Iorkmen's Compensation insurance to furnish a certificate
thegoof to tpe City.
(c) insurancRho
s providing ldability insurance and
Workmen's Compensatll provide for not less than thirty (30)
days written notic City of cancellation or expiration or
:th4q-
ubstantial ch a in policy conditions and coverage.
Permittee(s) agrees that waiver of subrogation against
hall be requested by Permittee(s)' insurer, and shall be
evid-
7. Forebearance: Failure to insist upon a strict compliance
with the terms, con tions�, and requirements herein contained, or
referred to, shall not constitute or be construed us a waiver or
relinquishment of the right to exercise such terms, conditions or
. vim.-. .... .. ...__� requirements.
n. S. Re ulations: The exercise of the i0see
granted herein is at
all times to a su ect to the regulations vrning the Kenai
Municipal Airport titled "Kenai Municipal Arpport Regulations,%
issued is 1976. By signing this permit, the Pormittee(s)•ocknowledges
that he has received a copy of said regulations and has familiarized
himself therewith and will comply with the requirements of said
regulations.
9. Solicitations: Solicitation of donations or the promotion
or operation of any part or kind of business or commercial enterprise
not contemplated by this Special Use Permit upon, in or above airport
lands without the written consent of the City, is prohibited.
10. Removal of !rro_port •Any or all personal or real property
placed or us-sed upon antes of in facilities in violation of the
preceding prohibitions may be removed and/or impounded by tho City
of Kenai, and when so removed and/or impounded, such property may be
redeemed by the ownor thereof only upon the payment to.tho City of
the costa of removal plus storage charges of $1.00 per day.
+ .,+,.�4.3y.:. ,•:;«...:.� .�•1.•�.. •_• :.11. Should it be necessary to re -assign permittee to a different area of
the Airport terminal, the parties agree as follows: At least thirty (30) days
written notice, in advance of such reassignment, shall be provided to-permittee.
The 'costs of relocation, including the costs of moving and setting up counter
and related facilities,shall be borne by the airport terminal and may, upon the
.agreement of the parties, be subtracted from the monthly rent due by permittee
to the Airport terminal. Should reassignment and relocation be necessary, per-
mittee shall be provided and afforded equivalent space, in terms of both area
and location, as that which 1t presently occupies.
CITY OF-KENAI.._.....,w.,,zw-r,.�*sa-._
By
19IVEN.UNDER MY NAND AND SEAL OF OFFICE, this day of
NOTARY PUBLIC FOR.ALAskA Page 2. SPECIAL USE PERMIT My Conmission Expires_
1'1:RMiTTEX
CIVIN UNDER MY NAND AND SEAL Of OFFICE, this day of f'
Ny Commission Expires
Pago Three, SPECIAL USE PERMIT
I
j � �B3!4 enrr�IjJ:Y`+' � X�t�r:•iitr�:-Si�y .. .. ...
1
1 ..
i
v•
t
SPECIAL USE PERMIT
(Not to be used for a period of
time in excess of one year)
DATE
The CITY OF KENAI for the considerations and pursuant to the
conditions and requirements set forth below hereby grants to:
Company Name: DRAGNET FISHERIES
Authorized Representative:ROBERT BARTON
Bill*g Address:P.O. BOX 3992. KENAI, ALASKA 99611
hereinafter sometimes referred to as the PERMITTgE(S) the tigQhhtt
to use 6 ramp floats from June 20, 1980 through and including 2ugust 15.`410.
1. Term: This s octal use permit all commence on the
20th 'may' of Jkina } 19 ou , and 9iM1 extend to
an throughthe l day, o , 19
2. Permit Pees: The Pezmittee(s). prior to the exercise
of any privilege granted pursuant to this permit, shall pay for
the use or privilege specified herein a fee as'indicated below:
(a) A total fee o£ $684.00 plus tax in full .payment for
the use of privilege specif a rein.
(b) A total fee of $684.00 Plus tax able in 2
installments commencing on t:e rst day -of thayye term hereof in the
amount of $ 342.00 and additional.subsequent installments
In she amount o , payable July 15. 1980
(e) A fee computed at the rate of ! 12.00 plus tax per
day .
specified above, the Permittee(s) agrees to y
the tRIght a— day of— unetry and oac19aply is authorized as of
4. Place and Time of Payments: All payments shall be made on
or before the ate uto t no City Clark, City Administration
Building, Kenai, Alaska, or by mailing to the following address:
City of Kenai, Box 580, Kenai, Alaska 99611.
S. Use: The use by the Perdittee(s) of the premises described
above is 3iTted to the purposes specified herein and is not intended
to grant any exclusive use to the described premises unless otherwise
provided above. This use is also subject to the reasonable adminis-
trative actions of the City of Kenai for the protection and maintenance
of the promises and of adjacent and contiguous lands or facilities.
Page One, SPECIAL USE PERMIT
-�.' . mow..»w w. ..♦
�.J
R
�-
— ---• � ter. � - — - ....�....-
:-
+
6. insurance: Permittee(s) agrees to save the City harmless
from all actions, suits, liabilities or damages resulting from or
arising out of •m y acts of commission oi• omission by the Permittee(s),
his agents. employees, customers, invitees, or arising from or out
of the Permittee(s)' occupation, or use of the premises demised,
or privileges granted, and to pay all costs connected therewith. in
this connection, the Permitteo(s) agrees to arrange and pay for all
the following:
(a) Public liability insurance protecting both the City and/or
its agents and the Permitteo(s), such Insurance to he evidenced by a
cortificate of insurance showing the insurance in force. The amount
of such public liability insurance shall have limits not less than
those known as $100,000/3300,000/$50.000.
(b) Pormitteo(s) agrees to carry employer's liability insurance
and workmen's Compensation insurance, .and to furnish a certificate
thereof to the City. • '
(e) Insurance contracts providing Liability insurance and
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) Permittee(s) agrees that waiver of subrogation against
the City shall be requested by Permittee(s)' insurer. and shall be
provided at no cost to the City.
7. Forebearance: Failure to insist upon a strict compliance
with the terms, conditions and requirements herein contained, or
referred to, shall not constitute or be construed is a waiver or
relinquishment of the right to exercise such terms, conditions or
r.�4•-.u: <�r.,,�.�......w- _, requirements.
_ g. Re uiations: The exercise of the use granted herein is at
all times to a su ect to the regulations governing the Kenai
lKunicipal Airport titled "Kenai 6lunicipaI Airport Regulations",
issuod in 1976. By signing this permit, the Permittee(s)-acknowledses
that he has received a copy of said regulations and has familiarized
himself therewith and will comply with the requirements of said
regulations.
9. Solicitations: Solicitation of donations or the promotion
or operation o any y part or kind of business or commercial enterprise
not contemplated by this Special Use Permit upon, in or above airport
lands without the written consent of the City, is prohibited.
• 10. Removal of Pro ort • Any or all personal or real property
placed or use upon allas or in facilities in violation of the
preceding prohibitions may be removed and/or impounded by the City
-'- of Kenai, and when so removed and/or impounded, such propperty may be
redeemeA by the owner thereof only upon the payment to•tlte City of.
the costs of removal plus storage charges of $1.00 per day.
Should it be necessary to re -assign permittee to a different area of
the Airport terminal, the parties agree as follows: At least thirty (30) days
written notice. in advance of such reassignment, shall be provided to•permittee.
The•costs of relocation. including the costs of moving and setting up counter
-and related facilities shall be borne by the airport terminal and may, upon the
..agreement of the parties. be subtracted from the monthly rent due by permittee
the Airport terminal. Should reassignment and relocation be necessary, per- .
mittee shalt be provided and afforded equivalent space. in terms of both area
and location, as that which it presently occupies.
CITY OF-KENAh .+•....•...,���acroa::� .arsroRrr,
By
GIVEN UNDER MY NANO AND SEAL OF OFFICE, this day of ,
Pe e 2 PE A NOTARY PUP.LIC FOR.ALASKA
g . S CI L USE PERMIT My Commission Expires
F
I'I:RMITTEE
f ,
GI1EN UNDER MY NAND AND SEAL OF OPPICE, this day of 1
My Commission Expires��'��.`_,;=
t
1 Page Three, SPECIAL USE PERMIT
1•,t�so�c�_±sj�+tad,.�.'t`:�#+1�iY��4:�:7►si '. , . . .: .... ��r 9
i
T
• ��...»�rcra:c7.�wcaa7tifi�.aasW:r+�.. s•:.;..d
SPECIAL USE PEIDIIT
(Not to be used for a period of
time in excess of one year)
DATE
The CITY OF KENAI for the considerations and pursuant to the
conditions and requirements set forth below hereby grants to:
Company Name: City Cab Company
Authorized Representative: For George Miller/William C. Kimes
• Billi�g Address:Box 612, Kenai, Alaska 41 99611
hereinafter sometimes referred to as the PER.NIITTEE(S the right
to aerate a direct telephone line d display a poster at the Kenai
municipal Airport Building for City Cab.
1. Term: This special use permit shall commence on the
1st gay of July v , 19 80 , and skull extend to
an t row the 3 a ,o e , 19
2. Permit Fees: The Permittee(s), prior to the exercise
Of any priv of ge granted pursuant to thhis permit, shall pay for
the use or privilege specified herein a fee as'indicatod below:
(a) A total fee of S 108.00 plus tax in full .payment for
the use of privilege specified herein.
installments commencing on tile firstay o -the- term hereo
amount of $ and additional, subsequent i Monts
In the amount o , payable
(c) A fee computed at the rate per
specified)In abovedditio ermittee(s)eagreesptompaystofees and . the City
3. Right of Ent : Entry and occupancy is authorized as of
the 1stay o July . , 1980
1. Place and Time of payments: All payments shall be made on
t
or before e ata uo to the City'Clerk, City Administration
Building. Kenai. Alaska, or by mailing to the following address:
City of Kenai, Box 580, Kdnai. Alaska 99611.
S. Use: The use by the Perdittee(s) of the premises described
above is limited to the purposes specified heroin and is not intended
to grant any exciusivo use to the described premises unless otherwise
provided above. This use is also subject to the reasonable adminis-
trative actions of the City of Kenai for the protection and maintenance
of the promises and of adjacent and contiguous lands or facilities.
Page One, SPECIAL USE PERMIT
! -----r
6. insurance: 1101nittee(::) agrees to Savo the City hnrriless
from all actions, suits, liabilities or damages resulting fium or
arising out of any acts of commission of outtssion by the pottaittee(s).
his agents, employees, customers, invitees, or arising front or out
of tho I'ermitteu(s)' occupation, or use of the premises demised,
or privilegos granted, and to pay all costs connected therewith. -14"
E
the f."iewinal
its ogonts and the Permit too(s), such insurance to he evidenced
cart
ificoto of insurance showing the insurance in force. Th mount
of such public liability
those known as insurance shall have limits not ss than
(b) Pormittee(s) agrees to carry�.oluarrl
's liability insurance
and Workmen's Compensation insuranceish a certificate
thereof to the City. •
(c) Asurance contr s providing Liability Insurance and
Workmen's Conpensatio all provide for not less than thirty (30)
days written notie o the City of cancellation or expiration or
substantial ch a in policy conditions and coverage.
Permittee(s) agrees that waiver of subrogation against
th ty shall be requested by Permittee(s)' insurer, and shall be
7. Foreboaranco: Failure to insist upon a strict compliance
with the terms, con tionsl and requirements herein contained, or
referred to, shall not constitute or be construed cs a waiver or
relinquishment of the right to exercise such terms, conditions or
:«•.�:...��x:.� ::.w:,,.s ._: ,:.�. requirements.
8. Regulations: The exercise of the use granted herein is at
all times to be subject to the regulations governing the Kenai
Municipal Airport titled "Kenai Municipal Airport Regulations",
issued in 1996. By signing this permit, the Permittee(s)•acknowledges
that he has received a copy of said regulations and has f8miliari:ad
himself therewith and will comply -with the requirements of said
regulations.
9. Solicitations, Solicitation of donations or the promotion
or operation of any part or kind of business or commercial enterprise
not contemplated by this Special Use Permit upon, in or above airport
lands without the written consent of the City, is prohibited.
. 10. Removal oerp: Any or all personal or real property
placed or used upon an s or in facilities in violation of the
preceding prohibitions may be
removed and/or impounded by the City
of Kenai, and whon so removed and/or impounded, such property may be
redeemed by the owner thereof only upon the payment to -the City of.
the costs of removal plus storage charges of $1.00 per day.
:.1.1. Should it be necessary to permittee to a different area of
t.t s.x.•c .kt+n.vseY�suo " the Airport terminal, the parties Wee as follows: At least thirty (30) days
written notice. in advance of such reassignment, shall be provided to•permittee.
The gosts of relocation, including the costs of moving and setting up counter
-and'Mated facilities.shall be borne by the airport terminal and may. upon the
agreement of the parties, be subtracted from the monthly rent due by permittee
;:.:..to the Airport terminal. Should reassignment and relocation be necessary. per- ,
mittee shall be provided and afforded equivalent space, in terms of both area
and location. as that which it presently occupies.
CITY OF KENAI.few..
By
GIVEN UNDER MY NAND AND SEAL OF OFFICE, this day of ,
19
SPECIAL USE PERMIT NOTARY PUBLIC FOR ALASKA ...,.- .
My Conmtsston Expires
T1
GIVEN UNDER Irf HAND AND SEAL OP OFFICE, this day of
NOTARY IWLII
My Commitsion Expires
Page Three. SPECIAL USE PERMIT
--.. '1
777
T7 — _ ____ e-
0
SPECIAL USE PERMIT
(Not to be used for a period of
time in excess of one year)
DATE
The CITY OF KENAI for the considerations and pursuant to the
conditions and requirements set forth below hereby grants to:
Company Name:_Aero Union Corporation
Authorized Representative: Dick Philbrook; Director
Billi= g Address: Municipal Airport. Chico. Calif. 95926
hereinafter sometimes referred to as the PEIWITTEEjS) the right
to an arreea_200 feet by 150 feet located on the gravel aircrarrt parking ramp
adjacent to taxiway "C". designated as area 01 on the attached diagram.
1. Term: This special use permit shall commence on the
fith -May of 8, 19a0_, and shall extend to
an '1U roug the th—a . ot=p-tember , 1980
2. Permit Fees: Tho'Pe•rmittee(s), prior to the exercise
iTa
of any priv ag-granted pursuant to this permit, shall pay for
the use or privilege specified herein a fee as indicated below:
e e ese
(b) A total fee of S 1800.00 Payable in 3
Installments commencing on tie rst ay of the term horeo n the
amount of S o and additional.subsequent installments
In the amount o D , payable July 9. 80 6 Aug. 9. So.
(e) A fee computed at the rate of $ per
(dIn addition to the foregoing payments, fees and rents
)
specified above, the Permittee(s) agrees to pay to the City
all landina fees as Mquirad by airport regulations.
3. Right -of Entr . Ent
the 16th _ ay o June ry and o:e19 80 y is authorized as of
4. Place and Time of Pa meets: All payments shall be made on
or before the ate ue to t e ey lark, City Administration
Building, Kenai Alaska, or by mailing to the following address:
City of Kenai, fox SSO, Kenai, Alaska 99611.
S. Use: The use by the Perciittee(s) of the premises described
above is limited to the purposes specified heroin and is not intended
to grant any exclusive use to the described premises unless otherwise
provided above. This use is also subject to the reasonable adminis-
trative actions of the City of Kenai for the protection and maintenance
of the premises and of adjacent and contiguous lands or facilities.
i
j J Page One, SPECIAL USE PERMIT
= ^r " r!' .�..rs .k..5�,1 .'1%.'.:�� .:•..�.r�. :.w.r.. ...•..r .....�•. .r..rrr.•.r....•��.r �.....wi� •:.t'��...y..wZZ, •�
6. agrees to .avc the City harriless
fror.► nll ait1un�. :suits, I►abiIitius or da;;arcs resiltine: flocs or
arising; out of any acts of cor.:;aission or ol.11..sion by thu I'cn.i►tteels).
his agents, vrip:owes. customers, invitees, or artsi►►Q from e►• out �
of the I'crmittec(s)' occupation, or use of the preihi::cs .Icmised,
or privileges granted, and to pay all costs connected therewith. in
this connection, the Pernittee(s) agrees to arrange and pay for all
the following:
(a) public liability insurance protecting both the City and/or
its agents and the Permittee(s), such insurance to Ile evidenced by .-I.
certificate of insurance showing the insurance in force. The amount
of such public 1ii bi11ityy i s AA hhall have limits not less than
those known as 550,000/550�,O�b�s►�1�b.�00.
(b) Permittee(s) agrees to carry employer's liability insurance
and Workman': Compensation insurance, -and to furnish a certificate
thereof to oc City.
• i i
(e) lAsuranco pontracts providing Liability Insurance and
Workmen's Conpcnsation.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) Permittee(s) agrees that waiver of subrogation against
the City shall be requested by Permittee(s)' insurer, and shall be
provided at no cost to the City.
7. Forebearance: Failure to insist upon a strict compliance
with the terms, con3lijons and requirements heroin contained, or
referred to, shall not conitituto or be construed ss a waiver or
relinquishment of the right to exercise such terms, conditions or
requirements.
L Regulations- The exercise of the use granted herein is at
all times to Do suolect to the regulations governing the Kenai
Municipal Airport titled "Kenai Municipal Airport Regulations"
issued in 1976. By signing this permit, the Pormittee(s)•ackno,wledges
that he has received a copy of said regulations and has familiarized
himself therewith and will comply -with the requirements of said
regulations. .
9. Solicitations: Solicitation of donations or the promotion
or operations at any part or kind of business or commercial enterprise
not contemplated by this Special Use Permit upon, in or above airport
lands without the written consent of the City, is prohibited. '
10. Removal of Pro ort • Any or all personal or real property
placed or use upon an s or in facilities in violation of the
preceding prohibitions may be removed and/or impounded by the City
of Kenai, and when so removed and/or impounded, such property may be
redaomod by the owner thereof only upon the payment to.tho City of.
the costs of removal plus storage charges of $1.00 par day.
�•i rr-rShe - • .
'the .airport ter
written notice.
The costs of re
: -and related fee
- _ .agreement of th
.to the Airport_
the parties -agree as follows: At leastthirti
lance of such reassignment, shall be dell�o permittee.
in, including the costs of a setting up counter
.shall be born a rport terminal and may, upon the
es cted from the monthly rent due by permittee
Should reassignment and relocation be necessary. par-
ed .and ,afforded equivalent space. in terms of both area
• CITY OF AENAi....
By
GIVEN UNDER MY NAND AND SEAL OF OFFICE. this day of
19
-- -'_x7 Pale Z• 4P6:inL USE PERMIT NOTARY P��BLfC S^R
My Coamission Expires
--
r
/f
t
1 �
YI:Ia1I TTGf.
CIVEN UNDER DIY HAND AND SEAL OF OFFICE, this day of
. 19
Fly Commission Expires
� S
I
i
I
• i
Page Three, SPECIAL USE PERMIT
i .
I
Vq 4p<NNU(A r Otto osall.11t�1$113I1IInw1�wi i.(OT--TT-TLTIJfl�4011(rH;!, nn sl lr Pr•rnI .nnl
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plu u >I
I
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poi
An
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PX
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IM j 1a I al i,
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it
01
rig
9,
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plot
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cam, pia Ph" I
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tra�'" 1 r. . .' � ,... �.«./. •...:.�._.__ ._.._...... .__..__.... r.rrw...wwri; •.r12; j�f.��'1•!I t
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. �Mrr•.rrMr�r.rlrr.rrNNr.r
a..... ii� w�r� , t'M •y !j
����yp.�Y!/� �11 YL1� r�M.r..rr.� iii
yrri i.r'..w,rrrr-..rrrrrr.. /- _1J IV Iml
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'WINCE • CORftiELL • BRYSON FREAS
CONSULTING ENGINPERS
P o Roe 3 394 907-349.6042 Ar^?nV"03 ilY CITY ^f
ANCHORAGE, AMSIfA .. / •.�.«..».
01
........
09IN I.- r ; Y ..1 r.J......................................
........_
City of Kenai
P. 0. Box 580
Kenai, AK 99611
Att: Keith Kornelis, Director of Public Works
INVOICE
RMITZO
JUUNN 11 19te-I
Qom: rii �aRlo .. ••Miw.
PROJECT: Kenai Municipal Airport -
1980 Improvements
OUR JOB NO. 80-15
ADAP-6-02-0142-06
Billing Through April 30,
1980
Electrical Enaineering
Principal Engr.
160 hrs. @
55.00�.
8,800.00�
Project Engr.
180 hrs. @
45.00
8,100.00
Drafting
90 hrs. @
27.50,
2,475.00'
Typist
30 hrs. @
17.00
510.00
19,885.00
Civil Engineering
Engineer I
78 hrs. @ 42.00 ✓
3,276.00
'
j Engineer III
3.5 hrs. @
32.00`�
112.00
Drafting
2.0 hrs. @
18.00-✓
36 00 '
3,424.00
Surveying
C 2-Man Party
2.5 hrs. @
71.50'�
178.75_
—
178.75
Expenses
-
Alaska Copy Center
11.40
Polar Reproduction
3,60
AAI, 4 R.T. Airbares
@ 47.55
190.20-1
a s0. aoom
205.20
41
Subtotal
lOt
23,692.96
a1,3a3hS
Less
2,369.30
Total Balance Due
$21,323.65 4*'
Accounts not
paid within
10 days of date of invoice will be
subject to charges of %%
per month from date of
invoice.
1
WINCE • CORTHEII • BRYSON • FREAS
CONSULTING ENGINEERS
( P O Do, J 394 907• 349.6042
` ANCHORAGE. ALASRA
99301
City of Kenai
Box 580
Kenai, AK 99611
Attention: Mr. Charles Brown
Finance Director
May 28, 1980
INVOICE
PROJECT: Kenai Harbor Study OUR JOB NO. 80_5
r In accordance with our contract for the subject project, please
consider this invoice for professional services:
Engineer I, 184 hrs. @ $42.00/hr. $7728.00 ✓ i
Typist, 20 hr. @ 18.00 360.00 ✓ i
' Draftsman,. 10.5 hrs. @ 18.00 189.00 ✓
i Travel & Subsistence + 10% 130.03 ✓
R & M Consultants, Inc. and
Melinda Nelson + 10% 2231.41 ✓
Reimbursable Expenses + 10% 1107.96 ✓
11 ,746.39 or
Not to exceed $10,000.00 10,000.00
o 25 extra copies of report @ 12.00 ea. 300.00*'Wo &J,
Total Amount Due $10,300.00
--__ APPROV20 3Y CfTY Of K114AI
41'ri/e
........... ........... «..«».
..............«................... ❑ «««... .....«»». ».«_..... i /��P OEi,,.
ORIGINAL C07Y TO ...l b.��,.!.«...»..... CSC
t
Accounts not paid within 30 days of date of invoice will be
subject to charges of h% per month from date of invoice.
I
carmen vincent gintoii, architect
W4 p ofe tonal building suite 210
s, asks
907 283.7732
II June 1980
City of Kenai
P:O. Box 580
Kenai, Alaska 99611 ,
Att'n: Charles Brown,
Finance Director .
RE: Architectural Services
City Administration Building
invoice - Final Payment on Design Contract
INVOICE +
Upon Completion of Bidding &
1 Negotiation Phase
Final Payment $900.00
Thank you!
OF
t� LSE'tK to?
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X ell
No.
Name
0
r�
1
m
rIEd
ro ► 1,�i�-�/laMM0
mew
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MMW
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=e
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_ .., ...%ter
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ff. ;�� �
MMM
pMCI
MM�
MMM
�m
7 OO• 9/��0,✓�/
O �'71'MANAGER "'�AncRfi-
UBLIC WORKS �...... n rr-,QNP:v
n
e'"TY CLERK . _.... _ r ,
ORIGINAL cove •} rihwwc!/ _ _..
sir
... . _ ... � • --- wilnugwywbwlyr
I,+
� s
t I.1`N IV•.I. /(eNOYI( NI .1 ,. YI'YI YI et YII,II lllel l••II
I I Y..IJ f+I
CONTRACT CIIANGE ORDER
Plower rr Y.
Public
t.Y.It1Vn
City 9
To cc(narrlsq
t uluu.r of
P.O. U
eh,lnae older N
1
Borgen and Sons Excavating
You are botchy requested to comply with the (allowing changes from the contract plans a
Item
•No,
Description of changes • quantities. units,
unit prices, change in completion sahedulo, ctcl
Decrease
contract pi
gel
»
(tt
1
Additional 1,000 cubic yards of fill
for Animal Control Road ® $4,45/cy
from Federal Revenue Sharing Funds
Choose In conaact price due to this Change order:
Total decrease
Xxxxxxxx)
Total Increase
Difference between Col. (3) and (4)
Not (increase) (decrease) coalesce piece
The sum of f q.ts, ^/�_� is hereby (added go) (dJ(Mlfii)ft the
tote( adjusted comsat price to due theraby is li 14 _68S.00 .
The time provided for completion in the contract Is (unchanged) i6irlfd *U*X*R
days. This document shall become an amendment to the eoateaet and all provisions of t
Recommended by
Attalla f'116in¢ef
Accepted by %
t omrsctor
Approved by
tbrler
/
•
w
1 CITY OF KENAI
W 061� 4 4"
I - F. 0. BOX 500 K[NAI. ALASKA 99611
TELI►HON1 213 • TUS
June 11, 1980
Honorable Jay Hammond
Governor, State of Alaska
Pouch A
Juneau, AK 99811
Dear Governor:
The City Council wishes to express appreciation to you for your balanced
Comm regarding State funding of this City'a capital needs. As we
tried to express, the City is pursuing two courses of meeting capital needs.
The first providing for the necessities of industrial development which has
taken place and secondly providing for the necessities of further commercial
and industrial growth. The recent State legislative and your actions have
met in a great part these twin goals.
We thank you for offering such balanced discussions.
Sincerely,
Vincent O'Reilly
Mayor
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CITY OF KENAI
�,.., " Oil G;a2a" q 4"„
F. O. SOX NO KENAI, ALASKA "61I
fEL!►NON[ us • 705
MEMO TO: Janet Whelan, City Clerk
FROM Charles A. Brown, Finance Director
DATE: June 3, 1980
Please place on the �tnli68,, 9$0 agendet.,the setting of
salaries for the Cit llKttoune ►�, tL t�j,i tJanagerp._'and City Clerk.
KMC 23.55.010 star.� '� t#at �iiese. aalar es; , y 'be. set by motion
of Council; A� 1V , A _ ,`.( - Y -
I suggest the,� 011'bwipg motto#)(per negotiationo held between
the Council anll`t ,employees IWolved) s
1) The �41 _ of the--CAity!`Attor iey .fo* 'FYI-1:90�.81
be s14G, 20b;' pe �r)�►ear, '
(
2) The salary of the C*(r,0lerk� or Fy'61980- 1 be
set at-$22,S�SD per q �k4
3) The salaty. o� ;;A� ° Cdger ,be a e� $42, 000
per year Promu 80 rough sober 14, 1980,
and $46, 200 -per ybdriq �otob�1�Y , 1980 through
June 30, 1981. _.=_
CITY OF KENAI
lod Cap" 4 4"
P. O. SOX 600 KENAI. ALASKA M611
TRIP"oN/ 98S - 7"S
June 13, 1980
M-E-M-O-R-A-N-D-U-M
TO: MAYOR VINCE O'REILLY AND THE KENAI CITY COUNCIL
FROM: JIM SWALLEY, AIRPORT OPERATIONS MANAGER
RE: ADAP FUND REQUESTS
y
Mr. Brighton recently received a letter from FAA urging that any planned
ADAP requests be submitted prior to June 30, 1980, so they can be consid-
ered for funding under FY 1980 funds. This does not necessarily mean that
more funds are available or that any of these projects would be funded
under FY 1980 funds.
I would like to recommend that Council consider applying for ADAP funds
for the following projects: _
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1. CFR Truck: During his annual certification inspection on
June 12, 1980, Mr. Amer of the FAA Certification Branch
pointed out that our present Crash/Fire/Rescue truck is
inadequate for scheduled jet service. Our present CFR truck
stores 300 gallons of water, and the requirement is 500
gallons. Estimate $220,000.
2. Security Fencing - FBO Area: The airport security fencing
project o d not Include the FOO area. This project
would help in moose control as well as people control.
Estimate $50,000.
3. Rehabilitate Security Fencing along Marathon Road: This
project s necessary for security and animal control. Ground
frost has pushed the fence posts up out of the ground for
approximately 1250 feet. Estimate $15,000.
4. Extend Taxiway "C": This project would extend the taxiway to j -
t e north the full length of the runway. This would alleviate
"backtracking", and would allow aircraft to clear the runway {
quicker during peak periods of activity. This project is in
conjuction with the Master Plan, Phase 2 (1980-1985).
Estimate $1,000,000.
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June 18, 1980
Mr. Bill Brighton, City Manager
Mr. Charles Brown, Finance Director
City of Kenai
P.O.Box 680
Kenai, Alaska 99611
RE: City Insurance Coverage Renewals
Gentlemen:
As you know, we are in the process of renewing all of the City Insurance coverages
for the new fiscal year of July 1, 1980 to July 1, 1981. We are still awaiting
quotes on some of the coverages so do not yet have all of the figures in for -
the renewal period.
At this time however, I do want to pass on the following information regarding
the Airport Liability Policy and the City Umbrella Liability Policy. We have
recevied a quote on the Airport Liability that will result in a savings this year
of $1.656. The coverage will remain the same with no change, just the annual
premium. Due to our increased effort in marketing the City Umbrella Polity, and
the changing markets conditions regarding this type of coverage, we have been able
to obtain a substantial reduction in premium. Along with the reduction we received
a quote for higher limits then you are presently carrying at a very favorable rate.
We would like you to cover this in your report to the City Council and see if they
would like to obtain the higher limits of liability. The following information
shows the breakdown.
A. At the current time, the City Umbrella Policy is for $5,000,000 limits for
an annual premium of $23,054.63. We can provide the same limits this year
for an annual premium of $10,350 for an annual savings of $12,704.63.
B. We can also offer a Policy with limits of $10,000,000. for an annual
premium of $12,161.26 for an annual savings over last years of $10,893.63,
even with the increased limits.
As always, I plan on being in attendance at this evenings meeting, and would be glad
to answer any questions concerning the above, that anyone on the council might have.
I would like them to decide if they wish the higher limits so I can inform the
company prior to our July 1, 1980 renewal.
Sincerely,
6' *e '�-*7
Rich Emery
A Division of gayly, Martin & Fay International
Drawer 2942 — Kenai, Alaska, 99611 — (907) 283.3521 ;
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TRIP REPORT -- ALASKA COASTAL POLICY COUNCIL MEETING C
JUNEAU, ALASKA MAY 29th and 30th 1980
ONLY A FEW ITEMS ON THE AGENDA HAD Ali IMMEDIATE IMPORTANCE TO THE HARBOR
COMMISSION, HOWEVER THE•ENTIRE MEETING EMPHASIZED THE NEED FOR OUR LOCAL CITY
ENDEAVORS, RELATING TO COASTAL DEVELOPMENT, TO BE CLOSELY RELATED TO/COORDINATED
WITH THE KENAI PENINSULA BOROUGH$ COASTAL DEVELOPMENT PLAN.
ITEMS ON THE AGENDA OF IMPORTANCE TO THE COIMMISSION WERE:
ITEM G. TECHNICAL ASSISTANCE TO DISTRICTS - OCM REPORT
THE OCM WILL ADMINISTER A REIMBURSABLE SERVICES AGREEMENT (RSA) WITH
1
A STATE AGENCY FOR THAT STATE AGENCY TO UNDERTAKE A SPECIAL STUDY RELATING
TO COASTAL MANAGEMENT. THE OCM WILL AWARD SPECIAL STUDIES GRANTS TO LOCAL
DISTRICT PROGRAMS. IN OUR CASE, WHERE WE WISH TO UTILIZE A GRANT FOR
ADMINISTRATIVE EXPENSES, WE MUST REQUEST THE LOCAL DISTRICT PROGRAM (BOROUGH)
TO SUBMIT ON OUR BEHALF. MATERIAL INCLUDED IN THE PACKET PROVIDED AT THE ,
MEETING CONTAINS TIE CRITERIA ON WHICH GRANTS ARE CONSIDERED AND OTHER
INFORMATION WHICH CAN BE USED TO STRENGTHEN OUR REQUEST. OUR POSSIBLE
PROBLEM WITH U.S. FISH AND WILDLIFE SERVICES' "ARF,A MERITING SPECIAL ATTN"
(AMSA) MAKES STRONG SUPPORT FOR OUR GRANT TO PROVIDE SOME TECHNICAL ASSISTANCE.
MONIES ARE AVAILABLE AND PROPOSALS SHOULD BE COLLETED NO LATER THAN THE
END OF JUNE.
rm M. WLT[ANDS
THE DISCUSSION AND PRESENTATION ON THIS ITEM WAS REFRESHING FROM THE
{
STANDPOINT THAT THERE ARE NUMEROUS AGENCIES AWARE OF THE PROBLEMS THAT
WETLANDS DEVELOPMENT CAUSE THE APPLICANTS. ALASKA DEPARTMENT OF ENVIRON-
MENTAL CONSERVATION IS WORKING WITH OCM TO TRY AND ESTABLISH A "SINGLE
WINDOW" SYSTEM FOR THE STATE AGENCIES TO PRESENT TO THE CORP OF ENGINEERS.
THEY ENVISION COORIIMTING ALL THE STATE AGENCIES RESPONSES nib ONE
p d
PAGE 2
UNIFIED EFFORT FOR ,THE CORPS REPORT PROCESS. IT APPREARED TO ME THAT
THIS PLAN WAS NOT TOO WELL RECEIVED BY THE COUNCIL. PROBABLY DUE TO THE
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SAME REASON I SEE AS BEING A PROBLEM, WHICH IS THE STATE AGENCIES WOULD
HAVE TO HASH OUT THEIR OWN PROBLEMS, THROUGH A NEW SPECIAL COORDINATOR,
BEFORE THEY SUBMIT A RESPONSE TO THE CORP, AND THIS WOULD TAKE LONGER
THAN JUST SUBMITTING RIGHT TO THE CORP. D.E.C. ALSO POINTED OUT THE FACT
THAT THE CORP HAS ALREADY REALIZED THE PROBLEMS WITH THE PERMIT PROCESS
AND ARE PRESENTLY EXPLORING WAYS TO IMPROVE THEIR SYSTEM.
GENERAL INFORMATION I PICKED UP AT THE MEETING PERTAINS TO THE OVERALL
STRUCTURE OF THE ALASKA OFFICE OF COASTAL MANAGEMENT AND ITS RELATIONSHIP TO
THE FEDERAL AND LOCAL GOVERNMENTS. MY UNDERSTANDING OF THE PROGRAM IS THIS:
IN THE EARLY SIXTIES CONGRESS WAS DIRECTED TO DO SOMETHING ABOUT VARIOUS
DAMAGE BEING DONE TO THE ENVIRONMENT BY CIVILIZATION. CONGRESS ASSIGNED A
COMMISSION TO STUDY THE COASTAL ZONE AREAS. THE STRATTON COMMISSION REPORTED
THAT CONGRESS MUST TAKE IMMEDIATE ACTION TO CONTROL DEVELOPMENT WITHIN THE
COASTAL ZONE OF THE U.S. IN 1972 CONGRESS CREATED THE COASTAL ZONE MANAGEMENT
ACT (CZMA). THE AUTHORITY OF THE ACT WAS SPLIT BETWEEN THE FEDS AND STATE
GOVERNMENTS, AN UNHEARD OF INNOVATION WITH REGARDS TO ENVIRONMENTAL LAW, BUT
NECESSARY'SINCE THE ACT WAS DESIGNED TO CONTROL DEVELOPMENT IN THE COASTAL ZONE.
-- THE FEDERAL AGENCY HANDLING THIS ACT IS THE NATIONAL OCEANOGRAPHIC AND
ATMOSPHERIC ADMIN. OF THE DEPARTMENT OF COMMERCE. THEY ARE RESPONSIBLE FOR
THE IMPI MBNTATION OF THE CZMA AND THE OPERATION OF THE COASTAL MANAGEMENT
PROGRAMS OF THE VARIOUS STATES.
-- THE ALASKA COASTAL MANAGEMENT PROGRAM BECAME LAW IN 1977. UNDER THE
ACMP THE OFFICE OF POLICY DEVELOPMENT AND PLANNING RECEIVES AND ADMINISTERS
FUNDS FROM THE FEDERAL GOVERNMENT. THE RESIDUAL POWER OF THE PROGRAM RESTS WITH
THE COASTAL POLICY COUNCIL OF SIXTEEN PERSONS (SEVEN MEMBERS ARE STATE EMPLOYEES
t. —
FAGL 3
FROM INVOLVED STATE AGENCIES, AND NINE "LOCAL MEMBERS" REPRESENTING AREAS OF
ALASKA COASTAL ZONE.)
ALASKA'S PROGRAM, WHICH HAS BEEN APPROVED BY THE FEDS CALLS FOR "STATE
REVIEW FOR CONSISTENCY WITH THE MANAGEMENT PROGRAMS OF STATE, LOCAL, OR PRIVATE
PLANS, PROJECTS, OR LAND USE REGULATIONS...WITH POWER TO APPROVE OR DISAPPROVE
AFTER PUBLIC NOTICE AND AN OPPORTUNITY FOR HEARINGS." ACMP ALSO MET FEDERAL
REGULATIONS REQUIRING MATTERS OF REGIONAL CONCERN AND NATIONAL INTEREST AND
THE AREAS OF PARTICULAR CONCERN SUCH AS THOSE TO BE GIVEN SPECIAL ATTENTION
"FOR THE PURPOSE OF RESTORING OR PRESERVING THEM FOR THEIR CONSERVATION,
RECREATION, ECOLOGICAL, OR AESTHETIC VALUES." ACMP ALSO CAN DESIGNATE CERTAIN
SPECIFIC "USES OF STATE CONCERN" WHICH WOULD RULE OUT LOCAL OR DISTRICT PROGRAM
INPUT. OUR LOCAL DISTRICT PROGRAM IS THE KENAI PENINSULA BOROUGH'S COASTAL
MANAGEMENT PLAN, OF WHICH THE CITY OF KENAI'S COMPREHENSIVE PLAN (THORPE
REPORT) IS PART OF.
HOPEFULLY THIS EXPLANATION TIES ALL THE PROGRAMS TOGETHER. IN ESSENCE
IT TIES OUR HARBOR PROJECT TO THE BOROUGHS PLAN AND REQUIRES US TO WORK WITH
THEM IF WE WANT ANY SUPPORT, FINANCIALLY OR TECHNICALLY, FROM STATE OR FED
AGENCIES. WE COULD HAVE TO WORK CLOSELY WITH A COUPLE AGENCIES TO FIGHT THE
AMSA OF USFWS WHICH WOULD ELIMINATE THE CITY OWNED TRACT D FROM DEVELOPMENT.
CORRESPONDENCE IN THE FILES SO FAR APPEARS TO INDICATE THAT WE WILL NEED
TO BE CONNECTED, OR WORK CLOSELY WITH, THE BOROUGH'S COASTAL MANAGEMENT PLAN
ANYTIME WE APPLY TO THE STATE FOR MONIES RELATING TO THE HARBOR.
THIS NARRATIVE GIVES YOU SOME IDEA OF WHAT WE ARE FACING WITH OUR HARBOR
STUDY. I BELIEVE WE ARE GOING TO HAVE TO WORK WITH MANY OF THESE AGENCIES AND
UNDERSTAND THEIR PROGRAMS TO MAINTAIN A WORKABLE RAPPORT WITH THEM, AND MAYBE
GET SOME ASSISTANCE, AS NEEDED.
MEETING WITH DON STATTER
I MET WITH DON STATTER (DOT/PP HARBOR DESIGN AND CONST.) ON MAY 30th.
t
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HE WAS PLEASED TO HEAR THE'COMMISSION WAS IMPRESSED BY DAGMAR'S DRY MARINA
CONCEPT. HE INDICATED OUR CHANCES OF APPROVAL WOULD BE INCREASED BY A
COMBINATION DRY/WET FACILITY. ONE OF HIS PEOPLE HAD MADE A TRIP TO EVERETT
TO OBSERVE DAGMAR'S OPERATION AND THEY WERE EXTREMELY IMPRESSED. I INDICATED
WE WERE EXPECTING TO SIGNIFICANTLY INCREASE OUR REVENUE BASE WITH THE DRY
PORTION OF OUR PROJECT.
PROBABLY THE MOST SIGNIFICANT ASPECT OF THE ENTIRE TRIP WAS MR. STATTER'S
REMARK THAT THE $500,000 WE ARE GETTING FROM THE STATE IS BY FAR ENOUGH FOR
WHAT WE HAVE IT EARMARKED. HE SAID THAT ON THE LIBERAL SIDE OUR STUDIES,
ENGINEERING, DESIGN, AND PLANS AND SPECS SHOULD NOT RUN OVER $350,000.
HE WOULDN'T GET TOO SPECIFIC ON ANY RECOMMENDATION OF ENGINEERING FIRMS,
BUT HE DID INDICATE THAT THE ICE AND SILTATION PROBLEMS IN THE KENAI RIVER
HAVE BEEN STUDIED EXTENSIVELY BY SOME ALASKAN FIRMS, AND THAT OTHER GEO-
GRAPHICAL PROBLEMS ARE MORE READILY UNDERSTOOD BY ALASKAN FIRMS. HE ALSO
INDICATED THAT FIRMS THAT HAVE INNOVATIVE STAFF SHOULD BE GIVEN ATTENTION
SINCE WE WILL PROBABLY NEED SOME NEW TECHNOLOGY CONCEPTS ENGINEERED INTO OUR
PROJECT.
IN CONCLUSION I WOULD LIKE TO EMPHASIZE THAT BOTH MR . STATTER AND MURRY
WALSH OF THE ALASKA COASTAL MANAGEMENT OFFICE ARE VERY INTERESTED IN OUR
HARBOR PROJECT AND ARE KEEPING CLOSE CONTACT WITH IT. THEY BOTH APPEARED TO
FAVOR OUR ENDEAVORS WOULD LIKE TO BE A PART OF ITS SUCCESS.
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June 13, 1980
MEHO
CITY OF KENAI
ia4„oil e g 11 4 4"„
P. O. BOX $80 KENAI, ALASKA 99611
TELEPHONE 283 • 7838
TO: Bill Brighton, City Manager
FROM: Keith Kornelis, Director of Public Works
SUBJECT: What's Happening Report for City Council Meeting
of June 18, 1980
AIRPORT WAY - WATER, SEWER AND STREETS
Jackson and Garland still have some patch work that has to be
done in repairing the asphalt on Airport Way. They have been
waiting for Harley's Trucking, who has the only asphalt plant
in the area. Harley's is presently doing work in Homer, but have
scheduled to start work in the Kenai area at any time.
SHOP ADDITION AND LUBE RACK
Alaska Boiler are about to pour the slab for this addition. The
project seems to be going pretty much on schedule, but they are
almost to the point of having to pull off and wait for the delivery
of the building. Scheduled delivery of the building is in two
or three weeks.
SEWER TREATMENT PLANT, INTERCEPTOR LINE AND OUTFALL
Pre -construction conference was held on June 3, 1980 at 10:00
a.m. at the Public Safety Building. The meeting was well attended
and a recording was made of the meeting and minutes have been
prepared. Contract documents were signed at the end of this
meeting. Ground breaking ceremonies for the Sewer Treatment Plant
Expansion were held on Wednesday at 2:00 p.m. I am presently
reviewing the preliminary plans and specs for the interceptor line,
and plan on going into Anchorage today for meeting with CH?M Hill
to o over any changes and make any decisions necessary to get this
protect going. Unfortunately, Public Works Administration Depart-
ment is understaffed at this time, and therefore, I have not had
enough time to adequately review the plans and specifications. I
feel we are very fortunate, in that CH2H Hill -are experts in this
field and I am relying heavily on their judgement and expertise.
:t.
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What's Happgning Report
Page 2
June 13, 1980
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TOPO STUDY
U.S.K.H. are going to have a survey crew here in Kenai working
on vertical control for the extra ten quarter sections. They
are making some extra copies of the Topo map for our use, and
will shortly be sending us their final billing for the CEIP
portion of the project. As soon as we receive this information
and billing, we will be able to close CEIP portion completely.
PARKS AND RECREATION ATHLETIC FIELD FENCING
Public Works Department prepared the plans and specifications
on this project and have bid this project. The bid results
have been turned over to the Parks and Recreation Department
for their decision as to what to do for funding on this project.
I believe that they are preparing budgetary requirements to
be submitted to the Council at this upcoming meeting.
1980 KENAI AIRPORT ELECTRICAL IMPROVEMENTS
Wince, Corthell, Bryson and Freas have submitted a set of
drawings and specifications for this project. I am in the
final process of reviewing these plans and specifications,
and will be making a decision shortly as to when the pre -bid
conference and bid opening will be scheduled.
SENIOR CITIZENS CERAMIC STUDIO
Timberline Construction is in the process of completion of
this work. There are a few items that need to be changed
or corrected on this project, and they have been notified of
these items.
FIDALGO, BIDARKA, BARNACLE. CAVIAR AND REDOUBT
I spent a half a day last Wednesday, going over the pencil
drawings with Peninsula Engineering concerning this project.
I asked for a few major changes in the drawings and received
complete cooperation from Peninsula Engineering. There is still
considerable amount of work to be done on the engineering of
this project, but I feel that we are basically still on schedule.
CITY ADMINISTRATION BUILDING
Progress on this project seems to be going along at a pretty
good rate. Jackson and Garland, a"Subcontractor of Omni North,
has pretty much completed the clearing, grubbing and excavation
on this project. Water and sewer lines and storm drainage lines
have been installed. Because the basement in.City Hall is over
6' below grade, we were not able to tie to sewer lines into
Willow Street or the future line on Fidalgo. We have, therefore,
installed the sewer as planned, running to Beaver Loop.
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What's Happening Report
Page 3
June 13, 1980
GRAVEL RAMP AT THE AIRPORT
Borgen and Sons have completed hauling gravel for the airport
ramp. The ramp is complete except for oiling for dust control,
which we plan on doing today. There was a small project over-
running for the gravel of 340' yards, which amounts to approximately
$1,500.00. This has been�a great improvement to the airport and
an improvement that should pay for itself within two years from the
revenues derived of use of the ramp.
DOT/PF-WILLOW STREET CONSTRUCTION
I understand Quality Asphalt has had some union problems for the
excavation work on Willow Street. I have been told that these
problems are about to be worked out and the project should start
sometime next week. But, then again, I have been told many times
that this project is going to be starting next week. Unfortunately,
next week has not come as yet. I understand that Quality Asphalt
also was the low bidder on the Miller Loop Project. A lot of
good construction weather is being wasted.
STREET SWEEPING
Leroy Anderson has completed the sweeping of the City streets.
GUARD RAIL AT THE END OF FOREST DRIVE EXTENDED
Peninsula Fencing has ordered the material for installation of this
guard rail at the end of Fores Drive Extended. Completion of
this project should be within three weeks.
UTILITIES AND UPCOMING PROJECTS
There has been no change since my last report concerning this
subject. I am still trying to put pressure on the utility
companies to get going on relocation of some utilities that will
conflict with our future projects.
ELECTRIC DOORS
Kenai Steel Buildings are in the process of completing the
installation of electric door openers at the City Shop and the
warm storage building.
AWARD OF BIDS
City of Kenai opened bids yesterday, Thursday, June 12, 1980,
at 2:00 p.m. for fencing at the Animal Control Center, a Roller
with a Trailer, a Pickup and a Wood Chipper. All bids that
were received were within the budget allocated for each item.
These items are being purchased through Federal Revenue Sharing
monies. The money allocated for the Animal Control was for
fencing and road to the Animal Control Shelter. There is a
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What's Happining Report
Page 4 '
,. June 13, 1980
change order coming before Council for an additional 1,000
yards from Borgen and Sons for gravel for this road. I
have prepared a resolution to come before Council at this next
meeting awarding a purchase contract for the above mentioned items.
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.-11
,.J(enal Community-Elb-ca-Ly
A PUBLIC LIBRARY IN BERVIC6 BINC6 1949
BOX 157
KENAI, ALASKA 99611
REPORT FOR THE MONTH OF MAY; 1980
Circulation Adult Juvenile Easy Booka
Fiction 1155 425 831
Non-fiction 1334 110 178
Total Book Circulation 4033
Films, Phonodiscs, Pamphlets, Periodicals 292
Total Circulation 4325
Additions Adult Juvenile Easy'.Books Total
Gifts 54 5 20 79
Purchases 52 27 14 93 '
Total Additions 172 '
Remedial and Re -worked Books Adult Juvenile Easy Books Total
170 22 13 205 ^
Interlibrary Loans Ordered Received Returned
Books 48 57 17
Phonodiscs/AV 27 41 43
InterlibraryLoans b Our Library Books Films Y �'Y Total
i
47 54 101
Volunteers
Number 24
Total Hours 328.5
Income -
Fines and Sale Books 350.75
Lost or Damaged Books 28.95
Xerox 128.75
Total Income for May $508.45
BORROWERS CARDS ISSUED FOR MAY, 1980
Kenai
90
North Kenai
28
Kasilof
5
Clam Gulch
3
Soldotna
19
Sterling
3
Homer
1
Ninilchik
2
Total Borrowers Cards Issued 151
r••
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• t,5C::1V•ED
' KEWi PI:111NSUTA 111114-MG1I
RVOILAII Ati.`WNRLY MlITIM gy �•mr C4P.R{{((
.110i 6. 1980; 7:311 1►: DI. 617Y OP I.ENhI
11011U11G11 AMIN151'ILY171O4 11111.DIAG Assembl eto
P.O. WX 850
SOLAYIN,1, Al A.SKA 99669
Martin 6
W:loud 3
• - A G.B N 1) A - Picknrsky 8
Sikorski 6
Mxirlan 5
A. CAid. 10 ORI)IM M) ROLL CALL Arness 6
�CmnphoIt 3
B. MINK OF ALLMINN I; Cooper 7 _
Corr 6
C. STATING OF AT:19 ASSUNIIil N1,01URS Crawford 2
Davis 6
D. A(' MA APPROVAL Phionick 6
Iilson S
H. APPROVAL OF MImrf1'S OP 710: Paw OF IiQUALI2ATI0i Fischer 6
IUMRINGS HELD MY 13 $ CONTIMMI) TO MY .20, 1980 I11,110, S
F. ORDIICI\CR IIPARINGS, OR MIN PUBLIC IILIIRINGS Long 6
(a) ORD. 80.28 '?faking A�ipropriations for Fiscal Year 1980-81
To-7(i�vice Areas ieithin the Kenai Peninsula Borough"
(1) RPS. 80.73 "Sotting,the P.M of Levy for Real and Personal
1'iolii•rCy'I'ares for 1I::• %enai 1'rnhl>a1L•i Rvrrol+;h and for
Service Areas Within the Uurough for tho 'fax Year 1980"
G. CO,NSIOIilOMON OF HI St)11)TRY.wS
(a) RES. 80-71 "Amending Resolution 79-118, Mich Allocates Permanont
ios�on:► of limply-incnt in the Various Departments and Assigning /
Salary Ranges to Each Position"
(b) MS. 80.72 "Amending Resolution 70.146, Itbich Approves Certain Job
escr IMUns for the Classif led Service"
(c) RF.S. 80.74 "Authorizing the Preparation of Design 1kvelopment Docu-
Mnta or llnprovanents at the Nikolaevsk School and the Ninilehik
School" w
(d) RES. 80-75 "Transferring Money from the 1978 Bond Fund Contingency ,
to•M Ninilehik School Project to Provide for Bunk Erosion Control'.'
(a) RFS. 80-76 "Authorizing Agreements Batwecn the Borough and 0
ClL%si 1—thin the Borough for the provision of Data Processing
Services"
(f) RM. 80-77 "Authorizing the Mayor to Apply for a 5500,004 State
FrVd—Tc'o Grant to Bo Utilized for Renovation of the Yi llchik
School"
(g) RCS. 80.78 $'Authorizing the Borough to F.nter into a Cooperative
greemetu with the State of Alaska, Dopartntcnt of Commmity and
Regional Affairs for, the Sponsorship and Administration of Day
Care Facilitles"
RFS 80.79 "A vi a Are nt for the Provigion of Fire•
(h ppro ng n g emo �
Fighting Services and Fiscal Controls and Procedures in the
Bear Crook III re Service Area"
11. INTROWLTION OF ORDINANIMS •
(a) 010 80-38 VakibqtItatol "Lnacting a dew Chal►ter 10'08 6f the Borough
Mro oi�`( rrJ nnnc►-s tetlulating the Sale and Use of Fireworks in the '
Borough Outside Cities During an I'morgency" •
f (b) 6RD. 80-39 "Anthorizing the Expenditure of $z,500,000 of Unexpended
)vn�li a' Pproved by Ordinance 77.51. for the Purpose of Constructing.,
Improving and Diuil+ping the Nikolaevsk Sthuol Addition and the
Ninilehik School Addition" i
1. F+OM1AL PRIMMATIONS WITH PRIOR WQrICS i
(a) Robert Goldberg, James thrtinez, Daniol Gregory; Nikiski Fire ..�
• t,5C::1V•ED
' KEWi PI:111NSUTA 111114-MG1I
RVOILAII Ati.`WNRLY MlITIM gy �•mr C4P.R{{((
.110i 6. 1980; 7:311 1►: DI. 617Y OP I.ENhI
11011U11G11 AMIN151'ILY171O4 11111.DIAG Assembl eto
P.O. WX 850
SOLAYIN,1, Al A.SKA 99669
Martin 6
W:loud 3
• - A G.B N 1) A - Picknrsky 8
Sikorski 6
Mxirlan 5
A. CAid. 10 ORI)IM M) ROLL CALL Arness 6
�CmnphoIt 3
B. MINK OF ALLMINN I; Cooper 7 _
Corr 6
C. STATING OF AT:19 ASSUNIIil N1,01URS Crawford 2
Davis 6
D. A(' MA APPROVAL Phionick 6
Iilson S
H. APPROVAL OF MImrf1'S OP 710: Paw OF IiQUALI2ATI0i Fischer 6
IUMRINGS HELD MY 13 $ CONTIMMI) TO MY .20, 1980 I11,110, S
F. ORDIICI\CR IIPARINGS, OR MIN PUBLIC IILIIRINGS Long 6
(a) ORD. 80.28 '?faking A�ipropriations for Fiscal Year 1980-81
To-7(i�vice Areas ieithin the Kenai Peninsula Borough"
(1) RPS. 80.73 "Sotting,the P.M of Levy for Real and Personal
1'iolii•rCy'I'ares for 1I::• %enai 1'rnhl>a1L•i Rvrrol+;h and for
Service Areas Within the Uurough for tho 'fax Year 1980"
G. CO,NSIOIilOMON OF HI St)11)TRY.wS
(a) RES. 80-71 "Amending Resolution 79-118, Mich Allocates Permanont
ios�on:► of limply-incnt in the Various Departments and Assigning /
Salary Ranges to Each Position"
(b) MS. 80.72 "Amending Resolution 70.146, Itbich Approves Certain Job
escr IMUns for the Classif led Service"
(c) RF.S. 80.74 "Authorizing the Preparation of Design 1kvelopment Docu-
Mnta or llnprovanents at the Nikolaevsk School and the Ninilehik
School" w
(d) RES. 80-75 "Transferring Money from the 1978 Bond Fund Contingency ,
to•M Ninilehik School Project to Provide for Bunk Erosion Control'.'
(a) RFS. 80-76 "Authorizing Agreements Batwecn the Borough and 0
ClL%si 1—thin the Borough for the provision of Data Processing
Services"
(f) RM. 80-77 "Authorizing the Mayor to Apply for a 5500,004 State
FrVd—Tc'o Grant to Bo Utilized for Renovation of the Yi llchik
School"
(g) RCS. 80.78 $'Authorizing the Borough to F.nter into a Cooperative
greemetu with the State of Alaska, Dopartntcnt of Commmity and
Regional Affairs for, the Sponsorship and Administration of Day
Care Facilitles"
RFS 80.79 "A vi a Are nt for the Provigion of Fire•
(h ppro ng n g emo �
Fighting Services and Fiscal Controls and Procedures in the
Bear Crook III re Service Area"
11. INTROWLTION OF ORDINANIMS •
(a) 010 80-38 VakibqtItatol "Lnacting a dew Chal►ter 10'08 6f the Borough
Mro oi�`( rrJ nnnc►-s tetlulating the Sale and Use of Fireworks in the '
Borough Outside Cities During an I'morgency" •
f (b) 6RD. 80-39 "Anthorizing the Expenditure of $z,500,000 of Unexpended
)vn�li a' Pproved by Ordinance 77.51. for the Purpose of Constructing.,
Improving and Diuil+ping the Nikolaevsk Sthuol Addition and the
Ninilehik School Addition" i
1. F+OM1AL PRIMMATIONS WITH PRIOR WQrICS i
(a) Robert Goldberg, James thrtinez, Daniol Gregory; Nikiski Fire ..�
t=
AQ;NHA JUNIE 6, • 1980
' Pogo 2.
J'. oonetlrli>r. trla�nlrrs ,._-••
(a) Finance Ok:Cloud, IPille, Cooper, Crawford, Corr, 01mnick)
5 •
• (b) Local Affairs (Campbell, Davis, Sikorski, Pickarsky)
(c) Public Ptiorks (Arness, Ambarion, long)
(d) School Board (Coopbell)
K. MAYOR'S W91011P !
L. SCHOOL (=STWCTI(LH REPORT (Mono)
• W. OHILIR RUSIa'IESS
(a) Apportionment Order (Deadlino for Connient Juno 6•5 P M)
(b) WAIVERS '
1) Xequcst for rmiver of Penalty and Interest f, Removal from �.
the horec.lu4are Lir;t of Pdreol 159-050-0700 i
2) Request for Waiver of Timo for Filing Sr. Citizen Exemption '
for Una C. Farsdahl
. � • � P1'1(DIAG i
• (c) 011ie. 78-70 "Establishing a harbor and Port Authority Service ,
Aix io ifio Borough" —
(d) OM. 78-69 "Establishing o Wator Resource Devolopment Service 1
sA%a n tTio Borough"
(a) OM. 80-14 "Amending the Borough Codified Ordinances to Set
FORM gain General Provisions Relating to Permitted Religious -
and Education Uses" • Report from Planning Commissions. (Pickarsky
requested Remove from Table 5/20/80)
(f) RES. 80.62 "Awarding a Contract for Phaso II, Coastal Dovoloimxent •'
rogram to arer, Chin b Mayo"
• (g) RFS. 80-28 "Fxpressing the Policy of the Assembly Regarding the
' Tncluof Annexation Proposals in the Borough Comprehensive I
• Vlaa" (fable) 2.19.80)
(h) RFS. 80-SO "Establishing the Order of Business for Each Meeting of
' fly" (Rof. Local Affairs Cam)
I� 0) ORB. 80-31 "Amending Sec. 2.08.120 of the Borough Code Setting Out
t o Or-derof Business of the Asccmbly, f Sec. 2.08.1.30 of the
... Borough Code Regarding Public Presentations to the Assembly"
(Rof. local Aff. Coosa)
• W ORB. 80.32 "Repealing Sec. 2.08.120 of the Borough Code of
Zfi'd'inances hhich Sets Borth the Order of Business for P.ach
Assembly Heating and Authorizing the order of Business to be
Established by Resolution, and Amending Sec. 2.08.130"
W. Local Affairs Cow)
N. ASSkJIRLY AA'B 9WOR'S Ca%M:•'%TS
f
E
i
i
Tj z
-
.
-
S KPNAB 11131113MILA 110itnUGH
' REGULAII Afl,"MAHLY !IN1:TV16
JUNE 17, 1900; 7;30 11.11,
1101:uUG1i .10s• IN1.1-!•RATION 11U11,111S:G
248 NORTH WNIJAiY S'1'MAJ
SOLU(YRIA, ALASKA
- A G I;N D A -
Assombly
Vote
A. CALL TO ORDER AND ROLL CALI, 64cC1oud
3Pic�
Sikly
B. PLEDGE OF ALLEGIANCE' orski
6 � t
• Ambarion
S
C. SEATING OF NEW ASSDJBI,YDIEh10FRS (none) Arnoss
6 i
Campbell
3
D. AGENDA APPROVAL Cooper
Corr
6
E. APPROVAL OF MINUTES OF: MAY 20 P, JUNE 3, 1980 Crawford
2
Davis
6
F. ORDINANCE HEARINGS, OR OTHER PUBLIC HEARINGS Dimmic)c
• Eison
6
S
(a) , Ord. 80-35 "Reserving Tract D, Nu-11opo Alaska Fischer
i
S
5
silo Subdivision,
aunbdivision, for Use As a Community Long
CT Site and Providing for the Disposition Martin
6
of the Land on a Negotiated !Basis"
(b) Ord. 80-36 "Rezoning Tracts D and C, May Subdivision,
L ti'y--517 enai, from Rural Residential (RR) District
to Suburban Residential (RS) District"
,
(e) Ord. 80-37 "Amending Section 20.16.1SO of the Borough
a o e .o ing to Roqui.red Signatures on Plats, and
'
Repealing Ordinance 80-15"
G. CONSIDERATION OF RESOLUTIONS
;
(a) Res. 80-81 "Accepting the Proposal of Maynard and
%
Partch to Revise the Borough Comprohonsivo Plan
;
Outside First -Class Cities and Awarding a Contract"
with Homo 80-129
(b) Res. 80-82 "Requesting the Planning Commission to
j(
1
oappra so the Environmental Impact of Establishing
I
a Landfill At Mile 9.6 of the slope Road and Author-
I
War, the Mayor to Proceed with the Necessary Survey
,
• and Rolatod Design Required for the Establishment
of the Landfill" with Nomo 80-224
S
;
(e) Rea. 80-81 "Granting a Special Land Use Permit to
;
iuli-ips'11etroloum Company for Potrolcum-Rolated
Facilities"
(d) Res. 80-84 "Authorizing the Disposal of Borough Records
Mich re Outdated and Scheduled foe Disposal Under the
Borough's Record Management System"
(e) Res. 80-85 "Declaring the Assombly's Policy and Directing
e Doarcrq of llirectors of the Central Peninsula Hospital
;
s
Service Area and the South Peninsula Ilospital Service Area
S
to Prohibit the Use of,Public Facilities for Performing
t
Elective Abortions"
(f) Res. 80-86 "Rejecting the Bids for English Dry School
•porgy
,
oaservation Project" with 11omo 80-126
(9) " Res- 80-87 "Awarding a Contract for tlno English Bay School
Fuel tiro Facility and P1ayeround Project, Together with
Certain Additive Alternates, to Hansen and Company"
■ 1
(h)
Itos, 00-88 (to l,ei avallnhlu Julia 17) wit.li S1cow) 110.119,
"Now Ilmluer Landfill '4alilt i'nance Ctmtrrtct"
•
(1)
Koji. Won "Cc+rtil'yin1: the Itmitilt i of 1111u Juno 10, 1980
►'jiuc'riif `1'.'tvwti�►u Ilvld Within tho Y►•ttn[ ftivvr !%ridl;u
€Sulidivi Mon for it 6urvisw Aran" (siv.01al0v June 17)
(j)
l:flr. 8040 (tit be J11110 17) with Natso 80.12P,,
"Central I'uninsntlo Iloul►ltal Addlllojis: and Itunuvntiton:c"
11.
INTi ODUCTION 01i 0ItI)1}GAXC1:5
(a)
Orel. 80-41 "Itezuning Parcolr 1) and 11? of 11, S. Surveyfro:
SD'-, Jty of +umird, from Ono Iramily Itoaldential
(Itl) and Unclarsiified Uiotricts to Commurcial ((:1,)
Pintri.ct" with :douse 80.127
(b)
Ord. 80-42 "Authorizinit, Receipt of Conatal Zone '•1i►miga-
tiunt FCi—mT7 for Proparnt:ion of a Homer ';lilt Cons:tal
,Dove lopment Program and 111r.rea::ing 11 tit,1ated rus►stal
Zone Flnnnl.ument ROventie:s iiaid Alipropri.itiunr"
(r.)
Ord. RO-31 rulslstltute. "Amending, Section 2,08,120 of
tiiu L'or��itgli t;ci� tiatit'ing out the Order of Bunilluss
If the Arrumhly, and Soctjon 2,03,130 of tho Borough
(1os1e itoguirding Public' Prurvntatiuno to the Ar,:sombly"
(d)
Ord. 80-43 "Amundlttg Suction 2,08.020 of the Borough
i~OW tici-lrravi.de that Itegular Nectingo of the Assembly
Shall Adjourn at 1•11dnight"
(a)
Ord, 90-44 "Amending Section 2,08,050 of, the Borough
VF4-07ft"co7iting to Notice of. Reconoidoration of Assembly
Action"
1.
i1010114L P111,15KONTATIONS WITH PRIOR NOTICE
(a)
Right to Life Repreowitativo
J.
CO)WITTEI: REPORTS
(a)
Finance (McCloud, 11111o, Cooper, Crawford, Corr, Dimnick)
•(b)
Local Affairs (Campbell, Davits, Sikorski, Pickarsky)
(c)
School hoard Mocting (Corr)
(tl)
public Works (Arnoso, Asnbariatt, Long)
K.
MAYOR'S REPORT
(a)
Financial Report for Iday, 1080
L.
SCHOOL CONSTRUCTION Rtil/01tT
14,
OTliia: JAININ1:55
(a)
Waiver to Time for Filing Senior Citizen t:xemittiun:
Ai, R, Tliomprun
(b)
Ron. 80-02 "Awarding it Contract for Phiwo 11, Co:tist:ti
Io1 ;eNP,i,ieiit 1'rulp,am, to Kramer, (:hill 1, Moo" (Local Affairs~)
(e)
Refs, 00.28 "lixpresoing the Policy of tho ,losembiy 1telearding
u ni: usslon of Annexation Proposaiii In the 1loruugh Compre-
hennive Plan"
N.
ASSGMOLY AND MAYOR'S COMIZINTS
0.
PUBLIC COMPIENTS
P.
I0I1001ATIONAL MATERIALS AND REPORTS
RECEIVED
0 O 0 0 0 mr s #AMA
11HPART31ENT 41F 11EV1 NNE
201 E. 9TH AVE.
AACURIC KNOW COR/R01 BOARD ANCHORAGE, AK 99501
June 11, 1980
The Honorable Jay S. Hammond
Governor, State of Alaska
Pouch A
Juneau, Alaska 99811
Re: Request for appointment
of hearing officer/s�
Dear Governor Hammond:
The Alcoholic Beverage Control Board has received timely
protest of 1980
renewal of liquor licenses from various municipalities.
Protests concern
failure of licensees to file
and/or pay sales/property
taxes in the munici-
palities. Following are the
municipalities which have
rendered protests:
Municipality
License DBA
Type of License
1. Borough b City of Juneau
Bullwinkles
Restaurant
2. City of Kodiak
Harvester inn
Beverage Dispensary
3. City of Fairbanks
Flame Lounge
Beverage Dispensary
French Quarter
Beverage Dispensary
4. Municipality of Anchorage
Great Alaskan Beef
Beverage Disp. A duplicate
and Sea
Tuffy's
Beverage Dispensary
Major, Liquor f4
Retail
5. City of Homer
Ebbtide Dinner House
Restaurant
'
Porpoise Room
Beverage Dispensary
6. City of Seward
Flamingo Lounge
Beverage Dispensary
.�1. City of Kenai
Katmai Motel
Beverage Dispensary
Pursuant to AS O4.10.270, upon protest from a municipality a hearing is re-
quired in accordance with the Administrative Procedures Act. We, therefore,
respectfully request appointment of a hearing officer/s for these protests.
Sincerely,
Patrick L. Sharrock
=--G
Director
(907) 277-8638
PLS:vk
cc: Licensees
Municipalities
Alaska - .
StaWbank 310 E. Northern Lights Blvd, Anchorage, Alaska 99603 907/279.7637
June 13, 1980
55cii1JR
Mr. Keith Kornelis JUN 16 M
Director of Public Works
City of Kenai ow�
Box 580
Kenai, Alaska 99611
RE: Acceptance of Deepwood Park by the City of Kenai for maintenance
Dear Mr. Korneliss
This letter is to inform you that as of June 12, 1980 the above mentioned
subdivision (16 lots) belongs to Alaska Statebank.
Alaska Statebank is now preparing to correct the items listed in your letter
dated October 4, 1979. I an contacting a licensed and bonded contractor to
complete the job per your original approval on the streets. I would like the
City of Kenai to approve the streets so that we might obtain Farm Home
approval on the subdivision. I am requesting the approval with a "Subject to
Completion" clause. The bank will have these corrections made by an acceptable
contractor. I will not ask the City to maintain these streets until the
corrections are made and approved.
If the banks guarantee is not sufficient then we can hold enough funds in an
escrow account for this conditional approval. I hope this will not be th@'
case, but if necessary it can be done.
If I can be of any further assistance or answer any other questions please
contact me directly.
Sincerely,
ALASKA SSTTATEBANK
1\
R. Boyd
Assistant Vice President
JRB/cn
sST TE0 4L&S : NAMMONp, i0K�M0I
DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES
DIVISION OF HARBOR DESIGN A CONSTRUCTION 686-2195
POUCH Z, JUNEAU, ALASKA 99811
0j10� (
O �'� L June 11, 1980
C
00
Mr. Harlan E. Moore
Chief, Engineering Division CO. 6 `p
Corps of Engineers
P.O. Box 7002
Anchorage, Alaska 99510
Dear Mr. Moore:
Thank you -for the draft.copy of your Section 107 Reconnaissance
Report on proposed navigation improvements at Kenai.
It would be the Department of Transportation and Public
Facilities intention to pursue sources of State funding for
construction of the harbor at such time as project feasibility
is demonstrated. A detailed engineering and hydraulic study
As absolutely essential if we are to identify the iong term
cost and hence establish the project's economic viability. I
would strongly urge the Corps to proceed with a Detailed
Project Report.
As a matter of long standing public policy the Department of"
Transportation and Public Facilities -will underwrite the
non-feders0 cost of project cool trucU su ect to funding
`ll'osi"Ta6i 1 i ty u w no participate In the cost of land
acquisition or operation and maintenance of the harbor once
it is completed. These costs must be borne by the project
sponsor.
would appreciaie.your furnishing Ms. Kit Duke, Director,
South Central Region Planning and Programing, Department of IV
Transportation and Public Facilities, Pouch 2600, Anchorage,
Alaska 99602, with a copy of your draft report.
Si n rely, �
J,,
o Stat r �� �♦
Di ector
cc: ✓Hon. Vincent O'Reilly, Mayor
Robert Peterkin, Chairman Kenai Harbor Commission
Kit Duke
Ray Meketa
"AMW
L . _.
46G
tau 6-a,
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0
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.✓ yt � -Lt. � �i'�i'�4.(r►'�Ll..l /6Z:� vl.L.1 c,.� VT {..vim
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