Loading...
HomeMy WebLinkAbout1981-07-01 Council PacketKenai City Council Meeting Packet July 1, 1981 COUNCIL PACKETS AGENDA KENAI CITY COUNCIL - REGULAR MEETING JU'LY 1, 1981 - 700 P.M. PLEDGE OF ALLEGIANCE A. ROLL CALL 1. Agenda Approval 2. Consent Agenda *All items listed with an terisk*) are considered to be routine and non -co roversial by the Council and will be approved b one motion. There will be no separate discussion o these items unless a Council member or citizen so reques s, in which case the item will be removed from the C sent Agenda and considered in its normal sequence.o the agenda as part of the General Orders. B. PUBLIC HEARINGS $ Ord. 607-81 - Increasing rev/appns - Gymnasium, A„r � preparation of design -build - 03,450 Ord. 688-81 - Amending KMC - correction in Penalty Clause - Public Utilities & Enterprises Ord. 689-81 - Amending KMC - Requiring Applications for Leases be Complete Before Filing v;�.64.61 Ord. 690-81.- Increasing rev/appns - Administrative Support for Harbor Commission - $18,000 sf. Ord. 692-81 - Increasing iev/appns - senior Citizen Grant, PY 81-82 - $10,970 6 Ord 694-81 - Increasing rev/appns - Senior Citizen Project - 029#600 7. Resolution 61-70 - Awarding a Contract to South Central communications for Radio Maintenance for Fiscal Year 1901-82. C. PERSONS PRESENT SCHEDULED _tTO BE HEA n �` .... �n.� (,p � � (! 0. L• Qr �K tom. � v..w,� V-o, .- w None D. MINUTES 1. Regular meeting - June 17, 1981 E. CORRESPONDENCE None ,J U F r r i — .I July 1, 1981 - Page 2 F. OLD BUSINESS Reconsideration of use of City Hall for Social Security and Legal Services G. NEW BUSINESS 00'Al. Bills to be Paid, Bills to be Ratified 112. Requisitions Exceeding $1,000 3. Ordinance 695-81 - Amending KMC 7.15.040(b) and (f) to Provide for Local Preference in Bidding 4. Lease - Alaska Aeronautical Industries - Airport Terminal Counter Space S. Lease - Raven Transit, 7 c rpgrt Terminal Counter Space +�� l 7� } 6. Lease - Southcentral Air, Inc. -_Ai port Terminal � q° �I Counter Space .o-e^.(-ems 7. Lease - Wien Air Alaska - Airpokt Terminal Counter Space�f�' 4Aa 8. Amendment of Lease - Blue Mountain Ventures, Inc. - Airport Lands 9. Amendment of Lease - Cook Inlet Enterprises I - Airport Terminal Space 010. Fida.'go Subdivision Street Improvements - Quality 411 � Asphalt Paving, Inc. - Periodic Estimate U7 - $127,683.00 nfrnai Sewage Treatment Plant Expansion Periodic Estimate $12 - $355,512.99 - Brown 6 Associates *12. Improvements to Kenai Municipal Airport - Coastal, Inc. - Periodic Estimate $7 - $50,273.99 f13. Sewerage Projects Construction Services - CH2M Hill - $15,400.00 *14. Lawton, Tinker, Walker, Rogers, Walker - Water/Sewer Extension - Mike Taurianen - $4,200.00 H. REPORTS I. City Manager i 2. City Attorney 3. Mayor 4. City Clerk - S. Pinance Director 6. Planning 6 Zoning 7. Harbor Commission -- I; PERSONS PRESENT NOT SCHEDULED TO BE HEARD l ADJOURNMENT UAC- 7- 7 -AV 7- 14 _ a a , TI COUNCIL MEETING 0 nr�omc�ru�r�►�t�o�r�c� COUNCIL MEETING 0 nr�omc�ru�r�►�t�o�r�c� eaMeesE0� r—ml, -I r.���r t��irir r��r�v ��ir�►�� �o I P r r • r r � L r CITY OF KENAI ORDINANCE NO, 687-61 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA. INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN A NEW CAPITAL PROJECT FUND ENTITLED "GY11NASIUN" BY $3,450 FOR PREPARATION OF A DESIGN/BUILD PACKET. WHEREAS, the City of Kenai is seeking financing from the State of Alaska for construction of a gymnasium, and WHEREAS, the City Council desires to proceed with preparation of bid documents, specificationo, and related services in anticipation of such State financing, and WHEREAS, monies are available in the General Fund Reserve for Capital Improvements for such purposes. WHEREAS, proper accounting practices require that all appropriation$ of City monies be made by ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as followss General Fund Increase Estimated Revenuess , Appropriation of Reserve for Capital Improvements $3,450 Increase Appropriationns Non -Departmental -Transfer to Capital Projects $3,450 Gy nasium.Capital. Project Fund Increase Estimated Revenues: Transfer from General Fund $3,450 Increase Appropriationns Engineering $3,450 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this lot day of July, 1981. VIL"CENT O'REILLY, HAYCR ATTESTS Janet Whelan, City Clerk First Readings June 17, 1981 S,�cord Reading: July 1, 1981 Effective Dates July 1, 1991 Appreved oy Finance- i r. a 0 e) O CITY OF KENAI ORDINANCE NO. 688-81 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, MENDING KMC 17,20,050 TO PROVIDE A PENALTY CLAUSE TO APPLY TO THE ENTIRE TITLE INSTEAD OF CHAPTER. WHEREAS, in codification an error was made in the penalties provision of Title 17, Public Utilities and Enterprises to make the penalty applicable to all offenses in this "chapters' leaving offenses in other chapters of Title 17 without penalty, and WHEREAS, this error should be corrected to show that the penalty applies to all chapters of the title. NOt9, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as followss seetian is Section 17,20.050 is hereby amended to read as follows: 1117.20.050 Penoltls Violations of this title (CHAPTER) shall, on conviction, subject a violator of the enumerated actions with the penalties prescribed in ,n 13,05,, (CHAPTER 5 OF TITLE 131 Offenses and Penalties (, OF THIS CODE). In addition to the foregoing criminal penalty, the City Administrator or his designee is authorized to close the premises not complying with the sections of the Code enumerated herein as a menance to the public health of the City. The closure of said facility shall be accomplished by a written notice warning the violators that within 10 days of receipt of said notico, their facility or establishment will be closed unless reasonable remedial action is commenced witl�the 10-day period. if said violator refuses to comply with the notice specifying requirement for compliance with the sections enumerated herein, then said premises will be posted as being closed as a health menace by the City of Kenai," PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this lot day of July, 1901. VINCE14T OIREILLY, MAYOR ATTEST: Janet Whelan, City Clerk First Reading: June 17, 1981 Second Reading: July 1, 1981 Effective Dates August 1, 1981 1 4. i d CITY OF KENAI ORDINANCE. NO, 689-81 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, V AMENDING KHC 21.10 TO REQUIRE THAT APPLICATIONS FOR LEASES BE COMPLETE BEFORE FILING, TO SET A FILING FEE FAR APPLICATIONS, AND TO REQUIRE A DEPOSIT. WHEREAS, the wording of certain sections of KIIC 21.10, f particularly KMC 21.10.030, seem to imply that applications for leases can be filed which are knowingly incomplete, and - WHEREAS, filing of incomplete leases requires expenditure of unnecessary time for the Kenai Advisory Planning 6 Zoning Commission in consideration of such incomplete leases, and WHEREAS, due to the fact that the "first -coma, first -served basis" on which priorities to lease are established would allow a , deliberate filing of an incomplete lease and then stalling tactics to preserve priority without actually proceeding promptly Ii to lease the land and erect improvements thereon, and f f WHEREAS, the Kenai Advisory Planning & boning Commission has 4 f recommended amendment of KMC 21,10.030 to provide that no i application would be accepted unless complete, and the Council -. has considered this recommendation and directed that an ordinance accomplishing this amendment be drafted. 4 WHEREAS, there are costs connected with processing every i application by the Clerk which should be reimbursed by use of a l non-refundable filing fee, but the amount of such filing fee does I ; not appear in the ordinance, and the filing fee of $10 previously collected does not appear to be sufficient to cover thost costs in the light of the inflation that has taken place, and WHEREAS, in the past the City has been put to great oxpense in appraising properties and in some cases subdividing and surveying _ properties which have been requested for lease, and thereafter the applicant has failed to follow through on his application, so that it.appeare to be reasonable to require a deposit with the application to show good faith to cover any costs if the -1 applicant does not go through with leasing of the property. NO11, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 1 KENAI, ALASKA, as followss Section is The first paragraph of KMC 21.10.030 is hereby amended as followss 021.10.030 AlipiinatLongs All applications for lease of lands shall be filed with the City Clerk on forms provided by the City available at City Hall. Applications shall be dated on receipt and payment of filing fee jM deposit, No ass, ligation will be aggeptga by the, Clerk unless it Anne ear0 o the Clem to he coUla&e. [AFTER FILING, A MAXIMUM OF 30 DAYS SHALL HE ALLOWED TO COMPLETE THE APPLICATION) Filing fees are not refundable." gentian 21 That the City of Kenai Code of Ordinances is hereby amending a new section to be numbered 21,10,035 which shall read as followss 1121,10,035 Filing pee and De� oagits (a) A filing fee In the amount of 020 shall be paid on filing of an application for lease of lands, "(b) On filing of application for lease of lands, the applicant will make a deposit to show good faith and secure the City in payment of any costs in the following amounts% "(1) If the property sought to be leased has already been subdivided, the amount of the deposit will be $500, "(2) If the property sought to be leased has not been subdivided, then the amount of the deposit will be $1,000, "(c) If the City refuses to lease the desired property to the applicant through no fault of the applicant or failure of applicant to comply with directions of the Kenai Advisory Planning b Zoning Commission, then the deposit will be returned to the applicant, If the applicant complies with all of the regairements of the ordinances and of the Kenai Advisory Planning 6 Zoning Commission and secures a lease to the land, then the deposit will be applied on the first rentals to become due, If the applicant refuses to comply with any requirements of the ordinances or the Kenai Advisory Planning b Zoning Commission and either causes inordinate delay or otherwise refuses to secure a lease to the property# than any expenses incurred by the City will be reimbursed from said deposit and the balance thereof, if any, shall be returned to the applicant." 2 t I l�r � • Section 3s That KMC 21.10.060(a) is hereby amended as follows: "(a) Applications shall be forwarded to the Advisory Planning and Zoning Commission upon receipt. The Advisory Planning and Zoning Commission shall normally consider applications for specific lands on a first -come, first -served basis if the Commission finds thgtthe application is com, mete. Where there is difficulty in obtaining a perfected application, details as to development plans, etc,, or where the applicant fails to ith eonly w directions or requests of ['THEN] the Advisory Planning and Zoning Commissionx any slich-,Prioritv will be lost [MAY, AFTER DUE NOTICE TO THE FIRST APPLICANT, CONSIDER A SECOND APPLICANT FOR THE PARTICULAR LEASE]." °..- Section 4s That KMC 21.10.060(c) is hereby amended as foliowss "(c) Conceptual applications relative to unplatted , land and/or unreieased lands will also be considered on a first -come, first -served basis under the same conditions ant " ikh, aboya• On approval of concept by the Advisory Planning and Zoning Commission and the City Council, the fapplicant is assured the right of first refusal of the lease following the determination of a lease rate in accordance with established policy, provided that applicant delivers to City an executed lease with attached application and with , first rental payment with 45 days after applicant is ° notified of the terms." PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1st day °-- of July, 1981. kf� . VINCENT O'REILLY, MAYOR _. ATTEST s j cjdy� Janet Whelan, City Clerk _-. First Readings June 17, 1981 _ Second Readings July 1, 1981 Effective Dates August 1, 1981 3 i� i i •- "s f ' _ r CITY OF KENAI ,.Od eat a/ ,q"„ I. O. WX NO KENN, ASA306 NN/ 1" NONE 362 • 763E MEMORANDUM TO: HONORABLE MAYOR, 14Ef1BERS OF Tilt CITY COUNCIL, b MEHBERS OF PLANNING b ZONItdG CONIIISSIOn FROHi DEN T. DELAHAY, CITY ATTORNEY RE AMEUDIIENT TO ORDIVANCE tTo. 689-81 TO LIHIT USE OF FIRST-COIIE, FIRST -SERVED BASIS FOR ISSUANCE OF LEASES DATES JUNE 22, 1981 On introduction of the City Attorneys recor,Tmended version of Ordinance F0. 689-BI, Councilman Ralston requested that an amendment be prepared for consideration at the next Council. meeting to abolish use of the "first -come, first -served bards;" for determining issuance of leases to city lands. I have conferred with Councilman Ralston, and I do not believe his intent was to abolish the first -come, first -nerved basis but rather to make its use subject to discretion so as to obtain the most beneficial use for the property applied for, The accompanying amendment was prepared with that view in mind, but if such amendment is moved, it is, of course, subject to further amendment or to being defeated, This proposed amendment, as well as the Ordinanco No, 689-01 as introduced, will be brought before the Planning & Zoning Commission in the event they wish to naive a recommendation to the Council. BTD/md 0 0 d ; WOMM 91-.1E.�I1JUk?TIT w wMIrma 210, 689-82 VM (9X&-'9ff " =11Wrizv !-VZU+P=V Of 2V.aye-V fox highest and best W-M rrs-tit&rs tam em 9 Ulrzt-some,, fd-cst-served basis, Ordinance ft, 60-S §RKLUM lbe iamez,6,0 ;:a f-o11mns A, DWM),V lite MiittIv b' 4e11*t$zg ,the wort 11"ATID" before the last ci s 4rSMV&q 0e 1peT196 gftvx `"D.Z20-s T" to a Comm,, and &% '0M 99 !''UT Si MAV30E 'OF ZMAUS VN A PIM-Coi%, "I=-MM ffiniv =M%72LCT TO A'UTDOPIZA711Jrl To LEASE FOR HIGHER. 0, AM slMAr ttne fAlft "K?hexeas," clause an -additional clause to ' Mm" 2= 2a.S10AVD a$ presently Mitten implies that Il19wtivd= 699 Iles :shov24 :be granted on ,a first -come, ffiix r na J �ts.0 *V*V ,tfipul9b a V ubseg uent ,applicant may dIRVIM9 $4 a3lff ." thv gx9pexty fvr a bigger and better use 11� yg.}� n �uavV,y}.: ft a mwx* benefIcial use f-or the City and the 499ftiA�em 09MKI/ An's , (f, AtmM°r -U t�&M :B " ado Ot the =d of :the vecorid sentence in ttM =,2(9,MVW ttliv A. 4A tl>ism*1 mv wox dung "agd-tbe +se pre: ose IP, AM sm Itiigaw.1 xv- tiw, ft the vxdipance to read as s%]IIl©cv�. Vbft i v, 6$ty *f Xonai Code of Ordinances is Fuexc ttnazt+". [by ;a mew :subsection to he numbered WIC U.SJ®.t11L- IQ C4, ik* irm-A .cy ft12owvs '"06P MAMM ftmr* axe ifto 09 none app3 icatlons for the same mispo,rg U.cio iftx (0.1ex*Dt topes, glen if the Mvivory §29= i og M Ssio g C mmilAivo makes a finding that a Mt=MX lut F< ,pl , ti�.n wain s,trult in use of the lands for 'S �tbetU-r pu3pose with a gxeatex benefit to the (My Df armul &#J !the V ItlZmI tbercof 0 then the lease will !tom 9=wP,0 ft =-vb Ap..pllvanx m1Ptv1thut=fJIng the provisions c§6 Jai =10 lvi i,.n tbi.: section vhi4ch provide o f;ix vt-conv, f1 t-setrvcd basic;. Any l ON A ` applicant may appeal to the City Council from a finding or a refusal to find by the Planning & Zoning Commission as to highest and best use by filing an appeal with the City Clerk within 7 days after the finding is made or refused by the Planning & Zoning Commission." - { r i r I1 •, r{- 1 { r _ I. s I ' i' iililll ' _ CITY OF KENAI a—y 690-81 ORDINANCE Not AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE 1981-82 GENERAL FUND BUDGET BY $18f000 FOR ADMINISTRATIVE SUPPORT FOR THE KENAI ADVISORY HARBOR COMMISSION. WHEREAS, City of Kenai Ordinance No. 608-80 appropriated $51,200 of a State Grant for administrative support for the Kenai Advisory Harbor Commission, and WHEREAS, at least $18#000 of this amount remains unencumbered at ' June 30, 1981, and WHEREAS, the State of Alaska and the Kenai Peninsula Borough have agreed to amend the related grant contracts to extend the completion date of the project from June 30, 1981 to September b 30, 1981, WHEREAS,the unencumbered portion of this appropriation will lapse at June,30, 1981, and must be re -appropriated to become available, WHEREAS, proper accounting practices require that all :. appropriations of City monies be made by ordinance. NQtJ, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations in the 1981-82 General Fund Budget be increased as follows: Increase Estimated Revenues: _ State Grant $18,000 Increase Appropriations: Harbor Commission -Professional Services $18,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1st day of July, 1981, } VINCENT OIREILLYr MAYOR ATTEST: Janet Whelan, City Clerk i First Reading: June 17, 1981 ` Second Reading: July 1, 1981 Effective bate: July 1, 1981 Approved by Finance: i I: n 0 t . r _ CITY OF KEHAI ORDINANCE VD, 692-81 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE "KENA1 BOROUGH SENIOR CITIZEN GRANT" FOR FY 81-82 BY S10070. WHEREAS, the Kenai Peninsula Borough has awarded a grant in the amount of 022000 for PY 81-82 for Senior Citizen Program •-- Services, and WHEREAS, at the present time, the City Administration wishes to appropriate $10,970 of this grant for a Kitchen Helper, and WHEREAS, proper accounting practices require that all appropriations of City monies be made by ordinance. NOW, THEREPORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KE11AI, ALASKA, that estimated revenues and appropriations be increased as followss Borough Kenai genior Citizen Grant Increase Estimated Revenuess ' Borough Grant $0,970 Increase Appropriationss Salaries $ 6,942 Leave $ 374 . PICA $ 487 ' PERS $ 734 . = BBC $ 147 Health $ 2,000 W/C insurance 1 286 0,970 PASSED BY THE COUNCIL OP THE CITY OF KENAI, ALASKA, this lot day of July. 1981. VINCE11T O' REILLY, MAYOR ATTESTS ' Janet "holan,rCity Clerk - = First Readings June 17, 1981 Second Readings July 1, 1981 4" Effective Date: July 1, 1901 Approved by Finance: F r!n Aria.. CITY OF KENAI ORDINANCE 110: 694-81 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE SPECIAL REVENUE FUND ENTITLED "KENAI SENIOR CITIZENS PROJECTS FY 2981-82" BY $28,600. WHEREAS, the State of Alaska has okfered the City of Kenai a grant award of $28400 under Title, -III of the Older Americans Act of 1965 for financing of the Kenai -Senior Program from July 1, 1981 through September 30, 1981, apd WHEREAS, the City's required matching monies will be appropriated after the State grant for the remainder of the FY 81-82 year is set, and WHEREAS,"proper accounting practices require that all appropriations of City monies be made by ordinance. N011, THEREFORE, BE IT ORDAINED BY"THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Kenai Senior itizens_ rojgl=,, EY.1981-82 Increase Estimated Revenues:`, State Grant $29,600 Increase Appropriations: t ,Social Servi.cess Salaries 6 Wages $ 6,870 Accrued Leave $ 452 FICA `4 $ 449 PERS $ 628 ESC $ 147 Workmen: Compensation S 370 Health Insurance S 710 Transportation S 34 Communications $ 180 Utilities $ 239 ,D 9 M I Office Supplies Operating Supplies Repair & Maintenance (vehicles) Printing & Binding Miscellaneous congregate mgis s Salaries & wages Accrued Leave FICA PERS ESC Workmens Compensation Health insurance Transportation Communications utilities Office Supplies Operating Supplies Repair & Maintenance Supplies Repair & Maintenance Professional Services Printing & Binding Home Delivered Meals Salaries & Wages Accrued Leave FICA PERS ESC Workmens Compensation Health insurance Transportation Operating Supplies Repair & Maintenance supplies Repair & Maintenance Professional Services Printing & Binding Total Appropriations 2 $ 30 $ 250 $ 750 $ 188 $11,300 $ 2,978 $ 193 $ 195 $ 272 $ 64 S 145 $ 570 $ 17 $ ISO $ 400 $ 30 $ 5r372 S 224 30 $ 1,100 $ 2r125 $ 132 S 185 $ 20 $ 105 $ 433 $ 16 S 1,341 30 Q 953 $ 125 S 5.500 �28,600 r PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1st day of July, 1981. VINCENT O'REILLY, MAYOR __ .. ATTEST: Janet Whelan, City Clerk First Reading: June 17, 1981 --- Second Reading: July 1, 1981 Effective Date: July 1, 1981 Approved by Finance: �..4: i - j. l � , Ir .... I' . r CITY OF KENAI RESOLUTION NO. 81-70 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT TO SOUTH CENTRAL COMMUNICATIONS FOR RADIO MAINTENANCE FOR FISCAL YEAR 1981-82, WHEREAS, on June 17, 1981, bids for radio maintenance were opened rat the City Administration Building, and t?HEREAS, two bids were received, as followss Sidd1jr Annual Cost Motorola, Inc. 016,200 South Central Communications 15,150 WHEREAS, South Central Communications is the lowest responsible bidder, and WHEREAS, $11,665 of the loviest bid should be allocated to the Communications Department, with the remaining $3,485 split between the water and Sewer Departments for maintenance of the Intrac Warning System, NOWT THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that a contract be awarded to South Central Communications for radio maintenance for fiscal year 1981-82 in the amount of $15,250. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this lot day of July, 1981. ATTESTs Janet Whelan, City Clerk Approved by Finances Joe, P i VINCENT O'REILLY, MAYOR i CITY OF KENAI RESOLUTION NO. 81-70 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT TO SOUTH CENTRAL COMMUNICATIONS FOR RADIO MAINTENANCE FOR FISCAL YEAR 1981-82, WHEREAS, on June 17, 1981, bids for radio maintenance were opened rat the City Administration Building, and t?HEREAS, two bids were received, as followss Sidd1jr Annual Cost Motorola, Inc. 016,200 South Central Communications 15,150 WHEREAS, South Central Communications is the lowest responsible bidder, and WHEREAS, $11,665 of the loviest bid should be allocated to the Communications Department, with the remaining $3,485 split between the water and Sewer Departments for maintenance of the Intrac Warning System, NOWT THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that a contract be awarded to South Central Communications for radio maintenance for fiscal year 1981-82 in the amount of $15,250. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this lot day of July, 1981. ATTESTs Janet Whelan, City Clerk Approved by Finances Joe, P i VINCENT O'REILLY, MAYOR i r C, - nuurN —1itU i Thio Addendum, ontorod into this - .1 - day of 1981. by and bets -icon the City of Kenai. and The Car Company, Inc. WITNESS WHEREAS, it is the intent and purpose of this addendum to modify paragraph A of that certain lease prepared by the City of Kenai and submitted to The Car Company, Inc. on June 15. 1981 for approval. !I NOW THEREFORE in consideration of the Covenants and conditions heroin contained it is agrood as followes 1. That Paragraph A of the City of Kenai's proposed ` lease is hereby modified and amended to road as follows: I Issued iss A. Pur osos The purposes for which this lease is (a) The right to condict a business on and from i tho Airport for car rentals and sale of personal accident insurance. I (b) The right to conduct the business of making arrangements for hunting and fishing trips, for air taxi sorvicos, for charter flights, for rant-s-plano services, for motel and hotel reservations, and for long distanoo telephone and telegraph oorvices. I(c) To occupy counter space in an area and in a , size designated by the Airport Nnnagor. Such counter to be constructed by the Contractor with size and design to be approved by the Airport Manager. Such space shall not be } IIused for any other purpose oxcept pursuant to a separate agreement for authorization From the City. (d) The right to use parking space for ton (10) Ij vehicles at spaces in p"civg.nrBnfL.dixe"t -iw-£-rent-and-iw- I ,c1Qsa4wrex-inrlty-Ge-the--antranco-to-tha-main--tormi=k; Said F spaces to be doaignatod by the Airport Manager. DATED the day of 1981, LESSOR LESSEE II! CITY OF KENAI THE CARCOMPANY, INC. 1� By By T !Ls'tt I taw onrctt � I i . OWAND V 0M04117f I Is MOlttt,ON► COt/ONtt,ON II I i I.O.00t $$U I I NtNM. 11"S" Mll ' =�f .+C: �' Tom! `w{�,.'r�:�.igy!�` �' o�-it+"� :y� �'�5/r'� � '+':•�'r-y.. ✓ "YR+'!��1!rr / / .�• ,�y �+f4l+d�i,• ,A!' ,'�•4�t4`'. �a+�r t .n,�-!L' �^►►.r�/1:iAr���/,y- . .iIw:.�� wriw.�w`�JrbUl��f✓i�i—MAMW � r 1 T err Of WINA( ;iT �•Jr THIS AGREEMENT, entered into this ( day of , 1991 by and between the CITY OF KENAI, City Hall, P. 0. Box Selo, Kenai, Alaska 99611, a home -ruled municipal corporation of Alaska, hereinafter called "City," and The Car Company, Inc. P. 0. sox 967, Kenai, Alaska 99611, hereinafter called "Kesnee.i That the City, in eonsidoration of the paymonto of the rento and performance of all the covonanto herein contained by the Lessee, does hereby domioo and looso to the Losooe the following described pro arty in the Kenai Recording District, State of Alaskal to wits COUNTER SPACE, #16 CONSISTING OF 42 8QUARE FORT (SEE ATTACHED DIAGRAM) FIRST FLOOR, TFIUIINAL BUILDING, KENAI MUNICIPAL AIRPORT AND PARKING LOT SPACE FOR 10 RENTAL CARS. A. 2MUMs The purpose for which this Leaoo is issued ion PARKING FOR TEN (10) RENTAL CARS AND COUNTER SPACE FOR RENTAL OF CARS AND BALED OF PERSONAL ACCIDENT INSURANCE. 8. 2=s The term of this Leans is for 1 year, commencing on the lot day of July, 1981, to the 30th day of Juno, 1982, at the annual rental of 0554.40 plus Se sales tax. C. pdy=s The rental opocified heroin shall be payable es follows$ (1) Right of entry and occupancy is authorised as of the :at day of July, 2901. (2) Annual coat for the fiscal year beginning July i and ending June 30 chail be payable in advance on or before the first day of July of each year. If the annual cent exceeds 02,400, then the Lessee may opt at the time of the execution hereof or at the beginning of each new Lease year to pay rent in equal monthly installments, payable in advance on or before the first day of July and on or before the first of each month thereafter. (3) Rental for any period which is lean than one (1) year shall be prorated based on the rate of the loot full year. (4) in addition to the rents specified above, the Leacoo agroos to pay to the appropriate partioo, lovioe, asoonsmenta, and charges as hereinafter providodt (a) 041e8 tax now enforced or levied in the future computed upon rent payable in monthly installments whether rent is paid on a monthly or yoarly basis. (b) Intereat at the rate of eight percent (88) per onnum and ton percent (10%) penalties of any amount of money owed under this Leaeo which is not paid on or before the data it 1 r. atv �s .tyai bocomos duo. (a) Additional chargoo, If any, as sot forth in Schoulo A, attached. D. �9lldtyrat 1, UMI except oa grovidod horoin, any regular U00 of lands or facilitioe without the written conaont of the City is prohibited. This prohibition shall not np�+I to USO of rre9L' dvOlgnntod by the CUr fee apooifle8 7ubIto uavu, ouch no paoeongor torminala, automobile parking areas, and otrooto, 2. ueee lacer Cator ttnLAmeD PRQ(j QI Solicitation of donations or the promotion or operation Of any part Of kind of business Of eommoreial ontorprioo, other than an Opoeifically so forth heroin, upon, in or above airport lands, without the written consent of the city is prohibited. 3. 1!@6,EL111=s (trot for collateral purpoeos) LOeeee with City's written conaont, which will not be unroaoonably doniod, ma yy aaolgn, in whole or in part, Ito rights as Loa000 (Lonoohold estato) hereunder. Any assignee of part or all of the loaned premises shall aooume the dutloo and obligations of the Lonsee as to the ouch Part or all of the loasod promises. Ho such assignment, howovor will discharge Loa000 from UP dutioo and obligationo hereunder. 4. SUBLe Tftlat Lenaee may oublot part or all of Ito interest In the ioasohold promises without prior City approval, except that L00000 a rood to pond a copy of his executed subloaa to the City within 10 daya after Ito execution, in addition, al aubieasoo are subjoet to the terms and conditiono of the main lease, and no subletting oholl affect the obligation of the Lessee to perform all of the covonanto required to be performed by the Loecoo heroin. g. T$L'11lTL ttT��r The Loa000 age an to keep the promi000 clean anc in good ordor at Ito own oxpenso suffering n strip or waste thereof, nor removing any material therefrom, without written pormiooion of tho City. At the expiration of th term fixed, or any 000nor determination of the L0000, the Looeoe will peaceably and quietly quit and ourrondor the peomloos to th City. d, pAielipur AP Rntrrc Chocks bank drafts, or pootal money ordera eholl be made payable to the City of Kenai and delivered to the City Administration Building, Kenai, Alanka. 7, COt)BTh! fffOti ApnRQML AM STAffnARDal Building conotruction shell be noat and prosontablo and compatible with Ito uoos and surroundings. 8. DEPAufm REBUT eP IMAXI Should default be made in the payment of any portion of the rent or food when duo, or. in any o the covonanto or conditions contained in the Loaso or in any rogulationo now or hereinafter in force, then in ouch event the City shall give Lesuoo thirty (30) daya attar such written notic, to auto such default or defaults, after which it the default io .not eurod, the City may torminato the Lease, to-ontor and take poaseaaion of the preminos, remove all porsono therefrom. 2 va. CITY Gt VOW 96 LFABH.uTILIZATfQFit f.eaand npaco ahall be utilized for purposes within the neopo of the application (made a part of this Loans and attached horoto) the terms of the Losso, and in conformity with the ordinances of the City and Borough, and in substantial conformity with the comprehensive, plan, utilization or dovolopment for other than the allowed uses shall constitute i violation -of the Lana* and nubloct the Woo to•eanaoilation Ot any time:' I I ! & - 10. C.QVRZTlQtl DE i!iNIOLOs The promises domiaod horoin are improved and ago loaood on on "no to, whoro is" basic. 1i, 929Z& Lenae neCLPTAtters The offor to loase to made subject to apglicablo laws and regulations of City, and may be, withdrawn without notice at any time after thirty (301 dayyo from submission thereof, unless within ouch thirty (30) dayo tba LeOave Mouton and returns the ioaso to the City. 12, ff"OPRIAMITO TZ=1 The intoroota transferred or conveyed by this Loans ago subject to any and all of No covonants, togran, or conditions contained in tho instruments convoying title or other interests to the City. 13. 8IC=-6e 1119rec2tOM City shall have the right of all reasonable times to enter the promi000, or any part thoroof, for the purposes of inspection. 14. INGUR@l10Es L000ee eovonanto to save the Cityharnloso from ail actions, suits, liabilities, or damages resulting from or arioing out of any acts of eor.misoion or emission by tho Loseee, his agents, empioy000, euotomoro, invitcos, or arising from or out of the Leoaoo a occupation, or use of the promisee domiaod, or privileges granted, and to pay all costs connected therewith. In thin eonnoetion, tho Losses agrees to arrango and pay for all the foliovinge (a) Public liability insurance protecting both the City and its officers, employees, and agents and the L000ee, such Insurance to be, evidenced by a certificate showing the i- :onto In force. The amount of ouch public liability insurance shall have iimito not leas than th000 known as 0250,000/0500,000/0200,000, (b) Lessee agrees to carry omployer'o liability Insurance and Workmon o Componoation inouranco, and to f urnioh a certificate thereof to tho City. (a) Insurance contracts providing liability insurance and Workman's Compannation shall provide for not loan than thirt (30) days written notice to the City of cancellation, expiration or sullotantial Change in policy conditions and covorago. (d) Losae,e agr000 that waiver of oubrogation against th City oball be requested of Loaceo'o inouror, and shall be, provided at no coat to the City. (o) Crans Liabiiitys It to undogotood and agreed that the inouranco afforded by thio policy or policies for note than one named insured, ohall not operate to incroano tho iimito of the company'e liability, but otherwine shall not operate to lint 3 IJ 1 r 1 or void the COVOCage of any ono nomad insurod as respects claims against the same named Insured or employees of ouch other named Insured. (f) The insurance procured by Looses as herein required - shall be iasuad in the name of the Losses and the City and the officers, employees, and agents of the the City by a company t liceiteo.: to do bunit,ass in •,.hp titnt-i of Alaokn, and shall contain ondorsomestts that (1) cuch insurance may nOL'he cancelled or amended with respect to the City without thirty (30) days written notice by rogistorod or certified mail to City by the insurance eompsnyt and (2) [,cause ahall be solely responsible for payment of premiums and that City ohail not be required to pay any - premiums for such insurance. 18. ACCR{!(1TTHn 4QLIGATTONt Laacoo agrees to furnish the City an annual sworn statement of gross bueineas receipts and/or any certificate or statdment to substantiate the computation of rents at foos, including reports to other governmental agencies. 18. COLLECTION ON UNAAIO MONffiRI Any or all ronts, charges, fees, or other conaidoration which are duo and unpaid at the expiration of voluntary or involuntary termination or cancellation of this Lease, shall be a charge against the Loosoo and Lessee's property, real or personal, and the City shall have such -lion rights as are allowed by law, and enfoccoment by diatt'atnt may be made by the City or its authorized agent. 17, LEARE g(BORQIN&TQ, T45 PTITAHCTNO RROUTREME11TRf Losses agrees that City may modify this Lease to moat revised requirements for podoral or dtato grants, or to conform to the requirements of any revenue bond covenant. Howover, the �• modification shall not act to reduce the rights or privileges gcantod the Losses by this Lease, not act to cause the L00000 financial loss. 18, all2REMER ON TER11INATION1 Losses shall, on the last any of the term of this Lease Or upon any earlier termination of this Loaoo, surrender and deliver upon the promisee into the possession and use of City without fraud or delay in good order, condition, and repair, except for reasonable wear and toar since the last note racy repair, replacement, restoration, or renewal, fees and clear of all lottings and occupancies unless expressly permitted by City in writing, and free and clear of all liens and - - encumbrances other than those created by and for loans to City. Upon the end of the term of this Lease or any earlier termination thereof, title to the buildinga, improvements and building equipment ahal0matically vast in Clty without _ requirement of any dead, conveyance, or bill of sale thoroon. Howover, if City should require any such document in confirmatio ° heroof, Losses shall execute, acknowledge, and deliver the same -- and shall pay any charge, tax, and fee assorted or imposed by an - and all governmental units in connection herewith. 19. R=s Loosoe shall observe, obey, and comply with al ' applicable rules, etc., of the State or Federal Governments. 20, AIRCRA T O ERATIONB PROTECTEQI There to hereby reserved to the City, its successors and assigno, for the use one bonefit of tho public, a right of flight for the passage of 4 f1 C'1Y OF "NA, 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 ouch 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 are landing at, taking off from, or operating on the Hanoi Airport. (11hon plans for improvements pursuant to paragraph 7 are approved by the Cityy, the City to the extent of those improvements rotosaoa, tho ue•somont !.are o%prfionvd.) 21, UGHT To FRJOYrfSUZ &1mZPACPAr .e PonnEgAlettt City hereby agrees and covenants that the Lessee, upon paying rent and performing other covenants, terms, and conditions of this Lease, shall have the right to quietly and, poacef ully hold, use, occupy, and enjoy the said leased romicos, except that any inconvenience caused by .public works projocts in or about the leasehold promises shall not be construed as a denial of the right of quiet or peaceable possession. 22. LPHSA[? TO PAY TA=s Losses shall pay all lawful taxes and assessments which, during the term hereof may become a lien upon or which may be levied by the Stato, Borough, City, or any other tax levying body, upon any taxablo possessory right which Leases may have in or to the reason of its use or occupancy, provided, however, that nothing heroin contained shall prevent Lessoe from contesting any increase in such tax or assessment through procedures outlinod in State statutes. 23. SPACIAL SPU CUI Lessen agrees to pay Cityy a reasonable charge for any special services or facilities required by Leocoo in writing, which services or facilities are not provided for heroin. 24, t10 PARTHF.RAHIP OR ?OiMT VRt7TLR� l`�nA,a��t It is expressly w�detatooQ thot the City shall not be construed cc hold to be a partner or Joint venturer of Leosoo in the conduct of busincos on the demised premieoal and it is expressly understood and agreed that the coiationohip between the parties hereto is, and shall at all times comain that of landlord and tenant. 25.p(jia _g1({j;grTCY. nT^- t IP the Lesson shall make any assignmont for the benefit oP creditors or shall be adjudged a bankru�t, or if a rodoiver is appointed for the Lossoo of L4e800 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 tbo Bankruptcy Act by the Lessee, then and in any event, the City may, upon giving the Lossoo thirty (30) days$ notice, terminate this Loans. 20. MUDISCRItHIHATIQUt The Lessee, for himself, his heirs, personal cepresentativoo, successors in interest, and aeoigna, as o part of the consideration horoof, does hereby covenant and agree as a covenant running with the land, thats (a) Ho person on the grounds of race, color, oc national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities; 5 L - 10- - -- -- - 'WV - a 0I 0 (b) In the construction of any improvements on, over, o under ouch land and the furnishing of services thoreou, no perao on the grounds of race, color, or national origin shall be excluded from participation, denied the benefits of, or othorwis be subjected to discrimination; (e) .The Losses shall use the premises in compliance wit'. all dthur rocgatromenta imposed by or pursuant to Title 40, Cndo of roderal Regulations, Department of Transportation Fubtitie tt Mica of the Secretary, Pact 21, Nondiscrimination in Federally, assiotod Programs of the Department of Tranaportation--Effoctuation of Title VI of the Civil Rights Art of 1964, and as said Regulations may be amondod; (d) In the event facilities are constructed, maintained or otherwise operated on the said property described In this L0aae, for A purpose Involving the provision of similar services or benefits, the LossoO shall maintain and operate such facilities and services in compliance with all other requiromonti Imposed pursuant to Title 49, Code of Federal Regulations, Department of Tranaportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Pederally-000isted Programs of the Department of Transportation -- Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulation, may be amended. 27. PnRT2AT,.=t�vALIDITYi If any term, provision, condition ;:,Tart of this Loans Is declared by a court Of competent jurisdiction to be invalid or unconstitutional, the remaining tocros, provisions, conditions, or parts shall continue in full force and effect on though such declaration was not made. 28. PAROL2 110DIPICAATIMs It is mutually understood and agreed that this agreement, as written, covers all the agroemonti and stipulations between the portion; and no reprecontations, oral or written, have boon made modifying, adding to, or chongino the terms horeof, or may be made except in writing, signed by al; parties in interest, and approved by the City Council of the City. 29. trtA !lTyct The City does not warrant that the property which is the subjeof thin Lease is oulted 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. 30, tQilPI.IANCR talTu r.na�ar Losses shall comply with all applicable laws, ordinances, and regulations of public authorities now or hereafter in any Mannar affecting the loosed premises or the sidewalks,alloys, streets, and way adjacent thereto or any buildings, structures, fixtures, and improvements Of the use thereof, whether or not any such laws, ordinances, an regulations which may be hereafter enacted involve o change of pcliey on the part Of the governmental body enacting the some. Lessee agrees to hold City financially harmless# (a) From the consequences of any violation of ouch laws, ordinances, and/or regulations; and (b) Prom all Claims for danages on account of In (b) death, or property damage resulting from such violation. Lessee further agrees it will not permit any unlawfu: occupation, buninass, or trade to be conducted on paid preniaen or any use to be made thereof contrary to any law, ordinance, or regulation no aforesaid with respect thereto. 6 Ilk B u 31, CAUR QP 2REItTOG s Loosoo, at Ito own cost and expense,) sball keep the leased premises, all improvements which at any time during the term of this Loans may be situated thercun0 and any and all appurtenances thacounto belonging, in good condition and repair during the entire term of this Lease. 32, LE89EE'3 QnLic.AT=pq To REMOVE MEHas Loocoe will not parmit any liens Including.. tu*. not :lmited to, moahanicu', . . laborers', or matorialmonla Ilona obtainable or available under the then existing laws, to stand against the lObOOd pLemiaes or improvements for any labor or material furnished to Leaaeo or claimed to have been furnished to L000ee at to Los000'a agents, eontraetore, or sublossaeo, in conngation with work of any character performed or claimed to bays been performed on said premlaeo or improvements by or at the direction or oufferonco of Losses, provided, however, Loaaoo shall have the right to provide a bond as contemplated by Alaska law and content the validity or amount of any ouch lien or claimed lien. On final determination of such lien or ouch claim for lion, L000ee will immediately pay any judgment rendered with all'propor costa and charges and oballl have such lion released or judgment satisfied at LeOaee'e own expense. 33. COME11=1011s In the event the leased promises or any part thereof shall be condemned and taken for a public or quasi -public use, then upon payment of any award or compensation arising from such condomnation, there shall be such division of tho proceeds, ouch abatement in ront payable during the torn or any extension of the them heceof, and ouch other adjustments as the pactioo may agree upon as being just and equitable under all the oireunatancoo. If the City and Loaaoo are unable to agree within thirty (30) days after ouch an award has boon paid into Court, upon what division, annual abatement in cent, and other adjustmonto are ust and equitable, the dispute shall be Aotormined by arbitration provided in Item 39 horeof. 34. ARMTRATIMIs (a) In the event the parties ohali be unable to agree fie to any matter provided for in this Lease ouch dispute shall be determined by three (3) disinterested arbitrators, one of them aholl be chosen by each of the parties hereto and the third by the two (2) so chosen, and the expense of arbitration shall be borne equally by the parties. (b) The party desiring arbitration, as aforesaid, ohali give notice in writing to the other party of ouch desire, naming the arbitrator selected by it, and five (5) days after giving of ouch notice the other party ohall select its arbitrator and in the event the two arbitrators chosen shall fail, within fifteen (15) days after their selection, to agree upon tho 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 It neither is in default, appoint within fifteen (15) days after Ouch request, an arbitrator, or arbitrators, to fill the place or places romaining. (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 cold arbitrators, and one copy ohn11 be delivered to each of the parties hereto. F 'VA _ - ,r — ;STY tj IVIA, (d) Except as apscificaily provided for in subooction i (o), (b), and (c), the uniform Arbitration Law of Alaska shall govern the arbitration(a) contemplated herein. i f sooner termination of thettoanor the Loaaootwillope fixed or any peaceably and quietly quit and surrender the premises to the City. 36. pnarr•.cTYQ.. gug pp�go 'To protoct the position of any oubtgnant(a) hereafter. properly obtai,ntng.anyY intoreat3 in, the leaachoid odtatj grr.mted Ladaee heroundu`r,nC4�Ey agioea "thaat in the event of- the eanceil2stion, termination expiration, ors, surrender of this Loans (the ground lease), trio City will accept the Subtenant, its successors and assigns, as •its loose for a period equal to the full clapsod portion of the term of the sublease, including any extonsions-or renowalo thereof not exceeding the term of thin Lease, upon the came eovenanta and conditions therein contained, to the extent that said 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 ouch subtenant ahal make full and complete attornmont to the City for the balance of i the term of such sublease so as to establish direct privity of - estate and contract between the City and the oubtonant with the same force and offset as though such oubl0000 was originally mad directly between the City and ouch oubtonant: and further provided such subtenant agrees to comply with all the pcovioions Of the ground Loose and all the tormo of any mortgago,•dood of truat, or security assignment to which such l0000hold estate is subject, except the payment of rent undor the ground Lease and the payment of any debt socvieo under any such mortgage, dead of ` treat, or security assignment. 37. feaBOnB ig uvreaesms This Lease shall be binding upon and a'sall inure to the benefit of the respective successors and aooigno of the parties hereto, subject to ouch opocific limitations or assignment as are provided for heroin. 38. "g..iWs This indenture of Loose ohell be governed in all rospocto by the laws of the State of Alaska. (a) Any notices required by this Loose ahail be in writing and shall be deemed to be duly given only if delivered personally or mailed by eortified or registered mail in a prepai onvolove addroaaod to the parties at the address set forth in th oponing paragraph of this lease unless such address has been changed pursuant to sub-paragra h (b) hereafter, and in that coo to the most recent address so changed. The City shall also mail a copy of any notice given to the Lasses, by regieterod or certified mail, to any leaaohold lender (mortgages, beneficiary of a deed of trust, security aonignoo) who shall have given the City notice of such mortgage, flood of trust or security assignment. (b) Any ouch addreaces 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. 8 0 �TfV fjA� 40. 9(jTQX &W RE-sl In the event that the Leaae she be terminated as heroinboternvfoco provided, or by flummery proeoodi thereof ahould beiabandonednbytthe Loaseee duringaBaidoterm, tt L0000c or Ito agontoflorvantfl, or ropronentativea may, Immediately or any time thereafter, co-ontor, and cosumo poaoosslon of Baia lando or ouch part thereof, and romovo all pocaono and property therefrom, either by summary proeoodingga y a suitable action or proceeding at law without going liable for any dPmages'therofor. NO eo-antry b+• the Leavor shall be dePmod an aCeoptancb of a ourrendor of the Loaoe. ahouldl O terminated bo�'�f any b1 in roach by thetLoaeooesoo heroin provided, the rental payment last made by the Looeee gh be forfeited and retained by the Loscor as partial or total liquidated damagoo for said broach. 43. lvptc= The receipt of font by the Losaor w !.nowlodgo of any broach of the Lonna, by the Leoaoo, cc any default on the part of the Loseoo in odsorvaneo or perfocnaneo any of the eonditiono or covenants of the Lease, aholl not be doomed to be a waiver of any provisions of the Loans. No fail thereinpcontaained# not any waiver any r ightatforoundociby V covenuntonorsprovisions, Of affect thearightcof the Looporuto enforce the same in the event of any oubooquont broach or default. The receipt, by the Lessor, of any rent or any other sum of moneyy after the termination, in anY manner, of the term thoroin domiaod, or after the giving by the Lessor of any noti, thereunder to effect ouch termination, shall not reinstate, continuo, or extend the resultant term therein domiaod, or destroy, or in any manner impair the efficacy of anynoyyor of ouch noti4 the terinationve been ofven anytDuchusumranhe Looti consideration, unlosO so agreed to in writing and signed by the Lessor. 43. ger Unlace the Wean is renewed or sooner terminated as provided heroin, the L000eo ohali poaccab] and qguietly leave, surronder, and yiald up unto tho LOOsoc all the leased land on or before the loot day of the torm of the Lonna. 44. RULL UG AEfi =ttc� cenra, Loosed lands shall be aandiculODed iandcregulati not oftcolduauthority xV4Llurortondocoo shall conntituto a default. 49. PIR2 raoTPCTIeri: The Loflflee will take all reaeonable pcocautiona to provent, and take all necoonary action to fluppco destructive or uncontrolled firea, and cenply with all love, regulations,and themareatwherein the leaned ptemiaon nro located. 46. li L CAtfCt Li:ATlottr 1.e00e0 in good standing may be cancelled in wllola or In pact at any time upon mutual written agreonent by Lobaee and the City Council. 9 r it C .i f: 4 .1 f • I� -d 47. NUAtirut,..jupP_.P.j30il =Tj`Qs Gesaoe [)hall not olio" the ioaeohold prcm1000 to be Hood for an unlawfui,purposo, 40, Al$liQVAL._OP 02110n AIITIT-OTIP,Bs The ioouance by the City of wagon dote not roliovo the uosnoo of responsibility of obtaining liconaos or permits no may be required by duly authorized norough, State, or Padoral agoncloa, 49. Should it be necessary to re- assign Loosoo to a different area of the airport torminai, the parties agree as follovos At leant thirty (30) days written notice, in normal circunatancoa, but since plans are now boing laid for a complete renovation of the terminal, a move required for such renovation ohall be made immediately to accomodato contract0900 work force, it will be the intention of the Losoor to gioo Losses as much notice in advance so possible of ouch reassignment. The costa of rolocation, includingthe costs of moving and setting up counter and related faciiittoo, @hall he borno by the airport torminai and may, upon the a roemont of the Pat lost be subtracted from the monthly rant duo by Lsssoo to then Airport torminai, should roaooignmont and relocation be necessary, Leasoo shall be provided and afforded equivalent space, in tormo of both area and location, as that which it prosentiy occupies, to the extent found feasible by the Airport Operations Nanagor, in WIT11009 "11FI ROV, the parties horoto have hereunto not their hands, the day and year stated in the individual acknowledgmanto below. LeSROBs CITY OF REPAt II Bys William J. Brighton City Nanagor Losses$ n1l. Ar Qatun t•.-.��+C. flamo & ,, (If 1e0000 is a corporation) ATTr.BT s Ffnne `Citle 10 fA 0 STATE AB ALAMIA 1 )ne THIN JUDICIAL DIATHICT ) THia IS To CERTIFY that on thin day of 1981, 1116bIAll •f, 1181611TOD, being personally known to me or having producod eatinfaetocy ovideneo of idontification, appeared hotore m!5 and AoknowloJ1ed the vclrintacy and «uthoclud uxeeution of the foregoing !•.atrument for the municipal corporation named and'!rt.' the capacity indicated in tho oxoeution thoroof, Notary Dubiie for Aiauka fly Connionion P,xpiroo i STATE OF ALASKA ) )nc THIRD JUDICIAL 016TRICT ) THIS IS To CERTIFY that on thin - day of , 1981, 11 being peroonally known to no or having produced oatiotaetocy ovidonco of ldontifieationt appeared before me and aeknowladgod the voluntary execution of tiler forogoing ineteunant, Votary Public for Alanka My Connicaion rupirons STATE Of ALAAUA ) TNliili JUDICIAL OIt3'rRICT 113 0 T1 to 9 CRATIDY that on thin 1. da of , 1981, ,,f , being pernonaily known t e-o� iHaving produced sotinfactory eviAanco of identification, apgeaccd before me and acknowiodgad tho voluntary and authorized execution of the foregoing lnatcument for tho corporation nomad and in the capacity indicated in the oxecution theroof, tin ar Publi Monk&...» by cos.nlaoion pxplcoa:s=/� .t Approved an to lease form by City Atternay iinitialal Approved by Finance Director Ini1:l�1s1 t Approved by City Vrnarrrlr 1 LVAP?, A1'i^,rG'J"fl Ly t'Ity r-rancii t;-.i:3 .,_ day Cr , 17ei, ' City Clerk i • 12 i i 1 ri d,( 0 -1 I 1 f f DA'CCUs •.1uly Igo 1979 HOT TO OCALE ?.L A7 • R{�Of_ 1.Ho. Current_Uaa Roo_ m 11?• Current use 1-6 L��un��.• And Cr1Le 1G 1101or Pent-Cw 7 Janitor' n Rbom 15 list;. Counter 1.7 KA3 Counter -. g rAA 1;ciui.pmOnt Room in AAI Ticket Counter •• ••• 9 PAA Of f icc SPOCr: " ri 7•AiSnro Of Space t+AI Office SirA .^ 1 it 1'-2n Know 20�Z1,22 Ci;l Of yona£ of icws tt 12 IsoiiRo (loom 23 AAI Freigilt Counter F 24 AAI Freight Office 13 1.1^_n'r, Pan'troom 25�30 Cargo Area _.. 14 Women s RQntroom 28 Avis Counter 2g gli�ttt 5,!%r:•i-c Untir)n �uttictintrzj Air t 32 Raven `trans t o 0 ' r cyW r}{.fpAi .1.1- nI ♦n i✓ BCHODULE A Lease dated day of , 1001, between the CITY OF KENAI, a Tomo-rule municipal corporation of Alaska, hereinafter called "CITY" and The Car Company, P. O. Box 967, Kenai, Alaska 99611, NONE. 1. In addition to the rents specified on the per square foot basis, LEBBEE agrees to pay to the CITY an additional charge of ton egcont (106) of LE88EE88 gross receipts on a monthly basis tot he privilege of conducting business authorized herein. 2. The term "Rental Car" no used in this agreement, shall mean the business of renting passenger cars and trucks for periods of time not in excess of sixty (60) days. Each rental transaction shall be by a separate agroemont, 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 aevlas the Airport Manager whop additional contract numbers ago assigned for the Airport operations. a. Green receipts of the rent -a -car business shall be the total amount of the time and mileage charged on car rental transactions. 4. Orono receipts from the sale of personal accident lnouranco shall include all lnuaneo premiums roeleved but shall not Include bona lido refunds made for cancelled poiiclos. S. All payments shall be made monthly within twenty (20) days alter the end of each month# and shall be accomplished by a separate certified atatemont showing gross receipts from each of the businesses herein authorized for the month for which payments are mado. It any ouch certified statements are found to be Incorrect statements of gross revenue for the month involved, any additional amount determined to be duo the CITY shall be lmmodiatoly 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. a n T 1% r KENAI CITY COUNCIL JUNE 3, 1981 r Verbatim Translation ` G-15 Discussion - Award Contract to Dowling/Rice & Assoc. - Gymnasium Design -Build Package Preparation Ron Rice: Yes, sir, I have some rough figures that Kayo and I have reconstructed. I don't have the actual docu- mentation with me, I'm sorry to say. The figure as far as I know that Councilwoman Glick just quoted here, the $567,0001 is our total appropriated funding to the project as of today. Out of that the cost of the original contract with Blazy Green J/V, was $497,000 approximately (I rounded things off to the $1400 neighborhood to keep them as simple as possible with this raft of figures). We're looking at $497,000 worth of original contract. Now I might at this point also state that we had also received three proposals from contractors to construct this structure. We were under budget constraints as to how much money was available for the structure, the Commission was not comfortable with asking the Council to include a large amount of funding from the City's capital improvement projects toward construction of this building. Therefore, the Recreation Commission recommended that we take the project that was proposed to us that fit within our means. That was the building we have now constructed. In addition to that $497,000 worth of original contract costs, we have $28,000 worth of engin- eering administration costs in terms of inspection on the project. We•also have a $2,600 cost which is not included in this 0567,000. That *as the cost to put together the original design built packet. That $2,000 is a little figure we can add on to that $567#000. After we had reached the point.where we were ready to begin contruction, the sense of the Council - if I recall - at that point was that we should go ahead and accept the basic bid along with one of the alternates involving the installation of carpeting on the lower level together with ceramic the in the bathrooms. That constituted the 0497,000. In addition to that there was a change order which we requested of Council to provide some windows in the structure, that originally did not include any windows in the upper level, and also to provide a heat exchanger so that we might recover some of our waste heat once we had heated the area inside the building, it was a shame to exhaust it. The contractor's original proposal did not include that heat exchanger. He did see where that may be a desirable point in the project so he included it: as an alternate and the Commission recommended that we take up that alternate. The final portion of that change order #1 was to provide a ramp entry in the front, that is a driving ramp entry in the front instead of having a walk-up stair well with a wheel chair ramp or handicapped ramp attached to that. We thought it would provide a more pleasing building esthetically if that were a drive -up ramp rather than KENAI CITY COUNCIL C June 3, 1981 Verbatim Translation Page 2 a walk-up ramp. After we had begun construction, and as I say with the sense of the Council that we should also include racquetball courts in the building, we began trying to work down the number that we had originally received on the racquetball courts. That original number included with the prime contractors' proposal was $59,900. We did put some effort into that. We tried a number of different approaches on that. We finally settled on just asking for proposals from the people that we had already contacted and been dealing with. That resulted in a contract being written with Hollman Courts for the in- stallation of the courts and the floors and the provision of the lighting in the courts. We came back to Council with that resolution requesting that Council approve additional funding in the amount of $6,500 to the original project (cough) $525,000. We had at that point saved some $3,900 over the contractors' original bid to install the racquetball courts and at that point the number that we asked Council for - the additional $6,500 and the approval of hiring Hollman Courts - we did give Council the information that the cost of the court system was not the whole ball of wax. If we hired Hollman to do that, we were also looking at the cost of freighting the courts C up here, the cost of installing the lighting systems and the cost of finishing off the last eight feet of ceiling and the upper eight feet of the back wail, which in an ordinary racquetball club situation is a completely open area. That's essentially an open-air area, so the court doesn't come packaged with those portions of the walls covered, because ordinarily they're not there. That represented, if my memory serves me correctly, a 056,000 addition to our original contract. We're talking about building costs here now. At a later date we again approached the Council with a request for funding to install spas, saunas and lockers. The racquetball courts and the spas and saunas were alternates in our original contract bid. They simply didn't fit our budget at that point, so the feeling of the Commission was that we shouldn't recommend something to Council that we couldn't see ourselves how it could be paid for. We later did elect to come back and see if Council was interested and in fact having those facilities installed not withstanding the direction of Council at the very beginning of the project to make sure we had racquetball courts in there by the time we got it all said and done. So we came bank and asked for an additional - I believe it was $36,000 - for spas, saunas and lockers. Now as of this point we have not taken any irrevocable steps in terms of actually spending that $36,000. Should Council elect to, they certainly would have the option to remove that $36#000 from this project if they feel that cost is 1.1. i,.., Yl:.: .1/` __- . M f KENAI CITY COUNCIL C June 3, 1981 Verbatim Translation Page 3 getting too high. That leaves us at that point, assum- ing that we leave the $36*000 in, with a total allocated cost of $567#000. Of that $567,000 the architectural and engineering fees on this project complete - not only our firm's time but the contractor's architects' time - involve approximately 14.5% of the total project cost. I'm rather proud of that figure myself, because these costs are ordinarily anywhere in the neighborhood of 18% to as high as 26%. So I think we've done well in terms of keeping a handle on that cost. The cost of the building total, including the spas and saunas is going to be in the neighborhood of $63 per square foot. We can compare building types and we can compare building costs. Nevertheless we did get a facility constructed that I think will be reasonably energy efficient in light of today's energy costs for the price of $63 a square foot. Obviously we have some things that people are dissatisfied with over the way the project happened and the end result. I think we can address most of those as Mr. McGillivray has already said in terms of our design packet on the second time around. One of the things that.has occurred to me is that we should come before Council with prospective drawings of how we ex- pect this building to look, at least from the exterior, together with perhaps plan drawings of the floor spaces so we can see what kind of use areas we are talking about. Getting an idea of what the building looks like from the outside and giving that to the proposers that we're re- questing actual packages from should enable us to assign a good deal of constraints to the architectural appear- ance of the structure. It has been my understanding that's where a good deal of the complaint has come from that we had a building there that looks somewhat less than a mun- icipal stuucture. It is, in fact, a low cost building. It's wood frame, we may not necessarily be constrained to wood frame with the addition of the gymnasium. There are other building types that could occur there and would blend in with the existing architecture. But this is something that if the Council elects to go with the design -built proposition, we should address before we actually go out for construction. et Whelan, City Cler "9711..�- 1 1 0 AGENDA ` KENAI CITY COUNCIL - REGULAR MEETING JUNE 17. 1981 - 7s00 P.M. PLEDGE OF ALLEGIANCE A. ROLL CALL 1. Agenda Approval 2. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non -controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council member or citizen so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. --rt B. PUBLIC HEARINGS 1. Ordinance 683-81 - Increasing revenues/appropriations - City Administration Building parking lot construction - $29,000 -JC. PERSONS PRESENT SCHEDULED TO BE HEARD 1. Donald b Karen Creamer - Lease on PBO Subdivision, Lots 1, 2 6 3 r 2. Jerry Thomas - Dollar -Rent-A-Car - Rental space at . terminal 3. Tom Yerbich, Attorney- Public use of Salamatof Dock D. MINUTES 1 1. Regular meeting - June 3, 1981 E. CORRESPONDENCE F.,. 1. Ed Garnett, attorney - Street maintenance *_ .j . P. OLD BUSINESS AGENDA - June 179 1981, Page 2 G. NEW BUSINESS *1. Bills to be Paid, Bills to be Ratified *2. Requisitions Exceeding $1,000 3. Ordinance 687-81-Increasing rev/appns - Gymnasium, preparation of design -build - $3,450 4.. Ordinance 688-81 - Amending KMC - correction in penalty clause - Public Utilities & Enterprises 5. Ordinance 689-81 - Amending KMC - Requiring Applications for leases be complete before filing 6. Ordinance 690-81 - Increasing rev/appns - Administrative support for Harbor Commission - $16,000 7. Ordinance 691-81 - Increasing general fund - salaries and benefits, Parks Department - $3,500 8. Ordinance 692-81 - Increasing rev/appns - Senior Citizen Grant, FY 81-82 - $10,970 9. Ordinance 693-81 - Increasing rev/appns -Construction of Small Equipment Warehouse - $13,985 10. Ordinance 694-81 - Increasing rev/appns - Senior Citizen Project - $28,600 11. Resolution 81-64 - Transfer of Funds - Machinery, Equipment, Kitchen Items - $2,000 12. Resolution 81-65 - Transfer of Funds - Part Time Employees, Recreation Center, June, 1981 - $2,500 13. Resolution No. 81-66 - Awarding Janitorial Contract Airport Terminal 14. Resolution 81-67 - Award of bid, Small Equipment Warehouse - $49,985 15. Resolution 81-68 - Requesting a Grant in Amount of $643,500 from State (Port Facilities Grant) *16. Sewage Treatment Plant-CH2M Hill, Progress Report #25 - $21,300 *17. Sewage Treatment Plant - Northern Test Lab - $320 *18. Water & Sewer, Section 36 - Trans Alaska Engineering - $7,033.42 *19. Fidalgo Street -Peninsula Engineering, Statement Ii5-$8,188.65 *20. Fidalgo Street -Peninsula Engineering, Statement #6-$13,707.95 *21. Fidalgo Street Improvements -Quality Asphalt-$37,566.30 *22. Frontage Road - Wince, Corthell & Bryson-$8,901.90 23. Frontage Road - Doyle Construction -Periodic Estimate #4- $79,124.66 *24. 1980 Airport Electrical improvements -Wince, Corthell & Bryson - $19493►55 *25. Forest Drive & Gill Street - Wince, Corthell & Bryson - $6,672.02 *26. N. Dogwood, N. Lupine, Phillips, Candlelight, Linwood Sts. - - improvements - Wince, Corthell & Bryson - $18,643.87 *27. Water & Sewer, Linwood 6 Candlelight - Wince, Corthell & Bryson - $12,564.13 *28. Spruce, Birch, First, Second, Third, Fourth Streets improvements -Wince, Corthell& Bryson-$16,532.95 A AGENDA - June 17, 1981, Page 3 II . `�G. NEW BUSINESS (continued) I *29. Kenai Interceptor - Tam Construction Inc. - $128,323.21 30. Water 6 Sewer, N. Kenai Spur - Doyle Construction Periodic Estimate #3 - $412,937.35 H. REPORTS 1. City Manager y 2. City Attorney 3, Mayor 4. City Clerk 5. Hinance Director 6. Planning 6 Zoning -- 7. Harbor Commission I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD ADJOURNMENT . f KENAI CITY COUNCIL - REGULAR MEETING, MINUTES JUNE 17, 1981 - 7sO0 PM CITY ADMINISTRATION BUILDING MAYOR VINCENT OIREILLY PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Presents Vincent O'Reilly, Betty Glick, Jess Hall, on Ma ston, Ray Meanies, Dick Mueller, Tom Wagoner Absonts None AGENDA APPROVAL Mayor O'Reilly said Public Works Director Korneiia had requested Resolution 81-69 be added as itom 0-31. He noted if we didn't put it on, the state will shut the project down. Public Works Director Hornolis explained, the wiring had to be a waterproof type and had to be done by a licensed electrician. It was never up to Code, the work has already been done. Councilman Wagoner noted it will cost 01,190. Why are we transforing $2,3007 Mr. Horneiis replied this is not all the job. He added this just happened yesterday (6-16-81), so he did not know in time for the packet. Council agreed to the addition. B. PUBLIC HEARINGS 9-1 Ordinance 605-81 - Increasing Rev/Appns - City Administration Bldg. Parking Lot Construction - 029,000, MOTIONS Councilwoman Glick moved, secondod by Councilman Measles, to adopt the ordinance. There was no public comment. Motion passed unanimously by roll call vote. C. PERSONS PRESENT SCHEDULED TO BE HEARD C-1 Donald i Karen Creamer - Lease on P80 S/D, Lots 1,2 a 3. Karen Creamer noted Aero Union made application In May, since then they have moved forward on their plans and have gone to Planning i Zoning meetings. " They will have six DC-41s in service, they anticipate employing approximately ton people permanently. This does not include the California personnel currently employed. The north and development does not include lots 1,2 & 3. A five year limit is not reasonable. They would like a 20 year -plus lease with option to renew. They hope to finish their development by snowfall this Pall. Councilman Wagoner asked, is there a particular reason for Lots 1,2 i 3 and not moving further down? Kra. Creamer explained, Lots 4,8 i 6 have been given to others, Lots 10,11 i 12 do not have access except off Lots 7,8 s 9. Lots 1,2 i 3 are closer to the terminal, it would be moot '? aonvoniont for them and they plan to fuel consumption for large aircraft. She added eompanieo cannot make L KENAI CITY COUNCIL JUNE 17, 1981 Pago 2 a profit in S years. Councilwoman Glick noted at the last Planning a Zoning meeting, they recommended Lots 1,2 ` 3 be roloaood for lease on a long term basis. NOTIONS Councilwoman Glick moved, seconded by Councilman Maiston, the Council rescind their previous action retaining these lots Only for a five year lease and allow them to be leased on a long term basis for development. Councilwoman Glick noted Council had changed a pro- posed green belt area when Kenai Air proposed a Plan. Councilman Wagoner said Council should wait till they hoar from Juneau. He would like to see additional planning around the area. Pubic Works Director Korneiie said he is still against the pro- posal, but there is a lot of froight service there and our schematics do not include air freight. Councilwoman Glick said we could consider a second story instead of an extension of the terminal. Mrs. • Creamer said the heavy cargo she in talking about can be handled better at those lots: Aero anion Is giving the City 600 feet and taking 200, until the City increases the fish flying, they will not need this much land. Notion passed, with Mayor O'Reilly, Councilwoman Glick, Councilmen Hall, Malston voting yeas Council- men Measles, Mueller, Wagoner voting no. Mayor OfRoilly asked that the Creamera contact City Manager Brighton. C-2 Jerry Thomas - Dollar -Rent-A-Car - Rental Space at Terminal Atty. Dolahay oxpiainod there have been discussions with City Manager Brighton, Mr. Thomas and Attyy. Delahay and they fool it can be handled by Administration. Council agreed to the action. C-3 Tom Yerbich, Atty. - Public Use of ealamatof Dock. Mr. Yerbich soforred to Atty. Delahay'a memo. no was not sure their rates become moot as of this date. (6-17-81) Their major problem is two -fold. one, Atty. Delahay has referred to. The other may negate the first - access. They have a real problem trying to handle the vehicles. They have physical space for 'ne vehicle at a tire. It they take at a first coma, first served basis, they would have a monumental traffic jam. They do not have room for two-way traffic. They have seven applications, the most they can handle is two, perhaps three if the pro- coasor had one tender. The time involved is docking boats, not unloading. This disrupts their entire operation. They have got to have priority. They are in a bankruptcy situation, they have to have maximum effort to survive. They would like to seo the City build a finger pint un the crest side. They could work out an agreement for use of the land. They Propoao to put out to the highest bidders and work with the highest two or three. They fool their rates are reasonable. ­1 .— r -- KENAI CITY COUNCIL Juno 17, 1981 Pago 3 Councilman Wagoner said it in too late in the season to start a fingor pior. We should discuss with Salamatuf the feasibility of expanding the dock. Mr. Yerbioh said a finger pior appeared to be the moot economical. They are not sure if the demand would be sufficient to go to largo scale operation. - Ranger Nelson, Cook Inlet Processing, spoke. The major issue is the first come, first served problem. It the fishermen are required to go to the end of the lino they do not have use of the dock. Also, their rates are now the highest on the Peninsula. This is enough of an advantage without our fish- erman having to move to the and of the line. Also, regarding insurance. No other public dock requiros this. Mayor O'Reilly asked if tho'fhad an opportunity to goo if .truck access could be scheduled? Mr. Nelson ropliod he believes there is a problem with 7, but not with 2 or 3* Councilwoman Glick noted fish bought from Bristol Bay would not affect boat loading. Mr. Yerbioh replied he is hopeful with 2 or 3 it will work better. Me is looking at a "worst case" situation. He added, traffic is not just processors, but also Salamstof traffic from Bristol Bay. Councilwoman Glick said there are only 2 or 3 days fishing per weak, it could not be that many days. We should have public use. Mr. YeLieh replied they give a percentage of use to the public now, they eanpot use it. Council- woman Glick asked, why are we having problems with public use? Has no one used it in the past? Mr. Yorbich replied that was right. Councilman Wagoner asked, why couldn't the fuel pump be moved? It could be moved back. That would open up the east and. Mr. Yerbioh replied Salamstof is operating under a bankruptcy court and cannot make capital expenditures. Councilman Wagoner replied, that is maintenance. Mr. Yerbioh added, there is a question of priorities, the problemo are monumental. MOTION# Councilwoman Glick moved, seconded by Councilman Wagoner, to approve the rate schedule as submitted by sala;mtof Seafoods and request they follow the outline of the lease in off-loading fish boats on -a first come, first served basis. Councilwoman Glick added it can be put out to bid, but Salamatot does not have priority. Mayor O'Reilly asked, they will limit accepted bids? Councilwomap Glick replied, no, they said they could best serve 2 or 3, but the public has to be served on a first come, first served basis. Mayor O'Reilly requested he abstain from voting, as Alaska Pacific Bank has a first mortgage on Saismatof. Motion passed, with Mayor O'Reilly abstaining. D. MINUTES 0-1 Regular Meeting, June 3, 1981. Clock Whelan asked that page 13, lot paragraph, line 3, the amount of 6.63 be changed to 063. r­��i 1 f _ l , • • _ , F:W_ __ HENAI CITY COUNCIL Juno 17, 1981 Pago 4 Clerk Whelan said page 17, item H-6, N2, the Public Works Committee should be added to the meeting. Clerk Whelan said pago 1, item B-2, MOTION, Amend- ment, the Airport Terminal Fund be changed to Planning 6 Zoning budget. Clerk Whelan said page 5, item B-10, the motion passed unanimously by roll call vote. Councilwoman Glick asked if page 6, item C-1, was the terminal extension 112 ft.? Mr. Gintoli replied it was. Councilwoman Glick asked if page S, item 0-4, did Councilman Mueller mean to say "an increase of 850?" Councilman Mueller replied he meant to say, "decrease to 825." Councilwoman Glick said pale 17, item H-7, pare- Iraph 3, line So. the word beater" should be better." Councilman Measles asked page 6, item B-6, NOTION, Amendment, paragraph 2, the sentence be changed to read, "Councilman Measles said the 500 cap will mean more will be taken from the general fund and put in to the airport fund," Council approved the minutes as changed and corrected. E. CORRESPONDENCE E-1 Ed Garnett, Attorney - Street Maintenance There was no response by Council. F. OLD BUSINESS None 0. NEW BUSINESS Councilman Holston said he wished to object to the Consent Agenda. CONSENT AGENDAt Finaneo Director Brown requested items 0-2 and 0-21 be deleted from the Consent Agenda. Councilman Holston asked that items 0-1, 0-17, and G-20 be deleted from the Consent Agenda. 0-16 Sewage Treatment Plant - CH2M Hill - Progress Report i 25 - 021,300 0-IS water & Sower, Section 36 - Trans Alaska Engrg. - 07,033.42 0-19 Fidaigo St. - Peninsula Engrg. - Statement 15 - 89,199.65 G-22 Frontage Rd. - Wince, Cortholl. a Bryson - 09,901.90 0-24 1980 Airport Electrical Improvements - wince, Cortholl & Bryson - $1,493.55 G-25 Forest Dr. & Gill St. - wines, Cortholl & Bryson - 06,672.02 G-26 N. Dogwood, 9. Lupine, ^hillips, Candlelight, Linwood at. improvements - Wince, Cortholl & Dryoon - $19,643.07 0-27 Water & Sower, Linwood a Candlolight - wince, Corthell & Bryson - 012,564.13 G-29 Spruce, Birch, First, Second, Third, Fourth St. Improvements - Wince, Cortholl & Bryson - $16,532.95 Y � MEN 11=11i,66111i KENAI CITY COUNCIL i June 17, 1981 Page 5 i 0-29 tionai interceptor - Tam Construction, Inc. 0128,323.21 { MOTIONS i Councilman Moaeles moved, seconded by Councilmen Wagoner, for approval of items on the Consent Agenda with the exception of itemo requested to be deleted. i Motion passed unanimously by roll call vote. j t G-1 Bills to be Paid, Bills to be Ratified I MOTIONt 1 Councilwoman Glick moved, seconded by Councilman Measles, to approve the bills as submitted. M Councilman Malston asked about the sales tax pay- f ment to Kenai peninsula Borough. Finance Director Brown explained there was eaios tax duo and this is the agrooment worked out with the Borough. Councilman Malston asked if Spruce Equip, was a ' local firm. Public Works Director Kornolis replied . they are. Councilwoman Glick asked if the freight on the racquet - bull court was not included in the total. Recreation Director McGillivray replied it was included in the total, the bill just now acme in. Councilwoman Glick asked about the grass seed charged to the Water Dept. Mr. Kornelis replied it was for landscaping around the well house. - Motion panood unanimously by roll call veto. G-2 Requisitions Exceeding 01,000 Public Works Director Kornelis requested the requisi- tion for Air Tek be changed to 03,499, a P.O. be added for 01,1g0. A number of lights were out, he found the break was caused by the contractor. He will pay for the job. Councilman Wagoner said it looks like they will go to a not-to-exaoed figure and then quit. He thought the City should re -bid. MOTIONS Councilwoman Glick movod, seconded by Councilman Heaslos, for approval of the requisitions, modifying the amount for Air Tok to 03,495 and adding Twin Cities P.O. for 01,190. Councilman Wagoner asked, whet are the kitchen ' utensils to Boxer-Marcus7 Finance Director brown j replied that it for the Council on Aging, the too-, olution is later in the meeting. Motion passed with Councilman wagoner voting no. 0-3 Ordinance 687-81 - Increasing Rev/Appns - Gymnasium, Preparation of Dcaign-Build - 03,450 I MOTIONt f. Councilman Malston moved, seconded by Councilman -� Moaslos, for introduction of the ordinance. Councilman Wagoner said this may be premature, by N KENAI CITY COUNCIL Juno 17, 1981 Page 6 next meeting we may have the facts in hand as to whether we need this or not. Finance Director Brown said this is just an introduction. Councilwoman Glick said the architect and inspection foes for the City Hall,schcol renovation work, and State facilities have been lose than 14.8%. We should sea if we are getting our money's worth. Councilman wagoner said the University is 14.81 and is the highest in the State. Generally a contractor is the boat way to go. Motion passed, with Mayor O'Reilly, Councilman Holston, Measles, Wagoner voting yes# Councilwoman Glick, Councilmen Hall, Mueller voting no. G-4 Ordinance 699-81 - Amending KMC - Correction in Penalty Clause - Public Utilities 6 Enterprises MOTIONt Councilman Malston moved, seconded by Councilwoman Glick, to introduce the ordinance. Motion passed unanimously by roll call vote. 0-5 Ordinance 689-81 - Amending KMC - Requiring Appli- cations for Leases be Complete Before Piling Atty. Doiahay reviewed the amendments. MOTION: Councilwoman Glick moved, seconded by Councilman Maiston, to introduce the ordinance as recommended by Atty. Deiahay because it boat meets the needs. Councilman Ralston asked that the 3rd WHEREAS be removed, because the City.may not want to take the lot come, lot served basis every time. it may not be what we want for the property. MOTION, Amendments Councilman Ralston moved, seconded by Councilwoman Olick, to remove tho 3r4 WHEREAS. Atty. Doiahay explained a motion was not necessary. He can make all changes for the next meeting. MOTION, Withdrawal# Councilman Ralston, with consent of second, withdrew the Motion Amendment. Motion passed unanimously by roll tali vote. Atty. Delahay said he would bring the amended ordinance to the next meeting for approval. 0-6 Ordinance 690-81 - increasing Rev/Appno - Adminiotrativo Support for Harbor Commission - $10,000 MOTIONS Councilman Measles moved, soconded by Councilman Wagoner, to introduce the ordinance. Motion passed, with Mayor O'Roilly, Councilmen Hall, Hassles, Wagoner voting yes# Councilwoman Glick, Councilmen Ralston, Mueller voting no. ■ . cI I KENAI CITY COUNCIL Juno 17, 1981 Pago 7 0-7 Ordinance 691-81 - Increasing Genl Fund - Salarica i Benefits, Parka Dopt. - 03,500 MOTION# Councilman Malston moved, seconded by Councilman Measles, to introduce the ordinance. Councilwoman Glick asked, are there no other funds in Parks for transfer other than Fund Balance? Rea- reation Director McGillivray replied no. Motion passed unanimously by roll call vote. MOTION, Znd Readings Councilman Moaalos moved, seconded by Councilman Mueller, to have the Znd reading of the ordinance. Notion passed unanimously by roll call vote. MOTION, Adoption Councilman Maloton moved, seconded by Councilman Mueller, to adopt the ordinance. There was no public comment. Notion Fanged unanimously by roil call vote. 0-8 Ordinance 692-01 - Increasing Rov/AppQs - Senior Citizen Grant, FY 81-02 - 010,970 MOTION# Councilwoman Glick moved, seeondod by Councilman Malston, to introduce the ordinance. Notion passed unanimously by roll call vote. G-9 Ordinance 693-61 - Increasing Rov/Appns - Construction of Small Equipment Warehouse - 813,985 NOTION# Councilwoman Glick moved, seconded by Councilman Measles, to introduce the ordinanae. Notion passed unanimously by roll call vote. NOTION, Znd Readings Councilwoman Glick moved, seconded by Councilman Measles, to have the Znd reading of the ordinance. Councilman Wagoner objected, stating he wished to sea a set of plans. Finance Director Brown said roo- olution 81-61 is later in the agenda, the bid cannot be awarded if the Znd reading is not tonight. (6-17-81) The Federal money will lapso on Juno 30, 1981. we would have to roappropriate the money next year. Councilman wagoner withdraw his objection, but stated he didn't think this was apropos. No one has seen copies of the drawings. Public works Director Kornolia replied many of the projects have not had drawings brought to Council. Councilman Wagonor said when it was first discussed, it was just for storage. Now It will have heated storage. Councilman Malaton oaid It was discussed that it would be heated. 9 KENAI CITY COUNCIL Juno 17, 1981 Page 8 Motion passed unanimously by roil call vote. MOTION, Adoptions Councilwoman Glick moved, seconded by Councilman Holston, to•adopt the ordinance. There was no public comment. i Motion passed unanimously by roil call vote. 0-10 Ordinance 694-01 - increasing Rov/Appne - Senior Citizen Project - 028#600 MOTIONt Councilman Measles moved, seconded by Councilwoman Glick, to introduc.t the ordinance. Motion passed unanimously by roll call vote. 0-11 Resolution 81-64 - Transfer of Funds - Machinery, , Equipment, Kitchen Items - 02t000 MOTIONt Councilwoman Glick moved, seconded by Councilman Measles, to adopt the resolution. There was no public comment. , Motion was adopted by unanimous consent of the Council. 0-12 Resolution 81-65 - Transfer of Funds - Part Time EmPloycos, Roc. Contort Juno 1981 - 02,500 MOTIONS Councilman Malston moved, seconded by Councilman Measles, to adopt the resolution. Councilwoman Glick requested a schedule of employees on a monthly basis be prepared. There was no public comment. Motion was adopted by unanimous consent of the Council. G-13 Resolution 81-66 - Awarding Janitorial Contract - Airport Terminal i MOTIONS Cowseilman Mueller moved, seconded by Councilman Hall, to adopt the resolution and award the contract to Clean Right Janitorial. There was no public comment. Motion passed, with Councilman Malaton voting no. 0-14 Resolution 61-67 - Award of Aidt Small Equipment Warehouse - 049,985 MOTIONS Councilwoman Glick moved, seconded by Councilman Holston, to adopt the resolution. There was no public comment. t f� , KENAI CITY COUNCIL r } June 17, 1981 Pago 9 Motion was adopted by unanimous coneont of the Council. i 0-15 Resolution 81-68 - Requesting a Grant in Amount of $643,500 from state (port Facilities Grant) MOTIONi Councilman Malston moved, seconded by Councilman Wagoner, to adopt the resolution. There was no public comment. Councilwoman Glick wished to note this would rescind Resolution 81-10 and Resolution 81-51, this should be noted in the records. Mot+on passed, with Mayor O'Roilly, Councilman Hall, Measles, wagoner voting yoer Councilwoman Glick, Councilmen Malston, Mueller voting no. 0-17 Sewage Treatment Plant - Northern Test Lab - 0320 MOTIONS Councilwoman Glick moved, seconded by Councilman Measles, to approve the billing. Public Works Director Kornelis noted this is a local firm. , Motion passed unanimously by roll call vote. 0-19 Fidalgo St. - Peninsula Engrg, Statement /5 - 00#188.65 MOTIONS Councilman Measles moved, seconded by Councilwoman Glick, to approve the billing. Clerk's Notes This item was already approved under the Consent Agenda. Councilwoman Glick questioned the $60 per hour. The on inai contract calls for $50. Finance Director explained Mr. Henderson had made an error, it is for $60. Councilmen Mueller asked if there was a man on the job. Public Works Director Kornelis replied he s not inepectingg, but he has a field inspector. After his work !e done, the City will be getting help from McLane Surveying. Motion passed, with Mayor O'Noilly, Councilman Hall, Measles, Mueller$ Wagoner, voting year Councilwoman Glick, Councilman Malston voting no. : 0-20 Fidalgo St. - Peninsula Engrg., Statement 16 - $13,707.95 MOTION. Councilman Mueller moved, seconded by Councilman Measles, to approve the billing. Motion passed, with Mayor O'Roilly, Councilmen Hall, Measles, Mueller, Wagoner, voting year Councilwoman Glick, Councilman Malston voting no. 0-21 Pidaigo St. Improvements - Quality Asphalt - 037,566.30 Finance Director Brown explained he asked this to be removed from the Consent Agenda, the total should be $36,679.20. i E u • � KENAI CITY COUNCIL J June 17, 1981 ` Pago 10 ie MOTIONt Councilman Measles moved, seconded by Councilwoman Glick, to approve the billing at the total of $36,679.20. Motion passed unanimously by roll call vote. 0-23 Frontage Rd. - Doyle Conet. - Periodic Est. A4 - 079,124.66 MOTIONt Councilwoman Glick moved, seconded by Councilman Measles, to approve the billing. Motion passed unanimously by roil call vote. 0-30 Water b Bower, N. Kenai Spur - Doyle Const. - Per. Est. 13 - $412,937.35. . MOTIONt Councilman Mueller moved, seconded by Councilwoman ' Glick, to approve the billing. Motion passed by unanimous consent of Council. •. 0-31 Rosolution $1-69 - Transfer of Funds - Elea. wiring i Supplies for Installation of FUG: Pumps in Shop - 02,300 ' MOTIONt Councilman Measles moved, seconded by Councilwoman Glick, to adopt the resolution. There was no public comment. = Motion passed by unanimous consent of Council. H. REPORTS c H-1 City Manager City Manager Brighton wao absent, no report. -- H-2 City Attorney Atty. Delahay said he will be attending a convention :. in Baltimore in November, and would like to take off in October for vacation. He would be missing the 2nd meeting in October and the 2nd mooting in November. T -- — Councilman Malston noted the lease cap discussion will be discaosod in the 2nd mooting in November. Zt ' will have to be postponed. Council agreed to postpone discussion till the let AWL meeting in December. • H-3 Mayor Mayor O'Reilly spoke. : - 1. He reviewed the report from Juneau included in the packet. Max Swearingen had spoken to Rops. Malone 6 O'Connell, they are working for an early adjournment. It looks like SB-168 (01,000 per capita) will go through. There will be a total of $9 Million for the City, for airport, etrooto, Caro Contort and Senior Center. Councilman Wagoner asked, who N T's _ KHNRI CITY COUNCIL Juno 17, 1981 Page 11 will pay for maintenance of the Senior Center? Mayor O'Reilly replied he didn't know. Councilman Hail asked, what about the Senior Center in Wildwood? Mayor O'Reilly replied, that is housing, this is a Canter. Councilwoman Glick said We did discuss this and make recommendations for the PY 81-82 budget, the Legislature wants us to lower taxes but throws these things on us. Councilman wagoner noted any time anyone wants to make an end run, they can. This blows the Council's right to sot priorities. Maintenance i operating costs of now buildings are becoming our biggest costs. Mayor O'Reilly said this puts him in a quandary. The Senior Citizens have boon told 01 Million is coming to them. Ha has not talked to Rep. Malone in some time. Council- woman Glick asked if the City could take the money and divvy it u Mayor O'Reilly suggested adding --if -ware i;om aunity" to the Center. Carmen Gintoli explained, this was Bono last Dec. It was brought to Council and was rejected by Council. • Finance Director Brown said he didn't think any City employee has urged the legislature without Council approval. The Senior Citizens may have been speak- ing to the Legislature. Mayor O'Reilly said he felt ambivalegt. The Council stuck to the 09 Million figure without any mention of the 01 Million Senior Citizen Center. -if we can turn it to the City ad- vantage, it may be worth accepting. Councilman Wagoner said he doubted that if we got the ci Million it will be returned to the State. It should be stopped in Juneau before it gets here. He suggested Mayor O'Reilly and City Manager Brighton send a letter to the Legislatures objecting to the way it is being handled. Mayor O'Reilly noted it may go someplace also. Councilman Wagoner said he would rather that than be stuck with maintenance on it. many.of the Senior Citizen Council will not be living in the City. Mayor O'Reilly asked, what is the objection to mixing with our proposals? Councilwoman Glick replied that Le stepping on thoir turf. Atty. Doiahay noted a Senior Citizen Community Cantor still moans Senior Citizens. Senior Citizen and Community Center is what they wanted. Councilman Hall asked how much were we shorted on the airport? Mayor O'Roilly replied 04,770,000 is available for the airport. 2. The DowlSholl meetings. Other communities have taken active steps in this area. He would like to sea if cooperative steps could be taken with the Borough, N. Kenai and soldotna. He would like to havo Councilwoman Glick and Councilman Hall help. This area has done nothing. Council agreed to the request. H-4 City Clock Clark Whelan apoko. 1. City Manager Brighton was asked to attend a census training course in Anch. June 25-26, 1981. He will be unable to attend and asked her to go. Council agreed to the request. 2. Clerk Whelan will be in Kodiak June 20-21. The 1, yy KENAI CITY COUNCIL, June 17, 1981 Page 12 ferry will bring her back to Kenai Monday night. She asked if she could have Monday and Tues. AM off. Council agreed to the request. 3. Alaska Legal Services has asked to use tho Council Chambers for a monthly meeting. It has also been suggested that the Social Security be allowed to use the Chambers for their monthly meeting. Since those meetings will be for appoint - Monte and not for general public, Atty. Dolahay felt this should be brought up for Council discussion. Councilman Wagoner said they should not be on a scheduled basis for State & Federal offices. The City should .­ got in to this. Councilman Malston said this buildaa; is for public use. we have had trouble before, that is what the building is for. Atty. Delahay noted this would not be restricted to the City of Kenai. It would be for anyone in the area. Previously Legal Services used space in the Decor Building. Thoy are short of funds, but tying up this room is overkill. Councilman Malston said for once a month, it could be in the upstairs conference rooms. Councilman Measles noted scheduling Is a problem when it interferes with the efficiency of the peoplb working here. Clerk Whelan noted janitorial service is a problem now because it is only 3 days a week. Sho has to clean up after each meeting. Also, if there are 2 meetings scheduled in ono day, she has to clean up 2 times. They have not been very careful in the use of the facilities. Councilman Wagoner suggested using Recreation Dir- ector McGillivray's office. MOTIONS Councilman Wagoner moved, seconded by Councilman Measles, that Council direct Administration to inform Alaska Legal Services and Social Security and make available the 014 Recreation offices for their use. Councilman Maloton said that is not a comfortable offico. We built this to be used. Comments have boon made that people outside the City will use it. That is what we want the City to do. The inconveniences of the employees could be remedied. Notion passed with Councilman Malston voting no. A-S Finance Director None H-6 Planning & Zoning Councilwoman Glick spoke. 1. At the last mooting, the 10490 applications for PRO Lots 1,2 & 3 were discussed. 2. A lease application by S. Webb, Pidalgo S/D, for a store, was approved. 3. Regarding Redoubt S/D. They discussed 8/D rogulatione and will back up Administration in en- forcing regulations. Mayor O'Reilly asked if there was anything from the Borough regarding assessing? Councilwoman Glick re- plied no. Mayor Thompson had asked that the aasenoors Y• KENAI CITY COUNCIL, Juno 17, 1981 Page 13 be retained. It was stated the Planning Dept. has more work than they can do. The Commission felt we are not having problems, but that it was at staff level. 2 positions were deleted. It was suggootod !f the Borough gets road work, they will have to hire additional personnel. H-7 Harbor Commission Admin. Coord. Davie spoke. 1. At the last meeting, CH2M Hill was there to address concerns on the sedimentation proposals. The Harbor Commission recommended they make a more detailed proposal. The proposal was returned this date (6-17-01). The Harbor Commission reviewed it In a special meeting this date, and asked Mr. Davis t9 send all proposals to Dept. of Engre. There will be another meeting to review them when they are returned. I, PERSONS PRESENT NOT SCHEDULED TO BE HEARD 1. Mayor O'Reilly asked the Council to review the Salo of City lands agreement in the packet. council- man Mueller and Councilwoman Glick discussed some changes. Atty. Delahay will take action on them. 2. Mayor O'Reilly asked Council to review the letter from SeaAir in the packet regarding, reconsideration of Council action. Also, the letter from City Manager Brighton regarding the meeting with the Chamber of Commerce. Councilmen Measles and wagoner said they would not attend. Councilwoman Glick said it would be in the boat interest of the City that someone be there. 3. Airport Manager Swalley said he had just re- ceived word that Sea Air filed a formal complaint against the City with the CAB regarding terminal air space. 4. Mayor O'Reilly asked Council to review the letter to City Manager Brighton from HEA. Public Works Director Kornelis said the only pole they will have is on Broad St. S. Councilman Malston Said regarding the letter from the Corps. of Engrs. regarding the bluff. The City should follow up on that. Mayor O'Roilly noted the City will have to pay part of the costa. ADJOURNMENT Meeting adjourned IWS PM. Aial rat Whelan, C�Te 7 I CIIECKS OVP.R 61,000.00 Cont. Page 2 VF.NDDR AMOUNT DROCKIPTIO�{ PHO.I .CT UHPAHTtiHHT _,,,,_!►CCO �T f;III�HC.N AG1nIll'1'y��_ _ I'��ll „_� FOR RATIFICATION AMF.FCU 14,550.00 June Credit Union W/H General Fund Liability 14,550.00 Clary Innurnnco Agency 5,127.00 May Workmonla comp Vnrioun Workmenla Compenontion 5,127.00 Glacier Stato Tolephona� 2,045.62 itny Phone Bill Vnrioun Utilition 7.,N+5.62 Marathon Oil Co. 5,084.08 May Natural Can Trent 6 Agency In Trunt 5,084.g8 National Bank of AK 1,380,000.00 NISPO 6/16/81 Central Treanery Central Tretlaury 1,3110,000.00 1,370,000.00 RP.PO 6/17/01 Centrnl Trrnaary Central Treonury 1,3f0.000.00 1,350,000.00 REPO 6/18/81 Central Treanury Central Treasury 1,350,000.00 1,795,000.00 RP110 6/19/01 Central Trennury Central Trennury 1,791,000.00 1,195,000.00 REPO 6/23/01 Central 'Trennury Central Trennury 1,195,0(J0.00 820,000.00 RK110 6/24/81 Central Trennury Cactral Trennury 8,00000.1)0 1,320,000.00 RY,PO 6/25/01 Central Treasury Central Trennury 1,320,U00.0t1 1,520,000.00 REPO 6/26/81 Central Trennury Central Trennury 1,520,000.00 Rainier National 205,196.25 Debt Service 174 Refunding 205,19(,.25 Bank Union Oil of Calif. 5,082.29 Mny Natural On" Trunt 6 Agency In Trunt 5,082.29 of I i 1718 V0I1LA1WIN(i CIIV,CKfl ANK OVY,i{ 01,000.00 tiI1I01 BV.Lt► COUNL'11, AI'I'ROVAI, ON RA'fiV1(:A'fIUN 7/1/8l VRNDON AMOUNT p6fl!_Nit'TIOtt____-___ 1100.11:CT/01a'All710alT____ Arar)UIIT CIIAftG{;G1 f11GiUNf. Prso�T, FOR APPROV/l[, KenaL Electric 1,700.00 Repair E1e17trLC Seat Water Repair 6 Hainusnance 1.11mmo 20601 t: in NoUltouno 2 } << National Bank of Alaska 36,371.00 Juno Federal W/11 Gaorsral Valid Liability 36,311.00 Poterkin Dlatributorn 1,422.07 Candy Barn 04UCCO Recreation Pne reotlun Operating floppllea 01)esating flnpplleo I09.30 31.46 77/0Y, 2170 P Paper Produrtn Shop Operating Supplien 64.85 2275's Yt7 r{racerien Jal1. Operatlisp,, Suppllell 243.6q 77,719 Paper Prodocta .lall Operating Oil lip IIell 80.75 L2640 Paper Produeto FLre Operating Supplioo 44.50 2267r, Crocerl-a COA-Con);rayntn Nealu Operating Suppllen ri7H.U'7 7%i)i Grocsrfen COA-flame Del lvery Operating fluppLlea GS Polar Noproductiona 3,468.36 Hanterfile lima -Departmental Machinery 6 Ygalp. 1,800.()0 21647 Otando. {lindern, etc, tlm,-Departmental Small Toole 6 Hlnor V.quip. 1,648.36 71641 Rpea Conotruction 1,984.00 Racquetball Courts CI' -Youth Center Conatructlon 226a4 State of Manila 24,135.59 .tune FICA N/ii Varinun FICA 24,115.59 ,o Yukon Office Supply 2,183.44 Stoller Innerto Llbrnry Office liupplleo Il,71) 7.1765 Micro-floche pancla Library Office Ss)pplien 94.60 277r,r► Hine. fluppliea P.N. Adminisitration 'Office Suppllen 46,45 723'11 (;h41r Hon -Departmental Hachlnory 6 Equipment 7.16.91, 22Vol) Typewriter Ribbona Viru Offit-it Suppllen 79.13 2;SI11 Oindera .tail office Suppltoo 14.64 2247U Stapler 6 Staploo Varfono Office SupplJea 26.90 22225 Receipt Vorma Finance Office Suppllen 17.85 2171.7 (aO)oottoo 6 Book gndo P.N. Adminintration office Suppllen 47.20 22416 13ec. Supplies S.T.P. Office flupplfeo 256.71 22395 Vile Cnbineto Non-Departmontal Small Toole 6 Hiner Equip. 468.09 221,17 Hine, Supplioo Finance Office Suppllen 12.36 27.399 Cork Board Vitt. Admintatratton Office Sopplleo 49.98 227.49 Vile Lalselo Planning 6 7,oning Office Supplica 21.52 22442 Iliac. Supplioo Police Office flupplieo 116.32 221,92 Xerox Paper Vnrinua Printing 6 Binding 360.01) 22526 File Box City Clark Office Supplies 34.00 22109 Print Wheal Library Repair 6 Haint. Supplioo 19,06 22487 Stand 6 Panolo Library Office Supplioo 262.00 22241 REQUISITIONS oVVR $1,000,01) WHICH LAVED COUNCii. APPROVAL VIM VVNDOR DESCRIPTION 011,10AR'1'I11'.Sl' Kenai Auto Repair Parka 6 Recreation Accounts Receivable 1,590.52 Pickup Unit 71 McLane 6 Aeneeintee VidalRo Subd. ProJoct CP-Vidnigo Street Inupection 6,500.00 E.ngineorinR yield Suparvioion i Yukon O[lico Supply Lockers 6 Reaches CP-Youth Canter Construction 9,484.50 i CUl A& a- v"*A 3 s-u p. 4 0 i 1 1 i t r I . / 9 h Riwj ea J iG3 CITY OF KENAI ORDINANCE NO, 695-81 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, MIENDING KMC 7.15.040(b) AND (f) TO PROVIDE FOR LOCAL PREFERENCE IN BIDDING. WHEREAS, businesses with offices or branch offices within the City of Kenai pay local real estate taxes, directly or Indirectly, personal property taxes, collect sales taxes for the City of Kenai, and may provide payrolls within the City, all of which tends to promote and stabilize the economy of the City, and WHEREAS, such businesses contribute to the well being of the City and should be supported by the City where such support can be given without any significant financial burden to the City, and WHEREAS, in the past contracts have been let to firms established outside the City where their bids were only a few dollars below bids of businesses established within the City, and WHEREAS, the present ordinances under KMC 7.15.040 provide that a person, firm, or corporation within the City shall be favored but limits this favoring to where it can be done "without additional cost to the City" which could be interpreted to mean that if a firm from outside the City bid one cent lower than a City firm that the bid from the outside firm would have to be accepted, and WHEREAS, the Council believes that businesses established within the City should be required to be competitive, but wishes to amend the City ordinances so that local firms can be supported even though they have not submitted the -lowest bid provided the difference in the bid is within a minimal limit. N0111, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as followss motion is KMC 7.15.040(b) is hereby amended as followss "(b) He shall favor a person, firm, or corporation with officers or branch off1cna in the City when this can be done without exCeeding thQ 1oyyest bid by more than 5fs of the Ugfit_$106000.00 of such lowglt bid, (ADDITIONAL COST TO THE CITYj, but he shall submit requests for quotation to those I n r) outside the City when this may be necessary to secure bids or to create competitive conditions, or when he thinks that by so doing he can make a savings for the City and shall purchasf romkt hem when he can make a savings for the City In eB ._ngfdad a Secs KMC 7.15.040(f) is hereby amended as followss "(f) Subiget to the nrovialons of Para raRh (b) abo,`yQ ha (HE] shall purchase from the bidder whose bid is most advantageous to the City, considering price, quality, date of delivery, etc,r and, in the case of a ti8, may purchase from one of those tying or may divide the purchase among those tying, always accepting the bid or bids most advantageous to the City subject to the grQ,yistang eg sasa ,$aragrannh (b_�r:," PASSED BY'THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of July, 1981. VINCENT O'REILLY, MAYOR ATTESTS Janet Whelan, City Clerk First Readings July I , 1981 Second Readings July i5, 1981 Effective Dates August 15, 1981 -1 2 i r.: a 1. jj �„�� bTY C' ►F+lay THIS AGREEMENT, entered into this •,,,,,,_ day of 1981, by and between the CITY OF KENAI, City Hall, P. O. Box 5800 Kenai, Alaska 99611, a home -ruled municipal corporation of Alaska, hereinafter called "City," and Alaska Aeronautical Industries, Inc., P. O. Box 6067, Anchorage, Alaska 99502, hereinafter called "Lessee." That the City, in consideration of the payments of the rents and porformanco of all the covenants heroin contained by the Losses, does hereby demiso and lease to the Lessee the following described propporty in the Kenai Recording District, state of Alaska# to witI COUNTER SPACE 119 (209 sq. ft.), OFFICE SPACE 119 (57S sq. ft.), COUNTER SPACE 023 (101 sq. ft.) OFFICE SPACE 024 (108 sq. ft.), AND CARGO SPACE 025 (1,122 sq. ft.), FIRST FLOOR TERMINAL BUILDING, KENAI MUNICIPAL AIRPORT. (BEE ATTACHED DIAGRAM!) A. PURZOARS The purpose for which this Lease to issued is# OPERATION OF PASSENGER STATION, COUNTER TICKET SALES AND AIRLINE FREIGHT FACILITY. B. =I The term of this Lease is for 1 year, commencing on the let day of July, 1981, to the 30th day of Juno, 1982, at the annual rental of 821,712.80 plus 5% sales tax. C. $8Y11 ' The rental specified heroin shall bo payable as followel (1) Right of entry and occupancy is authorized as of tho lot day of July, 1981. (2) Annual rent foe the fiscal year beginning July 1 and Sending Juno 30 shall be payable in advance on or before the first ay of July of each year. If the annual rent exceeds 02#400, then the Lesson may opt at the time of the execution hereof or at tho beginning of each now Loans year to pay rent in equal monthly Installments, payable in advance on or before the first day of July and on or before the first of each month thereafter. (3) Rental for any period which to loan than one (1) year shall be prorated based on the rats of the loot full year. (4) In addition to the rento opacified above, the Losses agrees to pay to the appropriate parties, lovioo, aaeoonmonte, and charges as hereinafter provided (a) Sales tax now enforced or levied in the future computed upon cent payable in monthly installments whether rent is paid on a monthly or yearly baoin. (b) Interest at the rate of eight percent (86) per annum and ten percent (10%) penalties of any amount of money owed under this Lease which In not paid on or before the date it TA r 1 N I becomes duo. ' (e) Additional charges, if any, ae sat forth in Schoulo A, attached. B. e►EttpRAL cevpereerrat 1, MMS Except as Provided heroin, any regular use of lands or facilities without the written consent of the City to prohibited. This prohibition shall not aayiv to use of lees: daLignated by the city for :pacified 1•aolic vaeo, ouch as passenger torminate, autortotile packing areas, and streoto. 2. UP"NOT C011T_Rt1PLATEO PRORIAMPPM solicitation of donations or the promotion or operation of any part or kind of business or commercial enterprise, other than os specifically as forth heroin, upon, In or above airport lands, without the written consent of the City is prohibited. 3. A4910210EA1TI (Not for collateral purposes) Losses with Clty's written consent, which will not be unreasonably denied, may assign, in whole or in part, its rights as Lessee (Loaoehold Estate) hereunder. assumenthe duties andpobligations oftthelLosses asmtoethehouch part or all of the leased promises. No ouch assignment,, however will discharge Lossoo from Ito duties and obligatlona hereunder. 4. yfLgzTiacs� L©ease may sublet. part or all of its lntorest in the leasehold premiseo without prior City approval,. except that Losses agrees to send a copy of hie executed subleas to the City within 10 days after its execution. in addition, al subleases at: subjoct to the terms and conditions of the main lease, and no sub otting shall affect the obligation of the Losses to perform all of the covenants toquitod to be performed by the Lesson heroin. 5. TRP.ATttE!!T OP DF.t12Rr� The Lessee agrees to keep the premioeo :loan and in good order at its own expense, suffering n strip or waste thereof, not removing any material therefrom, Without written pormisoton of the City. At the expiration of th term flxod, or any sooner determination of the Lease, the Losses will peaceably and quietly quit and ourrondor the premises to th City. 6. PAY11MIT OP Rom= Chocks, bank drafto, or postal money orders shall be made payable to the City of Kenai and delivered to tho City Administration Building, Ronal, Alaska. 7, TIOtt APtrPIMM,• ALD 1TAMAMMs Building construction shall be neat and presentable and compatible with Ito uses and surroundings. s. Nrnur,T RtSnT op =$ Should default be made in the payment of any portion of the cent or fees when duo, or in any o the covenants or conditions contained in the Lease or in any regulations now or hereinafter in forco, then in such event the City shall jive Lesceo thirty (30) days after ouch written notice to cure such default or dofaulta, after which if the default to not cured, the City may terminate the Lease, to -onto and take Possession of the premises, remove all Persona therefrom. 2 a _ _.___ _ ___ T1 — r r , _ __ M 9. LP.a9P. UTTLIV.AT= I Leaned space Shall be,utilLsed for purposes within the scope of the application (made a part of tnt LOaee and attached hocoto) the terms of the Laaoo, and in confocnity with the ordinances of the City and Borough, and in substantial confocnity vith the comprehensive plan.' Utilisation or dovelopmont for other than the allowed uses Shall constitute violation of *he Lagoa Ind a'•bjoet tht' Lease to aPeaotiation;q. any time. 10, COMITtoet An PREttisp.Hr The promises domiood heroin at improved and are leaned on an "as is, where is" basis. il, OPPER TO .FA63A 9ZR2aIIC c The offer to lease is made oubiect to applicable laws and to qulatlons of City, and may be wit drawn without notice at any time after thirty (30) dayo from submioolan thereof, unions within ouch thirty (30) days the Lesson oxeeutoo and.raturns the lease to the City. 22. 1[j=8L7LT T=- s The interests transferred, or conveyed by this Lease are subject to any and all of the covenants, tocma, or conditions contained in the instruments convoying title or other interests to the City. 13, RIGHT Ap ttisrc:CTions City ahali have the right of all reasonable times to enter the premises, or any part thereof, for the purpooas of Inspection. 14. is-1911821 des Lesson eovdnanta to save the City harmless from all actions, ouita, liabilities, or damages resulting from or arising out of any acts of commiasion or ominsion by the Lannon, his agents* employees, cuotomora, inviteas, or arising from or out of the Losses a occupation, or use of the prominos domisod, or priviloges granted, and to pay all costa connected therewith. In this connection, the Loaaoo agrees to arrange and pay for all the followings (a) pulriic liability insurance protecting both the City and Ito officers, employees, and agonta and the Leanne, such Insurance to be evidenced by a certificate Shoeing the insurance in force. The amount of such public liability insurance shall have limits not loan than those known as 0250,000/0500,000/01001000, (o) Lonsee agrooa to carry employer's, liability insurance and Workmon o Comrennation insurance, and to furnish a certificate thereof to the City. (c) Insurance contracts providing liability insurance and lforknen'o Compensation ahall provide for not Iona than thirt (30) days written notice to the City of cancellation, expiration or substantial c6nnge in policy conditions And coverage. (d) Leacee agrees that waiver of subrogation against 0 City shall be requented of Loozee's insuror, and Shall be Provided at no cost to the City. NO It is understood and aneeed that the insurance afforded uy thin policy or policies for yore than one stared innisted, shall not orocate to increase the IL. --Its of the conpany•s liability, but othecttiue !hall not operate to lirA 3 0 a M or void the coverage of any one named incurod as respects claims against the came named Insured or amployaos of such othoc named Insured. (f) The insurance procucod by Lances as he coin required shall be icauod in the name of the Woes and the City and the officers, em loyees# and agents of the the City by a company liJengoei '.a do 1%,.itnouet in t.t.c S'•sto of Alaska, and shall contain, - r ondoroomento chat (1) ouc: insurance may not be cancelled or S amended wita reapect '.;a the City without thirty (30) days written notice by registered or certified mail to City by the insuranco companyl and (2) Losses shall be solely responsible for payment of premiums and that City shall not be required to pay any premiums for ouch insurance. 13. ACCQU?ITTIM ARLILIATI0Ht Loosoo agrees to furnish the City an annual sworn statement of gross business receipts and/or any eoctifieats or statement to substantiate the computation of canto or foes, including ropocto to other governmental agencies. 16. ELLUffT ti Ctl IMPAln r.1atlless Any or all cents, charges, foal, or other consideration which are duo and unpaid at the expiration of voluntary or involuntary termination or cancellation of this Lease, shall be a charge against the Loosoe and Leonoola property, real or personal, and the City ahali have ouch lien rights as are allowed by law, and enforcement by distraint may be made by the City of its authorized agent. 17, L$A E SUBORDINATE TO FT!+ANCI!1. Rh'1L n 1CLT&! LeaeOO � agrees that City may modify this Lease to moot covised requirements for Federal or State grants, or to conform to the roqquiromonto of any revonuo bond covenant. Havevor, the moQifiaation chaii not act to reduce the rights or privileges granted the Loaaeo by this Lease, not act to cause the Looaoe financial l000. 10, allRRE11DER 011 TEMITHATI0:!1 Los000 shall, on the last day of the term of this Lease or upon any oarlier termination of this Lease, surrender and deliver ugon the promises into the possession and use of City without fcaua at delay in good order, condition, and repair, oncopt for roaoonablo want, and tear since the last nocooaary repair, cepiacoment, restoration, or renewal, free and clear of all lattings and occupanciae unless onpcessly permitted by City in writing, and (coo and cloac of all liona and encumbrances other than thoso created by and for loans to City. Upon the and of the term of this Lasso or any earlier termination thereof, title to the buildings, improvemonto and building equipment shalCmatically vast in City without requiroment of any deed, conveyance, or bill of tale thereon. however, if City oleouid require any such document in confirratio hereof, Lessee shall execute, acknowledlyo, and deliver the name and shall pay any charge, tan, and Eno asnortod or imposed by an} and all governmental units in Connection herewith. 19. Ji IMs Lennon shall observe, obay, and comply with alll applicable rulea, etc., of the State or rederal Covarnmonto. 20. dLx:'CbC�.^L'I:CA'C12::.�i�.i"CS.T1:L�: There is hereby reserved to the City, its ruccea::Ora and aoalgnn, for the uze and benefit of the public, a right of flight for the passage of a i i I � i 1 , t N t� aircraft in the airnpaco above the aurfaeo and all improvomento a proved by the City of the promison heroin ronvoyod, together With the right to eauae in said airnpaco ouch noico ao may be Inherent in the oporatioss of aircraft, now at hereafter uaod fog navigation of or flight in the air, uning 0aid aicapace are landing at, taking off Iron, or operating on tho Kenai Airport. (whon pin:nn for•istprovenenta purouant to paragraph-7 are approved by the Cityy, tho City to the oxtont of thono Improvemonts rolan'Jorstho oroomont hero nxpcooaod.) V 21. iett1 City hereby agrees and eovenanto that the Leaaoo, upon payingg font and performing other covenanta, t0fmo, and condition0 of thio Loaoo, ahall have the right to quietly and peacefully hold, uoo, occupy, and enjoy the Paid loaood promison, except that any inconvenience caused by public works projacto in or about the l0000hold pcomicon ohall not be conatcuod as a denial of the right of quiet of POaeoablo pon0000ion. 22, LES PP. To PAY TAYERs Losano Mail Pay all lawful taxes and aseeosmonts which, during the term horoof may become a lion upon or which may be loviod by the State, borough, City, or onyy other tax levying body, upon any taxable poncoosory right whicft 1,00000 may have in or to tho roanon of Ito uoo or occupancy, provided, however, that nothing heroin contained shall prevent Lounee from contooting any incronao in ouch tax or aaooaemont through procoduroo outlinod in Stato otatutoo. 23, SPECIAL ARDMIfESt Loonoo agr000 to pay MIA roaaonable chargo for an special sorvicoo or faeilitroquifod by L000no in writing, wh ch aorvicoo or facilitioa ova not provided for hocoin. 24. MgaaTnPt?tsaiP 44 ,t ;s? crenmr•.et It io I osspr000ly un4orotood that tho City oball not be conatcuod or hold to be a partner or joint venturer of Loosno in the conduct of buainoon on the Bon ood prom ineot and it Le oxpronaly underotood and agreed that the rolationohit� betwoon the pactiou horoto La, and shall at all timos remain that of landlord and tenant. 25. OPM(ILT DAt!KCUVTrJs C r s if tho L00000 shall make any aosignnont for tho benefit of crocitorn or ohall be adjudged a bankruft, or if a recoivor is opt.ointed for the Loonoo or L00000 a acaoto, or any intoroot under thin Loaso, and if the appointmont of tho receiver io not vacated within thirty (30) dayo, or if a voluntary petition in filed undor section 10(a) of the Bankruptcy Act by the Loscoe, then and In any event, the City may, upon giving the Loonoo thirty (30) dayal notice, torninato this LoaOo, 26. The Lunnoo, for himuolf, him hoiro, pornonal repcusontativon, uuceonnors In intoraut, and aoaiynn, oa a part of tie convideration hereof, doen hereby covenant and agroo an a covenant running with the land, thats (a) NO person on ttie grounds of race, color, or national origin ahall he oycluded iron particitrntion fit, deni"I the f bonufltu of, at he ethorwiuo subjected to diuc:rinination in the uue of said facilitieut _' J _ 5 7� r• N C ' . _ 1 Ir (b) In the construction of any imt� rovemento on, over, or under ouch land and the furnishing of norvieoo thoroon, no person on the grounds of race, color, or national origin ohali be excluded from participation, denied the benefits of, or otherwise be subjected to discriminations (a) The Lessee shall use the premises in complianeo with all Aahor reguirononvi imposed by or 7uranart to Title 44, Code . of Pedoral Regulations, Department of Trans-portation Subtitle A, Office of the necrotary, Pact 21, llondlocrimination in Federaliy- assiatod Pro4famo of the Department of Transportation--effoctuation 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 otherwiso operated on the said property described in this Lease, for a purpose involving the provision of similar services or er bonofita, the Lessee shall maintain and operate such facilities and services in compliance with all other requirements Imposed pursuant to Title 490 Code of Federal Regulations, Department of Tr ansportation, canoportation, Subtitle A, Office of the Secretary, Part 21, llondiocrimination in Pedorally-assiatod Programs of the Department of Transportation -- effoctuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. 21. BAI�¢jpb I ffIlt, I"'�!� If any term, provision, condition, Of part of this Lease !e declarad by a ,court of competent jurisdiction to be invalid or unconstitutional, the romaining terms, provisions, conditions, or parts shall continuo in full ) force and affect as though such declaration was not made. 28, PAaQLE 1,1e02PICA,Ttongs It is mutually understood and agrood that this agreement, as written, covers all the agreements and stipulations between the pactieal and no representations, oral or written, have been,mado modifying, adding to, or changing the tecna hereof, or ma be made except in uriting, signed by all parties in interest, an approved by the City Council of the City. 29. 11AMIT.Xi The City does not warrant that the property which in the subject of this Lease is nuitod for the use authorized herein, and no guarantee is given or implied that it shall be profitable or suitable to employ the property to ouch use. ,gpr Loc000 shall comply with all applicable lasto, ordinances, and regulations of public authoritioo now or hereafter in any manner affecting the leased premises or the sidouelks, alleys, streets, and way adjacent thereto or any buildings, etructuren, fixtures, and improvements or the use thereof, whether or net any such Latin, ordinances, and ccgulationa which nay be hereafter enacted involve a change of policy on the part of the governnental body onactinq the oarno. 1,050ee agrees to hold City financially harnlesel (a) From t1se consequencon of any violation of ouch lasts, ordinances, and/or r-Tulationot and (b) Prom all clair.:s for danacres an account of injuricn, death, or hrorrrty dar:,ano rnsultinq Cron --uch violation. Lorene further .1"reco it srtll not rernit any unituful oc;c•utation, I:u:sirer,r., or trade t:v i,e. cenductod on zaid premicen or any u: o to be vale t4cri•rsf contrary to any last, ordinance, or rerssl tion se rcar:ect thorcto. 5 f � h I (l' I 1� • 31. rARp Ap PPFfI:3C9I Gosnoo, at its own coat and expense, shall keep the leaned Promises, all improvements which at stty timo during the term of this Luaos may be oituatod theccon, and and repairall dutingtthe entireotermtOfbthisgLeasein good condition 32. r.vsa..E's_Qj}tIaATlott o OVL L=. I LOssee will not ppotpie aoy lions including, bur, t.o litritad to, michani'an' ' ' laborers', or matoriolmOn's limo obtainhblo or availablo ultd;r" the than existing lawn, to stand against the leased premises or improvements for any labor or material furnishod to Lessee or claimed to have been furnished to Losses or to Lesaoe's agents, contractors, or subiossoen, in connection with work of any character Pecformod or claimed to have been performed on said promises or tmprovements by or at the direction or sufferance of Lessee. provided, howevOr, Lessee shall have tho right to PrOvido a bond as contemplated by Alaska law and contest the validity or amount of any ouch lion or claimed lien, On final detornination of ouch lien or such claim for lien, Lessee will immediately PAY havojoucholiotendered n released judgmentesatisfiednatcLeOOOO'ges snownshall expense. 33. r^MF2tttJ1LT=l In the event the leased premises or any pact thereof shall be condomnod and taken for a public or quasi -public use, then upon payment of any award or compensation arising from ouch condemnation, there shall be such division of the proceeds, ouch abatement in rant payable during the term or any extension of the thom horoof, and ouch other adiiootmonts as the patties may agree upon an being just and oeuitablo under all the circumstancos. If the City and LOaaee ace unable to ngroe within thirty (30) days after such an award has been paid into Court, upon What division, annual abatement in rant. and other determinednbycar6itrationand oprovided,inhItemo39thereof. e shall be 34. AR9IT2ATIAfl8 (a) In the event the parties shall be unable to agree as to any matter provided for in this Lease such disputo shall b< determined by three (3) dinintocestod arbitrators, one of them shall be chosen by each of the parties horeto and the third by the two (2) so chosen, and the expense of arbitration shall be borne equally by the parties- (b) The party desiring arbitration, as aforesaid, shall give notice in writing to the other party of ouch dooire, naming the arbitrator selected by it, and five (5) days after ch giving ohasevene thestw000rbitcatornychocen shall fail,awithinto fifteen (15) gays after their aoloction0 n the third to agree upo than the Superior Court of the State of Alaska Shall, on request of the party not in default, or urun the request of olehec party it neither is in default, appoint within fifteen (15) days after such requarst, an arbitrator, or arbitrators, to fill the place c places remaining. (c) The decision of any two (2) of the arbitratorc it confornity with the fora•loing direction shall lie final :.nd conclusive upon the parties hereto. The deeistion of the arbitrator" nhall be in writing, "igned In (2l ulicate delive ydity two o earl (2) of paid trLitratorS, and one copy shall of the partica horeto. 11 T1 _ _ F Iw (d) Except an specifically provided for in subsection (a), (b), and (c), the Uniform Arbitration Law of Alaska shall govern the arbitratlon(s) contemplated heroin. 39. SURREVOatte At the expiration of the term fixed or any sooner termination of the Loano, the Losses will peaceably and quietly quit and sucrondor the promises to the City. 36. pn CCTIA!1 OP SIMMIArrrso To protect the position of any subtenant(n) horonfter pcopo+ly obtaining an interests in, tha laaoohold eataro gr.mtad !,ossoe herunnder, City/ agreed thab In the event of tge cancellation, termination, expiration, or surrender of thia-Leano (the ground loaso), the City will accept the Subtenant, its successors and assigns, as its losses 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 thin Lease, upon the same covenants and conditions therein contained, to the extent that said 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 aubtanant chat make full and complete attornment to the City for the balance of the term of ouch sublease so as to establish direct privity of estate and contract between the City and the subtenant with the same force and effect as though ouch sublease was originally mad directly between the City and ouch oubtatlanti and further provided ouch subtenant agrees to comply with all the provisions of the ground Lease and all the terms of any mortgage, dead 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 ouch mortgage, deed of trust, or security assignment. ( 37. SUCCUMORS IN I�j'S EM This Loans shall be binding _ f upon and shall inure to the benefit of the respective successors and assigns of the parties hereto, subject to such opeeific limitations or assignment as are provided for heroin. 38. aQ;!�'R rQ =s This indenture of Lease shall be governed in all respects by the town of the State of Alaska. 39. ► ' i ja) Any notices required by this Lease shall be in writing anshall be doomed to be duly given only if delivered personally or mailed by certified or registered mail in a propai envolopo addressed to the parties at the address not forth in th 0pponing paragraph of thin lease unlrsn ouch address has been changod pursuant to nub -paragraph (b) hereafter, and in that eaa to the most recent address so changed. The City shall also mail a copy of any notice given to the 1-cooeo, by registered or certified mail, to any loaechold lender (mortgagee, bonaficiary of a deed of trust, security asnignoe) who shall have given the City notice of such mortgage, deed of trunt or security assignment. (h) Any such addresser, may be changed by an appropriate noticn In writing to all other parties affccted provided zuch change of address is given to the other parties by the ranann outlined in raragrach (a) above, at leant fifteen (151 days prier to the giving of the inrticular notice in icaue. i W I •' 40iQ_aC--E Ry, In the event that the Lease shoul be tecmnated as hocoinboforo provided, or by summary procooding or otherwise, or in the event that the demiood Lando or any part thereof should be abandoned by the Loonoo during said term, the Looser or its agonta, servants, or representatives may, Immediately or any time thereof ter, re-entor, and resume Sosoossion of said Lando or ouch part thereof, and remove all persons and proporty thorofrom, either by summary proceedings or by a suitable action or proceeding at law without being liable Per ary 9amaces tkarefor. NO-0•9ntry b" the Lessor shall be- an aeccptaeco of a Wrrondoe of cho Lease. 41. FOCFF.2TOne OF WITnp: In the event that the Lease should be terminated because of any broach by the Losses as heroin provided, the rental payment last made by the Lessee steal be forfoitod and retained by the Lessor as partial or total liquidated damages for said breach. 1 42. {j Ell wnivsn: The reeoipt of cant by the Loonor wits: knowledge of any broach of the Lease by the Loaaoa, or any dofault'on the part of the Loonoo in observance or performance of) g;y of the conditions or covenants of the Loans, shall not be omod to be a waivor of any provisions of the Lease. Ho failure' on the part of the L0000r to enforce any covenant or provision thorcin contained, not any waiver of any right thereunder by the L0000r, unless in writing, shall dinchargo or invalidate ouch covenants or provisions, or affect the right of the Leoaor to enforce the same in the event of any subsequent breach or default. The rocoipt, by the L0000r, of any rant or an yy other sum of noneyy after the tormination, in any mannac, of tho term therein domiood, or after the giving by the L0000r of any notice E thereunder to of Fact ouch termination, shall not reinstate, continuo, or extend the resultant tern therein domirod, or destroy, or in any mnnnor impair the efficacy of any ouch notice of tormination as may have been given thereunder by the Lessor to the Leases prior to the rocoipt of any ouch sum of money or other consideration, unless so agreed to in writing and signed by the I Lessor. I I 43. ExrrrpTLn`1OrnQ*s Unless the Lease In renewed or sooner torminated as provided herein, the Losses shall peaceably and quietly leave, ourronder, and yield up unto the Lessor all of: the leaned land on or before the last day of the torn of the Lease. 44. JJULk4ZM_AL'.n ?Aninr Qflr , Leaved Lando shall be utilized in accordance with the buildinq and zoning ordinances and rules and regulations of said authority. Failure to do so shall constitute a default. 45. E]LRU-.MQ=- Q Jt The Lasnoa will take all reasonable precautions to prevent, and take all necensary action to ourpropa destructive or uncontrolled firers, and comply with all laws, ' regulations, and rules promulgated and enforced by the city cot fire protection within the atea wherein the leased rrcn.iaen are located. 46. i LiJ�:'DL � 1TLuc 1w.1cua in good otandinia nay be cancelled in whole or in ►:art at any tine urun nutual t•ritton agevenont by Lennet- and the city t'ounail. r# • 47. i(j(LAWPUL ME PRORIBITP.Ot Looaco shall not allow the loanohold promises to be used for an unlawful purpose. 40, APPROVAL AP AT116R A)T11QU first The issuance by the city of Lennon does not roltove the Loosen of responsibility of obtaining licences or permits as may be requirod by duly authorized Borough, State, or Federal agotciec. 49. RRA9BTQt)-1Ft1T R! L CATTOtlt Should it be necessary to to- aasign Lesseo to a different area of the airport torninal, the parties agree an followat At least thirty (30) days written notico, in nornal circumstances, but since Plano are now being said for a complete renovation of the terminal, a move required for such renovation shall be made immediately to acconodate contractor's work force. It will be the intention of the Lessor to give Loesoo as much notico in advance as possible of such ronesignmont. The costa 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 Lesson to the Airport terminal. Should ecaasignmont and relocation be nocessary, Lessee shall be provided and afforded equivalont spaco, in terms of both area and location, as that which it presently occupies, to the extent found feasible by the Airport Operations Manager. IN WIT:)ESS WHEREOP, the parties hereto have hereunto cot their hands, the day and year stated in the individual acknowlodgnonto below. L£ESORt CITY OF KEVAI Byt William J. Brighton City Manager LCS&EEir�Z���� ' L, HOMO ' Title (if Lessee is a corporation) ATTMTt. IGO Tftie— 10 �u a r) —P n I I / 1 .O F: O , F M` 0 STATE OF ALASKA ) )aa THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of 1901, W.ILLIW J. ERIOHT011, being pocconally known to no or having produced satisfactory evidence of identification, appoare0 before •r•e and aekntit►)edged the volsrtary and authericod ox:rution o9 the forogoing inattumont for the municip::1 eoepnration named and W. the capacity indicated in the execution thereof. Notary Public for Alaska My Commission Expicesr STATE OF ALASKA ) )ea THIRD JUDICIAL DISTRICT ) THIP 7A TO�CERTIFY that on thin ' i tia day of , 1901, �Ll1 sy� te! , being personally known to/he or having produced satisfactory evidence of identification, appeared before me and aeXpowlodged the voluntary execution of the foregoing instrument. Hotocy Pub! c for Alaska" My Conmioaion Cupiroas STATE OF ALASKA ) THIRD JUDICIAL DISTRICT Sae THIS IS TO CERTIFY that on this _ day of , 1981, , being personally known to me or having produced aaticfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument for the corporation named and in the capacity indicated in the execution thereof. Rotary Public for Alaska fly Comninolon Cxpireos Approved as to Leann Corn by City Attorney �fInitinlz) Approved by Finance Director Gnitizlz) I Arprovod by City '!anarrer v I ltnit toI.3) t.^;•C^ AIT,7r.7-11 l;• City Crj:;t.!ll tliio day cf 1S[31 . . i I City Clod I' 1: E DATED: Juno 1981 • OUT TO SCALK ed JE �9 •�' Zo 2122 rah 90 �f 2y ROOM NO. CURRENT USE ROOM NO, CURRENT USE 1 - 6 Lounge and Cafe 18 AAI Ticket Counter 7 Janitor's Room 19 AAI Office Space/Wien Offices 8 FAA Equipment Room 20 Wien Offices 9 FAA Office Space 21 SouthCentral Air Office Space 10 Tesoro Office Space 22 Airport Manager's Office 11 Fan Room 23 AAI Freight Counter 12 Boiler Room 29 AAI Freight Office 13 Man's Restroom 25 AAI Cargo Area 19 Women's Restroom 28 Avis Counter 15 Hertz Counter 29 Flight Service Station 16 Dollar Rent A Car Systems, Inc. 30 Avis Cargo Area 17 Wion Counter 31 SouthCentral Air Counter 32 Raven Transit , ` 27 Aero Union Offices • _ 1 a I: V J 0 1 I o ! LEASE OP AIRPORT PACIt.ITIEB THIS AGREEMF,NT, entered into this , day of , 19010 by and between the CITY OF KENAI, City Nall, P. 0. Box 881 Kenai, Alaska 99611, a home -ruled municipal corporation of Alaska, hereinafter called "City " and Raven Transit, Inc. e/0 Doug Haynes, P. 0. Box 6067, Anefiorage, Alaska 99502, hereinaft called L00000." That the City, in consideration of the payments of the ceni and pocfosmance of all the covenants herein contained by the Lanese, does hereby demise and lease to the Lessee the foilowim described property in the Kenai Recording Distriat, State of Alackat to wits COUNTER SPACE 932 CONSISTING OF 60 SQUARE FEET (sec ATTACHED DIAGRAM!), FIRST FLOOR, TERMINAL BUILDING, KENAI MUNICIPAL AIRPORT. A. PUBPORps The purpose for which this Lease is issued is COUNTER SPACE FOR BUS AND LIMOUSINE BERVIdE AND FREIGHT FORWARDING SERVICE. B. 2=s The teem of this Lease is for I year, comment on the lot day of July, 1981, to the 30th day of Junes 1982, at the annual rental of 0792.00 plus S6 sales tax. C. PAY11PkN!1 The rental specified herein shall be payable as follows$ (1) Right of entry and occupancy is authorised as of t1 lot day of July, 1901. (2) Annual rent for the fioeal year beginning July 1 ai ending Juno 30 shall be payable in advance on or before the fir day of July of each year. If the annual cent exceeds $3,400, thou the Los000 may opt at the time of the execution hereof or the beginning of each now Lease year to pay rent in equal month installmenta, payable in advance on or before the first day of July and on or before the first of each month thereafter. (3) Rental for any poriod.which is loan than one (1) year shall be prorated based on the rate of the last full year. (4) in addition to the rants specified above, the Lees agrees to pay to the appropriate parties' levies, aeoccomento, and charges as hereinafter providod.t (a) Sales tax now enforced or levied in the future computed upon cent payable in monthly installments whether rent !o paid on a monthly or yearly basis. (b) Interact at the rate of eight percent (89) pot annum and ten Yiorcant (1U8) penalties of any amount of money ow under this oLeaoe which io not paid on or before the data it i v i` R . 0 becomes duo. (a) Additional chargos, if any, as sot Earth in Schoulo A, attached. D. !; MPnAL COMIMrest 1. ()sP.Ht Except as provided heroin, any regular use of lands or facilities without the written consent of the City is prohibited. This prohibition Lhall .tit SPPIV to use of 3.Uh dos:ortfed by the City for spHcifled public uses, L-j^h as p^asengor terminals, automobile parxing a.eac, and atroots. 2, USED NOT Cotjr' SATED PP.OIIIHITEDt Solicitation Of donations or the promotion or operation of any part or kind of business or commercial enterprise, other than as apoeifically o0 forth herein, upon, in or above airport lands, without the written consent of the City is prohibited. 3. Asnlatxn?trri (Not for collateral purposes) Lessee with City's written consent, which will not be unreasonably denied, may assign, in whole or in pact, its rights as Losses (Leasehold Estate) hereunder. Any aacignoo of part at 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 ouch assignment, hot►ovor, will discharge Lessee from its duties and obligations hereunder. A. AnnLETTi±if3t Lessee may sublet part or all of Ito interest in the lossohold promises without prior City approval, except that Lessee agrees to send a copy of his executed sublease to the City within 10 days after Ito execution. In addition, al subleases Oro subject to the terms and conditions of the main lease, and no subletting shall affect the obligation of the Lenaoe to perform all of the covenants required to be performed by trio Lessee heroin. S. TAFATIMITOE R'ttn t The Lessee agrees to keop the Promises clean and in good order at Ito own expense, sufforing n ©*rip or wants thereof, nor removing any material thorofrom, without written permission of the City. At the expiration of the term fixed, or any sooner determination of the Lease, the L00000 wi11 peaceably and quietly quit and surrender the promises to the City. 6. PAYMENT OF RPMM Checks, bank drafts* or postal money orders shall be made pay/able to the City of xongi and dolivocod to the City Administration Building, Kenai, Alaska. 7. 0(j$Z!QUCTIOfl A2_,, AL A!!1? GZAMARBBt Building construction shall be neat and presnntable and compatible with Its unen and surroundings. S. SEAU�LT_RIMIT AP VItD t Should default be made in the payment of any portion of the rent or fees when duo, or in any of the covenants or conditions contained in the Lease or to any regulations now or hereinafter in force, then in nuch event the City Shall give Lessee thirty (30) Jays after ouch written notice to cure such Jefoult or defaults, after which if the default is not cured, the City may terminate the Lease, ro-enter and taho passesuion of the prenices, remove all persons thorefro.m. 2 A t I 9. Lr4GZ—=L1ZATIQ:Is Loaood space shall be utilized for purposes within the scope of the application (made a part of thi Lease and attached hereto) the terms of the Lease, and in conformity with the ordinances of the City and Borough, and in substantial conformity with the comprehensive plan. utilization or development for other than the allowed uses shall constitute virlation of t1— L^:oo on,' subject the Lease to eaneol.lption at. , any time. 10. COMITIMI OP RAEU=. s The promises domiood heroin arc improved and are leased on an "as is, whore in" basis. 11. OF�TO LPASP A . c TA'• Ps The offer to lease is made subject to applicable laws and regulations of City, and may be withdrawn without notice at any time after thirty (30) dayys from submission thereof, unless within ouch thirty (30) days tb0 Lessee executes and returns the lease to the City. 12. u:roERLYItra_TTTLgs The interests transferred, or convoyed by this Lease are subject to any and all of the covenants, terms, or conditions contained in the inatrumonts conveying title or other interests to the City. 13. Rjilg et? 2tts Qjjs City shall have the right of all reasonable times to enter the promises, or any part thereof, for the purposes of inspection. 14. it'd TIPAW- .Es Lennon covenants to save the City harmloso from all actions, suits, liabilities, or damages resulting from or arising out of any auto of commission or omission by the Lessee, his agonto, employees, customers, inviteca, or arising from or out of the Losses's occupation, or use of the promises denisod, or privileges granted, and to pay all coats connected therewith. In this connection, the Lessee agrees to arrange and pay for all the followings (a) Public liability insuranco protecting both the City and its offico(c, employees, and agents and the Lances, ouch Insurance to be evidenced by a certificate showing the insurance In force. The amount of ouch public liability insurance shall have limits not loss than those known as 0250,000/0500.000/$100,000. (b) Lessee agrees to carry employer's liability Insurance and ttorkmon s Conponnation insurance, and to furnish a certificate thereof to the City. (c) Insurance contracts providing liability insurance and Worknon's Componsation shall provide for not lone than thirt (30) days written notice to the City of cancellation, expiration or substantial change in rolicy conditions and coverage. (d) Lessee agrees that waiver oC subrogation againat th City shall be requented of. Lennee's inruror, and shall he provided at no cast to the City. (e) CL9.1_LLa)zlliiw= it i3 undorutood and anroed that the inaur:•nee afforded L•y thi:iFnlicy or policies Cor more than one named insured, shall not o!•nrate to increase the limits of the connany'r, li.ohility, l.ut uthei:�i,ie chail not: operate to li:AI i I 1 i —�- r L or void the coverage of any one named insured an respects claims against the same named inuurod or employees of such other named Insured. (f) The insurance procured by Lessee as heroin required shall be iucuod'in the name of the Losses and the City and the officers, omployeen, and agents of the the City by a company Ilea .Pool to do bcsineab !a the nrte of hlaaka, end v'%:V ecntafn endorsements that (1) ouch insurance may fwot oo cancoll2d or amordod with respect to the City without thirty (30) daye written notice by registered or certified mail to City by the insurance companyt and (2) L000ee shall be solely responsible for payment j of premiums and that City shall not be required to pay any premiums for such insurance* j lg. e e 1OTT j? i eflr.Il ATlorlt Loosoo agrees to furnish the City an annual sworn statement of gross business roeoipta and/or any certificate or statement to substantiate the computation of rents or fees, including reports to other governmental agencies. - - 16, vnrr...:ECTIQ2T�2lJ�t1L'11i1LotIMI Anyy or all center charges, fees, or other conaideratLon which are duo and unpaid at the expiration of voluntary or involuntary termination or cancellation of this Lasso, shall be a charge against the Losses and Losoeo's pproperty, real or personal, and the City shall have such lion vights as are allowed by law, and enforcement by , distraint Tray be made by the City or its authorized agent. 17. 1U1i6 sunonnl"pTB TO PIf*a)'C1`.1() BRQUIRP1er.Tst Lessee agrees that City may modify this Lease to moot rovioad requirements for Pederal or State grants, or to conform to the requirements of any rovonue bond covenant. flot-,over, the mollification shall not act to reduce the rights or privileges granted the Lasses by this Lows, nor act to cause the Losses financial loss. is. ML$;,'Q,°,j(„QUT�:rttl�rnTTOM Le000a shall, on the last day of the torm of this Lonoe or uron any earlier termination of this Lease, surrender and deliver uron the promisoo into the possession and use of City without fraud or delay in good ordor, condition, and repair, axcept for reasonable wear and tsar since the loot necessary repair, replacement, restoration, or ronowal, free and clear of all lettings and occupancies unless expreosly permitted by City in writing, and fees and clear of all lions and encumbrances other than those created by and for loans to City. Upon the and of the term of this Lease or any earlier termination thereof, title to the buildings, improver -onto and building equirmont shalCmatiealiy volt in City without requiroment of any deod, conveyance, or bill of sale thereon. however, if City should require any such docucent in confirmatio hereof, Goucoa shall execute, acknowiedgo, and deliver the Jame and shall pay any charge, tax, and fee asserted or imposed by an} and all governrental units in connection herewith. 19. ZiS1L:..at Lessee nhall ol.ugrvo, obey, and conply with al — applicable) rufao, otc., of the 49tato or Pedeccl C.•vernmonts. 20. There is horeby � reserved to the City, its nucconcorc and ausicno, for the use and i benefit of the public, a right of flight for the of 4 i � a i 0 �i j aircraft in thu airspace above the surface and all improvements approved by the City of the promises heroin convoyed, togothor with the right to cause in said airspaeo such noiso as may be inhoi.nt in the oporation of aircraft, now or hereafter used P.ar navigation of or flight in the air, using said airspace are landing at, taking off from, or operating on the Konai Airport. (Whan plan-1 enr+i•,rovementc lsursuant to paragraph•7 are aprrovod by the CityY, the City to the extent of those improvements roloazu: the aaiamcnt hate ei!Fce'sped.) t 21. RICH M E??jQVU .r�r arm prAMBLE PURSRBSS"JFit City hereby agrees and covenants thAt the Lessee, upon paying rent and performing other covenants, forma, and conditions of this Lease, shall have the tight to quietly and poacofully hold, uso, occupy, and enjoy the said leaned promisea,' excopt that any inconvonionce caused by public works projects in or about the leasehold promises shall not be construed as a deniel of the right of quiet or peaceable possession. 22. t.ERRBA. MA PAY TA"01 Loesoe shall pay all lawful taxes and anoesements whiob, during the term hereof may become a lien upon or which may be levied by the state, Borough, City, or an yy other tax levying body, upon any taxable posaessory right which Lessen may have in or to the reason of its use or occupancy, provided, howover, that nothing herein contained shall prevent Losses from contesting any increase in ouch tax or assessment through procedures outlined in State statutes. 23. RPeelaLaufflyan, Lessee agrees to pay City a reasonable charge for any special services or facilities required by Lesson in writing, which services or facilities are not provided for heroin.' 24. M PARTIMRS111v OR Onm VEMTUP.E `REEst It is sxprocaly unt:orstood that the City shall not be construed or hold: to be a partner or joint venturer of Losses in tho.conduct of business on the donisod prominent and it is expressly understood and agreed that tho relationship batucon the parties hereto is, and shall at all times remain that of landlord and tenant. 25. 12Ul:llLT TC tlgM1UPY. rTr. t 11 the Losses shall make any assignmont for the benefit of creditors or shall be adjudged a bankruVt, or if a receiver is appointed for the Lessen ov /,e00e0 a assets, or any interest under this Lease, and if the appointment of tho any is not vacated within thirty (30) dayo, or if a voluntary petition is filed under Section 10(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 thin Lease. 20• LQ11lZI;iCC1Ul1l1=I: The Lessee, for himself, his hoira, poreonal reprusentatives, uucccuoorr in interest, and assigns, as a part of the consideration horaoC, doas hereby covenant and agroo an a covenant running with the land, that: (a) 110 )x.rsan On the grcunds of race, color, or national origin shall be excluded frcm participation in, denied the i benefits of, or be othuru Una subjected to diccrir..ination in the I use of said facilitiest 5 (b) In the construction of arty improvements on, over, or under ouch land and the furnishing of services thereon, no person on the grounds of race, color, oc rational origin shall be excluded from participation, denied the benefits of, or otherwise be subjected to diocriminationi (e) The Losses shall use the promises in compliance with 'All otter coquirementei imposed by or pursuant to Title 49, Cede of Fodotal hagulationo, Dupartmon* of fran.:).octation Bubtitlo A, Mica of the 8ocratary, Part 21, Nondiscrimination in Pedorally- aesisted Programs of the Department of Teanopoctation--Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulationa may be amondodt (d) In the event facilities are constiuctod, maintained, or othorrtiso opatatsd on the said pcoporty described in this Lease, for a purpose involving tho provision of similar services oe bonofito, the Leanne ahall maintain and operate ouch facilities and services in compliance with all other requirements Imposed pursuant to Title 49, Corte of Federal Regulations, Dopartment of Transportation, 0ubtitlo A, Office of the .Boeretary, Part 21, Nondiscrimination in Pedorally-assiatod Programs of the Department of Transportation -- Effectuation of Title V1 of the Civil Rights Act of 1964, and as said Regulations may be amended. 21 PARTIAL It1t1A IDiT'It If any term, provision, condition, or part of this Long,, is doclarad by a court of competent jurisdiction to be invalid or uneonstitutionai, the remaining terms, provisions, conditions, or parts shall continue in full force and offset as though such declaration woo not made. 20. PAROLE floniPICATtonst It is mutually understood and agreed that this agreement, as written, covers all the :7Qrooments and stipulations betwoon the partieot and no copreoontatione, oral or writton, havo boon made modifying, adding to, or charging the terms horoof, or may be made except in writing, eignod by all portion in interest, and approved by the City Council of the City. 29. MRAHM The City does not warrant that the property which is the oubjeet of this Loose is suited for the use a}tthorizod heroin, and'no guarantee lu given or implied that it shall be profitable or suitable to omploy.tho property to such use. 30. E:cr, rMti t.At°st Losses shall comply with all applicable lava, ordinances, and regulations of public authorities now or hereafter in any manner affecting the leased Promises he otosorranyebuildings,t,atruaruren, fixturoa,) and adjacent or the une thotoof, whether or not any ouch lava, ordinances, and regulations .!h1c)t nay be hereafter enacted involve a change of Policy on the part of the governmental body enacting the came. Lenses agrees to hold City financially harnlanat (a) Peorl the connoeuences of any violation of ouch lava, ordinances, and/or fenulationot and (b) lion all clains for damages on account of injuries, death, or rroiert" danage resulting frotr ouch ' violation. Leesoe furthor agrees it :,ill not pernit any unlawful, occupation, buninenn, or tr•iue to bo vonductnd on nail incnises m or ap une to be made tt.er••nf contrary to :.ny lau, ordinance, o roeulction as aforesaid -pith riiirect thereto. I 1 • rS f. , _ _ T - ---- fl 0, J 31, DER CE CpV=UQs Loacoo, at its own coat and orponoo, shall keep the lonood preAlsos, all ir+provenents which at any time ducing the term of this Losoo may be aituatod thecoon, and any and all appurtonancoa thorounto belonging, in good condition and copair during the entire tocm of this Lease, 32, L9VMZ ii Q,(}VIRIMt+ 1.rorrtsI Loorea will not �pcesrvic Any lio.sb ts.sls.l+n�, brt not 1.ritAG t�f, mecn�niaof, + r' lobocors', or matoriuimon s lions obtainable Of available under" the then existing laws, to atand againat the leaaod peeasioes of improvor�onto toe any labor or material furnished to t.00noo or claimed to have boon fufniahad to Loaaoe or to Lonnool o agontO, contraetoca, at oubl000noo, in connection with work of any Character performed or claimed to have boon yoctofned on cold prentodo or impfovononto by or at the direction, or oufforonce of Le00e0, provided, however, 1#0011e0 shall have the right to provid(l a bond as eonte;nplated by Alaska law and content the validity or amount Of any such lion or claimed lion. On final dotecmination Of such lion oc Ouch Claim for lion, Loonoo will immediately gay an any judgment tendered with all proper coots and charges and ahall ha vo ouch lion coloaood at judgment satisfied at L00000to osin oxponoo. 33, Ce21feriEATle1ss In the event the longed promigoo or any part thereof ohall be condemned and taken for a public or quasi -public line, than upon payment of anyy award or ecmDon0atlon arising Iran Ouch condonnation, there ohall be ouch division of the proceeds, ouch abotemont in font payable durfnq the term or any extension of the them horeof, and Ouch other adjuntr:ontO 80 the portion may agree upon as being lust and equitable under all the if the City and Loolloo are unnbio to agtoo within thirty (30) daya after ouch an award has boon paid Into Court, upon what diviolon, annual aboter.ont in rent, and other adjuatmonto are lust and aquitrblo, the diaDute shall be determined by ac itration provided In Item 39 horoof. 34. p33pT.==o (a) In the event the parties shall be unable to agran oa to any mattes provided for in this Lease ouch dispute shall be detornine4 by throe (3) disinterested arbitrators, one of then shall be ehocon by each of the portion hocato and the third by the. two (2) so chosen, and the oxponro of arbitration shall be borne equally by tho portion. (b) The party desiring arbitration, no aforesaid, shall give notice in writing to the other party of such desire, naning the arbitrator selected by it, and five 151 days after giving of ouch notice the ether party shall caioct its arbitrator and in the event the two arbitrators chosen shall fail, within fifteen (15) 4ayn after their nolaction, to agvile uy*on tho third, then the CuDortor Court of the state of Ala(M a shall, on cogtsoot Of the party not in dofauit, or uD.on the regqwont of nitlsur party it neither is in 4etauit,,ap)ssint within fiftoon (15) dayn litter such request, tin sthitrator, or arbitrators„ to fill the place nr places renaininei. (e) The decision of any two (2) of tt;r1 arbitrators in conformity ssitb tiro for-!oiny dir,-ation rhali lie final cns1 conclusive ui.on tbo partiou hnrcto. Tho 4(iciAoss of the arbitratorn rhall Le in vritinq, i;ftumsl in dupiivate tat an,• t%,o (2) of raid attitrntorr., and ar.,, cosy shall t.n c:r.livctvd to Mach of this partif.n ivrr,to. 7 11l i i i r , 11 y I R' k ) k i I ' 1 i (dI Cxcop, an apocifiCally ncovidod for in subnoction (a), (b),nd a(a), the 1, iform Arbitration Law of. A1anV.a aholl gavorn the arbitration(n) cantomplatod heroin. 30. 1ZtI G1 ' s At tho expiration of the term flrnd or any sooner tormtnation of the Laano, the Losses will poacoably and quietly quit and eurrondor the promison to the City. 36. Wi g°;1t)U_,Q,fv.,=DT!',1WTGt To pcotoct the position of any onhtonant(n) horoaftor ncopocty obtaining any intocosts in the ieunchold eitato gr«ntoc! s.oadoo hoeoundurr City so ao/s that., in tho event of the eanGollation, torminotion oxpiratfon, at ouccandoc of this Loans (the ground loaoA), the City will aeeopt the Bubtonant, its successors and aoaigno, as its loscoo for a period equal to tho full olapood portion of the Corm of the oubleano, including any oxtonolono•or conowaln thereof not exceeding the torn of thin L000n, upon the samo covonanto and conditions thoroin contained, to the extant that said covenants and eonditiono thoroin contained, Lo the extant that said covenants and Conditions ace sat inconsistent with any of the terms and conditions of this Lease, provided ouch oubtenant ohal make full and eomploto attocnment to the City for the balanco of the term of ouch oubloaso cc as to establish direct privity of ontato and contract botwoon the City and tho oubtonant with the samo torso and offoat as though Ouch sublaaoo was originally mad diroctly botwnon the City and ouch oubtonantl and further pcovidod ouch Oubtanant ogcoon to comply with all tho provisions of the ground Lease and all the torma of any mortggagqe, dead of trust, or noeurityy assignment to which ouch loaooha d estate is oubjoct, except tho payment of rant undor the ground Loans and the payment of any debt service under any ouch mortgage, flood of trust, or security aaaignmont. 11. `� t This tease shall bo binding l upon and oh lour. to the bonofit of the coopoetivo ouccoaoora and assigns of the parties horoto, oubjoct to ouch a ocific limitationo at oosignmont no ace providod for heroin. 30. tvMIP,RII IG LAIRS Thin indonturo of Lonna shall be governed in all roopects by the lasso of the Btato of Alaska. (a) Any notices required by this Lease shall bo in writing and shall bn dnomod to bo duly given only if dolivorod personally or mailod by cortiflud or rogictacod mail in a propal envelope addroonod to tho parties At the addrnsO Oat forth in th a®®aninn paragraph of thin lance uniooa ouch address hays boon abangod pursuant to sub-paragrat,h (b) hoccaftor, and in that cas to tho moot roeont address no ettanged. mhw City shall also mail a COPY of any notico givon to tho Losnon, by ragistorod or coctlfi.d nail, to any 10,100110141 lendor (mortFa eo, banoficieryy of a (land of trust, nocurity annignee) who nail havo given tho City notica of ouch mortgayo, dood of trust at ancurity annignmont. (b) Any such may ba Chan.led by Ott appruprinto naticri in vritinq to all othor hactina a[fvctnd provided such sham}u Of addronr, In niv.n to the cli-or rartio0 by the uutllnad in )'a car}r9rN (a) aHnvq at leant 41ftian (15) days prior to thn jIvltul of the I.artisular notiw, in innuo, I a i r ,� I e 40. 9tTB.1LAL't3 ftE-r.=Qys In the event, that tho Leone ohoul be torminated 40 horoinhofoce provided, or by nunmary proceeding or othorwino, or in the event that the domiood lands or any part thereof should be abandonod by the Loncoo during cold term, the Loaoor or ito aganta, oocvanta, or roproaontativen nay, Immediately or any time thereafter, co-ontor, and centime poonoonion of oald lands or ouch part thereof, and remove all poccona and property thocafcom, either by nunmary proeoadingo or y a cuitablo action or proceeding at law without being liable for any danagoo : torofor. NO ro- -irtry by the Looro., 0411 be doonod an acceptance of a suer^ndar of Pico Loaao. 41, !OPPE^ s QP f1r!a,s In the event that the Loaae ehould be terminated bacauae of any broach by the Lecneo no heroin provided, the rental payment last made by the Loaaeo shall be forfeited and retained by tho Lessor ao partial or total liquidated danagoo for sold broach. 42. U$LTTEU !MX2r•.es The receipt of rant by the Loonoc with knowledge of any broach of the Leann bthe L00000, or any default on the pact of the L00000 in 0900evanee or perfornanee of any of the eonditiona or covenanto of the Loaao, ohall not be donned to be a waiver of any pcovioiona of the Lonna, Ho failure on the part of the Leoaoc to enforce any covenant or provision thoroin contained, not any waiver of any right thereunder by the Loaoor, unioaa in writing, ahall diachacgo or invalidate ouch covenants at proviolona, or affect the right of the Lancer to enforce the oamo in the event of any subooquont broach or default. The receipt, by the Loaoor, of any cent or any other sum of Money after the termination, in any manner, of the term thoroin donlood, or after the giving by the Loaoor of any notice thereunder to effect ouch termination, shall not roinatate, continuo, or extend the rooultant torn therein dom iaod, or dootroy, or in any manner impair the efficacy of any such notice of termination no nay have boon given thereunder by the Loaoor to. the L00000 prior to the tercipt of any ouch oum of r..oney or other' connieoration, unl000 co agrood to in suiting and signed by the Loaoor. 43, EXP72ATIOU AP M%sr�t Unleoa the Lance in ronowed or canner terminated an provided harein, the L00000 ohali Foaccably , and quietly leave, surrender, and yield up unto the Loscoc all of the leaned land on or before the last day of the torn of the Lonna. 44, ++4 Q , !�tti:t(1 castes Loaned lands shall be utilized is, accordance with tho building and zoning ordinancoe and culon and regulations of naid authority. Failure to do no oball conotituto o default. 45. L'i.+.4ii BQTEC2=s The Losaoe will take all reaaoaablo preceutiona to prevent, and take all nocoonary action to suppress deutcuctive or uncontrolled circa, and cocsply with all laws, requlntienn, and rulao pronulgatcd and nnferced by the City for fire protecticn within the area wherein tho leaned frahisoo are I luc:atcd. i I� 46 . G8^S'Mi In good standing may be conc:r••llet; In whoa: or in past at any tir.e uron mutual written P agrucnent 17 tojt-w� on(i tse city c l)isswCil. 7 47. Leaaee shall not allow the leacohold promi000 to be uaod for an unlawful purpose. 48. ArMOVAL OF #yrHER AnTHOR# The issuance by the City of Losses does not roliZTTF.9 ove the Losneo of responsibility of obtaining lieonsos or permits as may be required by duly authorized Borough, State, or Federal agoncios. 49. RF_ AI1?jQMjZ1M.•QELacATtePjs Should tt be necessary to to - assign Loonoo to a different area of the airport torninal, the parties agrea as follows# At least thirty (30) daye writton notice, in normAl circumotancoa, but sinco Plana Are now being laid for a complete renovation of the terminal, a move required foe such renovation shall be made immediatoly to accomodate contractor's work force. It will be the intention of the Leecor to give Lcasee as much notice in advance as poeaiblo of ouch reasuignmont. The costa of relocation, including the coats of moving and Dotting up counter and related faeilition, shall be borno by the airport terminal and may, upon the agreement of the partios, be subtracted from the monthly cent duo by Leooeo to the Airport terminal. Should reaooignmont and relocation be necessary, Lossoo shall be provided and afforded equivalent spaco, in terms of both area and location, as that which it presently occupies, to the extent found feasible by the Airport Operations Manager. IN MTO!ESS WHEREOF, the portion hereto have horounto set their hands, the day and year stated in the individual acknowledgmento below. LESSOR# CITY OF KEPAf. Sys William J. Brighton City Manager " LCSSEE# Mame Title (If Loonoo la n corroration) MUST .- � Nano ` - ' - ' �- •� _ 10 1 t r ' STATE OF ALASKA ) THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 1981, ..1L.!A.I J. BRIGHTON, being personally known to me or having produced satisfactory evidence of identification, appeared boforo mry and 4c•koiaa:4,d„91 the vilunZaLy Ord alit mrizor•d oxoxsticn of tho l:rogoing inatramont for the municipal cocpocatio.. named and in the capacity indicated in the oxocu.lon thereof. Notary Public for Alaska My Conmieolon Expicess STATE OF ALASKA ) THIRD JUDICIAL DISTRICT ;ss THIS I T RTIFY that on thin ..?.' 4�day of , 1981,. , being personally known t no or having peodueod o4tiagaiftory evidence of identification, appeared before me and acknowledged the voluntary execution of the focagning Instrument. otary Public fo�gcO 41y Connission Cxpires c ��'•>.� STATE OP ALASKA )as T1iM JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 19810 , being personally known to me or having produced satisfactory evidenco of identification, appeared before me and aeknottledgod the voluntary and authorized oxccution of the foregoing instrument for the corporation named and in the capacity indicated in the oxccution theroof. Notary Public for Alaska fly Connicnion ftpireaf Approved an to 1e4GO COVM by City Attorney _ ✓'� IInitials) Approved by Finance Director — 1 (Ini als) i lr;provod by City Vanaucr (Initialu) L«;•^ ;,F^?f:"•:p i,y "ity Cosnci: thin -- - da- cf r City Clore. I I'. .J M 0 F� tinvos June 1981 F7eli'�. NOT TO 5CAI.ls' 2122 i ROOM NO. CURREt_^ T USE ROOM NO, CURRENT USE 1 - 6 Lounge and Cafe 18 19 AAI Ticket Counter AAI Office Space/Wien Offices 7 Janitor's Room 8 FAA Equipment Room FAA Office Space 20 21 Wien Offices ScuthCentral Air Office Space 9 10 Tesoro Office Space 22 Airport Manager's Office ► 11 Fan Rcom 23 AAI Freight Counter i 12 Boiler Room 24 AAI Freight Office 13 Men's Restroom 25 AAI Cargo Area 14 Women's Restroom 28 29 Avis Counter Flight Service Station 15 16 Hertz Counter Dollar Rent A Car Systems, Ina. 30 Avis Cargo Area , 1-.'... 17 Wien Counter 31 SouthCentral Air Counter , 32 Raven Transit ". 27 Aero Union Offices , t- 4 �r rd 0 C76 LEASE OP Al2PORT BACIL.ITIER THIS AGREEMENT, entered into this 4.- day of JILVA= , 1901, by and between the CITY OF KENAI, City Hall, V. O� . Box Sgi Kenai, Alaska 99611, a home -ruled municipal corporation of Alaska, hereinafter called "City," and BouthCentral Air, Ina. 0. Box 4324, Kenai, Alaska 99611, hereinafter called %esaeo.� That the City, in consideration of the payments of the can and performance of all the covenants heroin contained by the Losses, does heieby demise and lease to the Losses the followin described property in the Kenai Recording District, State of Alaskan to wits AN AREA 9.S4 x 6' (57 SQUARE PERT) LOCATED ALONG WEST WALL OF TERMINHL BUILDING, RUNNING NORTH -SOUTH, PACING EAST, ADJOINING THE HALLWAY.TO PASSENGER MATE 420 NOT TO BLOCK OR INTERFERE WITH SAID HALLWAY. A. 298=s The purpose for which this Lease is issued is TO CONDUCT TICKET BALES AND SMALL FREIGHT HANDLING FOR SCHEDULED COH91UTER AIRLINE. S. Z=s The term of this Lease is for 1 year, commanci on the lot day of July, 1901, to the 30th day of June, 1982, at the.annual rental of 0752.40 plus 50 sales tax. C. RAXU Ells The rental specified heroin shall be payable as follows (1) Right of entry and occupancy is authorizod as of t lot day of July, 1981. (2) Annual rent for the fiscal year boning July i a ending Juno 30 shall be payable in advance on or before the fir day of July of each year. If the annual rent exceeds $2,400, then the Lesooe may opt at the time of the execution horoof or the beginning of each now Lease year to pay rent in equal month Installments, payable in advance on or before the first day of July and on or before the first of each month thereafter. (3) Rental for any period which is less than one (1) year shall be prorated be od on the rate of the last full year. (4) In addition to the rents specified above, the Leos agrees to pay to the appropriate parties$ levies, assoosmenta, and charges as hereinafter provideds (a) Salon tax now enforced or levied in the future computed upon rent payable in monthly installments whether rent is paid on a monthly or yearly basin. (b) Interact at the Cato of eight percent (06) per annum and ten Gereent (lot) penalties of any amount of money ow under this Lease which is not paid on or before the date it 1 becomes due. (c) Additional chacgoo, if any, as sot forth in 8choulo A, attached. D. GEl1 RAL CO$E"AtIT9I 1. UMI except as provided heroin, any regular use of lands or facilities without the - Written consent of the City is pcohibitod. This prohibition Lhal' not a^ t� to use c: aroac docipha'.t9 by the City f•oc .opocitiod public uses, such as passe:.gor terminals, automobile- packing areas, and otcooto. 2. USES NOT COMR11PLATP• PROMATTEDI solicitation of donations or the promotion or operation of any part or kind of busincos or commercial entorprice, othoc than as specifically so forth heroin, upon, in or above airport lands, without the written consent of the City is prohibited. 3. AssleeMENTs (Not for collateral purposes) Lessee with City's written consent, which will not be unreasonably doniod, may assign, in whole or in pact, its rights as Losses (Loasehoid Estate) hecoundor. Any assignee of part or all of the lanced promi000 shall assume the duties and obligations of the Losses as to the ouch part or all of the leased premises. No ouch assignment, however, will diaehaege Looeoa from Ito duties and obligations hereunder. q. 9HOLETTTMIs Lessee may sublet part or all of its Interest in the leaeohoid promises without prior City approval, ::Co::ppt that Leasoe agrees to Bond a copy of his executed oubleab.• tba City within 10 daya after its oxoctit16n. In addition, all subleases are subject to the terms and conditions of the main lease, and no subletting ahall affect the obligation of the Losses to perform all of the covenants required to be performed by the Lessee heroin. g. IT OP eEt1192i The Leanne agrees to keep the promises Clean and in good order at its own expense, suffering no strip or waste thereof, nor romoving any material therefrom, without written pormiasion of the City. At the oxpication of the term fixed, or any soonor dotormination of the Lease, the Losses will peaceably and quietly quit and ourrondor the pronioea to the City. 6. PAYIPHT OEMUTs Checks, bank drafts, or postal monoy orders shall be made payable to the City of Kenai and delivered to the City Administration Duilding, Kenai, Alaska. 7. CWT L At'n STANDARD& Building construction ahall be neat and presentable and conpatiblo with Its uses and surroundings. B. DGFAULT RIMIT Oh PUTRYs 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 Leace or in any regulations now or hereinafter in focco, then in such event the City shall give Leacce thirty (30) days after such written notice to cure nuch 4Iofault or defaults, after which iL the default is not cured, tho City c+ay tcrninate the Lease, to -enter and take posaeaaion of the premises, rcnove all rocaona therefrom. 2 I 1 9. LPAGE- MMI M611s Loaned apace ahall be utilized for purposes within the ocobo of the application (made a pact of thi Loans and attached horeto) the tocma of the Loans, 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 violation of the Was and 31,bjoct the Lease to ninoollation of • any time. 10. �'O+t IITY 11_AP pnP.tltsHas The premises domiaod herein ae Improved and are leased on an "as is, whore in" basis. 11, OFFER TO LEAK ACCEDT11t'. t The offer to lease is made subject to applicable laws and rogulations of City, and may be withdrawn without notico at any title after thirty (30) days from submission thereof, unless within ouch thirty (30) days the Losses oxecutos and returns the lease to the City. 12. u1MgRLYIt+0•Sj=t 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 interoots to the City. 13, ltlattT gp itlspecT'=1 City shall have the right of all reasonable times to enter the prominent or any pact thereof, for khe purposes of inspoction. 14. 21t orntt Qr L0000e covenants to save the City hacml000 from all actions, suite, iiabiittlos, or damages resulting from or arising out of any acts of commission or omission by the Lessen, his agents, omploysoes customers, inviteon, or arising from or out of the Lesaoo a occupation, or use of the promises domiaod, or privileges granted, and to pay all coats connected therewith. In thin connection, the Losses agrees to arcango and, pay for all the followings (a) Public liability insurance protecting both the City and its officers, employees, and agents and the Losses, such Insurance to be evidenced by a certificate showing the inaucance in force. The amount of ouch public liability inauranco shall have limits not lose than those known an 02500000/0500,000/61000000, (b) Lessee agrees to carry employees liability , insurance and tlorkmon a Componcation insuranco, and to furnish a certificate thereof to the City.' (c) Insurance contracts providing liability insurance and vorkmon's compensation shall provide for not loan than thirt (30) days written notice to the City of cancellation, expiration/ or substantial change in policy conditiona and covoragu. (d) Leneeo agroen that waiver of oubrogation ogainot th City shall be requested of Lonceo'a ineuror, and shall he 1 provided at no coat to the City. I (n) Cron^ Ll;yhil=s It in underrtoed and anreed that the insurance a£forc!od isy thla: l:alicy or policien for rare than I one named insured, shall not orerato to increase the 1!--its of the eonVany'u liability, but othervioe shall not Operate to linif: 3 i New or void the coverage of any ono named insured as reapoeto claims against the came named Insured er employees of ouch other named insured. (f) The inaucanco procured by Loaaoo as heroin required ahali 'icr'•;':-we c•Iiri the nano of tha 1,00000 and the City and the Officers,, omployoca, and agento of the the City by a company lictn.o4 to da bualnoaj in t r Ptat.o eP Alroka. and shall ooILgn .s onworacrons chit 11) ouch inaucanco may r,at be ear.sollod or j amended with roopoct to the City without thirty 1.30) Jaya written notice by rogiataced or certified mail to City byY the inouraneo eonpanyl and (2) L00000 ahall be solely rooponoiblo for payment of premiums and that City ahall not be required to pay any premiums for such inaUCanaO, 15. d QOSlTL';�. LiCLtiTI(?1J� Looaoo agroon to furnish the City an annual sworn statement of gross business roceipta and/or any certificate or at-atonont to oubotantiato the computation of rents or foes, incluiling roports to other governmental agencies. 16, coazacMre±±,Q±± nennm ±±e±lies Any or all Conte, chargoo, foes, or other conaidoration whiab are duo and unpaid at the expiration of voluntary or involuntary termination or cancellation of eNia Lasso, shell be o charge against the Lesaoe and Leosooeo 1�roporty, real or personal, and the City shall havo ouch lion rigbto as are allowed by law, and enforcement by diatraint may be nado by the City or its authorized agant. 27. LEARE Russenet�±ATR M gxr±AnCtrrs Rrent:aOMMO Rr Loaaoo agrees that City may modify thin Laos* to moot roviaod requirements for federal or.0tato grantee or to conform to the requicenonte of any revenue bond covenant, Howevere the modification ahall not act to reduce the tights or privileges granted the Losses by this Woo, not act to cause the Lessoo financial loan. is. fJ 1.g! U T�Ht±1±tA• TQf i L00000 shall, on the last day of the torn o this Loaao or upon any earlier termination of this Loaao, surrender and deliver uron the promises into the poasoasion and use of City without fraud or delay in good order, condition, and repair, oncept for reasonable wont and toar einco the loot noeoonacy repair, roplacoment, roatoration, or ronowai, free and eloar of all lettings and occupaneico unleou on toasty permitted by City in writing, and free and clear of all liana an oncumbrancoo other than thoao created by and for Lonna to City. Upon the end of the torn of this Loans or any earlier termination thocoof, title to tho buiidinga, improvononto and building oc±ulpnont ahalCmatlCally voat in City without requirement of any deed, conveyance, or bill of nale thereon. However, if City should roqu!ro any ouch document In C*nfirn4ttQFV heroofe Loscoo shall ouecute, aeLnowledge, and dollvc±r the cane and shall pay any eharrye, taxe and fee annorted or inposod by an and all governmental units in connection herewith, 10. 2L'L a Looaoo shall ohs,!rvo, ob,±ye and comply with alit applicablo ruloof etc., of the vt:,to or redercl Covernnenso, 20. C1:C24ZT Thoro in hortrl y rf:retvad to the City, its :,ucunarar : and ano0ns, for tl:u use ane� I;nnefit Of rite) 141bliC, a right of £li'Iht for the 1)aMOCIO Of d 4 aircraft in the alrapaco abovo the uurfaco and all improvemonto approved by the City of the promiaau heroin conveyed, together with the right to cause In said airapaco uuch noiao as may be Inherent in the operation of aircraft, now or hereafter usod for navigation of or flight in the air, using Bald airapaco are landing at, taking off from, or operating on the Henai Airport. (When plans Mr iteprovomonta pursuant to paraggraph 7 are approved by the City, the City to the extent of th000 improvononta re'Larto t,to artom^nt Fore org•onned.) 2:. IItQt! f1.Gf21(tYl:Z4�,GI1R�&MA9 itLz~�ArtBc:&ssottt City hereby agr000 and covenanta that tho Loaaeo, upon paying rout and performing other covenants, forma, and conditions of this Lonna, ahail have the right to yuiotly and poaeofully hold, uao, occupy, and enjoy the said loaaod prominent except that any inconvonionco eausod by public worka projecto in or about the loaaohold promiaoo ahall not be conatruod ao a donial of the right of quiet or poaceablo poaaonaion. 21. t,,113 TA PAY 11,111 Loasoo shall pay all lawful taxos and aanoaamontB which, during the term hereof may become a lien upon or which may be levied by the state, Fsorough, City, of any other tax levying body, upon any taxable possoasory eight which Loageo may have in OF to the roaaon of Ito use or occupancy, provided, howovor, that nothing heroin contained shall prevent Loasoo from contenting any increnoo in ouch tax or aasonamont through procoduros outlined in State otatutoo. 23. gRWjA ,_ffClIC2flr Loasoo agr000 to pay City a reasonable charge for any special sorvicos or facilitlos roquiroe by LOOM in writing, which gorvicon or facilities are not provided for heroin. 24. M.l'dliT(;EpM11-03..�i(2 ' '�I::;Tdt.?E �-.^.cATR�s it io oxproaaly underatood that the City Mall not be conatruod or hole to be a partner or joint venturer of Leanne in the conduct of buoinoco on the dem god promisosf and it it oxproosly understood and agreed that the roiationahip between the parting horato is, and shall at all timsn rotaain that of landlord and tenant. 25, D&F: ttur BAVItRuflTCY, t?TC s If the Lome shall Crake any asoignnont for the bonofit of creditors or ohall be adjudged a bankrupt# or if a receiver is appointed for tho Losaoe or Loosae'a aaaoto, or any interest undor thin Leann, and if the appointment of the rocoivor Is not vacated within thirty (30) dayn, or if a voluntary potition is Piled under L'oction 10(a) of the Bankruptcy Act by the Looaeo, then and in any event, the City may, upon givinq the Loasoo thirty (30) daya' notice, terminate thin Loaao. 26. U11S7zL•NUMMY 3'=s The t,vanoo, for hinnelf, hie heiro, poroonal re rinontativon, guecoreorn in interuut, anti laniena, an a part of the a;ong We cation heroor, dean hocaby covariant and atfroo an a covenant running with the land, thats (a) Ito paravn on the grounda of race, color, or national orlgln nhall be excluunt from part iol) in, donicd the benefito of, or I,e utharulcsu nubj,,ctv(t to dircrtcsinatian in the une of paid P.acilitifus 5 fA - e (b) In the conatcuction of any improvements on, *vote or undor ouch land and the furnishing of services thetoone no Dotson on the grounds of race, color, or national origin shel: be excluded from participation, denied the benefits of, or otherwise be subjected to discrimination; (e) The �Loanno shall use the premises in compliance with ail o*Mar roqutcnnrnt- imroo-d by or pursuant to Title 4.9, Code# Of Psderal Ve5114tivna, Department of Transportation,.8ubtitla3@R,( Office of the Secretary, Part 21, ltondiaccimination in Fedocalip- assiatod Pt09tama of the Department of Transportation--Effoctuation of Title VI of the Civil Rights Act of 1964, and as *aid Regulations may be amondods (d) In the event facilities are constructed, maintained, or otherwise operated on rho said property described in this Lease, for a purpose involving the provision of similar services or benefits, the Lossoo ahall maintain and oporate such facilities and sorvicon in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, office of the Secrotary, Pact 21, nondiscrimination in Podocally-assisted PcogBrons of the Department of Transportation -- Effectuation of Titla VI of the Civil Rights Act of 1964, and as said Regulations may be amended. 27. PARTIAL tt!>,ipEr If any term, provision, condition, or part of this Lease is declared by a court of competent jurisdiction to be invalid or unconstitutional, the conaininr terns, provisions, conditions, or parts shall continuo in full foccs and affect as though such declaration was not made. 28, , LE tIMIP1W.01211 It is mutually understood and agreed that this agcoement, as wcitton, covers all the agreements and atipulationo betwoon the parties; and no representations, oral t+r written, have boon made modifying, adding to, or changing the tarns hereof, or may be made except in writing, stoned by all parties in interest, and approved by the City Council of the City. 29. VABRANTYs The City down not warrant that the property which is the subject of this Lease to ouited for the use authorized herein, and no guarentoo is given at implied that it ahali be profitable or suitable to employ the property to ouch use. 30, CO!tUA AUC=om= Lossee shall comply with all applicable icwa, ordinances, and cequlations of public authorities now or horeaftec in any manner affecting the loosed acent leor e,tetrf,dhocotoof anybuildings,srucurnaixturesaninnrovemonto or the uce thereof, whuther or not any auch I.rM.:, ordinances, and regulations which may be hereaftog enacted involve a change of Policy on the pact ei the governmental body enacting the same. LOOM- agrecs to holi City financially harnletsot (a) From the connequences of any violcticn nt ouch lc.wn, orctinancors, an(:/or rnqulationst and S=) rron :e11 claims rot danag.+rt on account or injuries, desth, nr prororty ,.:,nitre teeultinn from :;itch viot:.tion. I•a:ne furL!•nr actro(s it still not t.arnit an!, unlawful rceu!;utiOrt, :::usirec:, or tc:uL• to be eort!ucted on raic! rir�.nicea j nr env u;n t<> t,� ;•,z,tn tt::revE contraeq to .:ny law, ordinance, o• r�%gl:.tic.^, as a�occ•caid s,ttit rc^,.ect r.t:nrc•to. ti -- 1; W 31. Lessee, at its own cost and expense, shall keep the leased promises, all improvements which at any time during the term of this Lease may be situated thereon, and any and all appurtenances thorounto belonging, in good condition and repair during the entire term of this Lease. 32. LE SEEIn MLICATT011 TO REmove. Ltzral Lessee will not oot.n.t a..y Ifors ira:cldincl, but ..A 'imiLef tu, mechanics', iaborarc', or natorialmon's :icns obtainable or available under the than exietang lawo, to stand against the loosed premises or improvoments for any labor or material furnished to Lossee or claimed to have boon furnished to Losses or to Loc000'e agents, contraetore, or subleseeasI in connection with work of any character performed or claimed to hAvo boon performed on said promises or improvomonte by or at the direction or sufferance of Lessee, provided, however, Losseo shall have the right to provide a bond as contamplatod by Alaska law and contest the validity or amount of any ouch lion or claimed lion. On final determination of such lien of ouch claim for lien, Lessee will immediately pay any judgment rendered with all proper costs and charges and shall have Buell lion roloasod or judgment satisfied at Lessee's own expense. 33. COMElittATIONs In the event the loaced promisee or any pact thereof uhall be condomned and taken for a public or quaoi-public use, than upon payment of any award or compensation arising from ouch condamnation, there ohalI be such division of the provoeda, such abatement in rent payable during the torn or any extension of the them hereoY, and ouch other a justnanto as the parties may agroo upon as being just and equitable under all the circumstances. If the City and Lessee are unable to agtoo within thirty (30) days after ouch an award has boon paid into Court, upon what division, annual abatement in rent, and other adjustmenta are just and equitable, the dispute shall be determined by arbitration provided in Itom 39 horoof. 34. p$4ZT2d=s (a) In the event the parties shall be unable to agree 00 to any matter provided for in thin Loaae ouch dioputo shall be determined by three (3) clisintoveated arbitrators, one of than shall be shown by each of the parties hereto and the third by the two (2) so ehonon, and the expenoe of arbitration shall be borne equally by the parties. (b) The party deairing arbitration, as aforesaid, shall give notice in writing to the other party of such desire, nnning the arbitrator nolected by it, and five (5) days after giving of nuch notice the other party shall select its arbitrator and in the event the two arbitrators chonen nhall fail, within fifteen (15) days after their selection, to agree ur.on the third, then the Superior Court of the State of Aldalca aha11, on request of the party not in default, or u(.on the requent of wither party it neither is in default, api•oint within fifteen (15) clays after such request, an arbitrator, or arbitrators, to fill the place or, places remaining. (0) The decision of any taco (1.) of the arbitrator., in conformity with the foruejoinq direction nhall i:e final and eonclunive ul:on the 1+artier hereto. The decirien of tlke arbitrators :hail be in uritiro, ai,ned in duplicate by any taro � (2) of paid arbitnnt:or::, and ore co^y shall be delivered to each of the parties hereto. 7 (d) except as apocifically providod for in oubsoction (a), (b), and (C), the Uniform Arbitration Law of Alaska shall govern the arbitration(s) contemplated herein. 35. GU8BC?'QRftt At the expiration of the tarn fixed or any sooner termination of the Loase, the Losaee will peaceably and quietly quit and surrender the promises to the City. 3G. rt;Q'rreTintt Ors"uCt±AtlTst To protect the position of nny attbtanant(s) horc4ftor properly obtaining any intoreato in tloo acabohold estate granted Lon -no i:s:band,rr, City agrods ,;bat In the event of the cancellation, torminotion, expiration, or ourrendor of this Loans (the ground lease), the City will accept the Subtenant, its succoseors and assigns, as its losses for a period equal to the full olapsod portion of the torn of the sublease, including any oxtenaions or rencwals thereof not exceeding the term of this Lease, upon the same covenants and conditions therein contained, to the extent that said covenants and conditions thoroin contained, to the extent that said covenants and conditions are not inconsistent with any of the terms and conditions of thin Lease, provided such aubtonant shall make full and comploto attornment to the City for the balance of the term of ouch sublease to as to establish direct privity of estate and contract between the City and the oubtenant with the eame force and effect as though such sublease was originally mad directly between the City and ouch oubtonant; and further provided such subtenant agrees to comply with all the provisions of the ground Leaoo and all the terms of any moctga4q70, deed of trust, or security assignment to which such loaaebold estate is subject, except the payment of cent under the ground Lease and the payment of any debt service under any such mortgage, deed of trust, or security assignment. 37, f,000CSSOns In TMEREsTt This Lease shall be binding upon and oball inure to the benefit of the respective successors and aesigno of the parties hereto, subject to such specific limitations or assignment as are provided for herein. 30. GOMSRrt24x3 M- t This indenture of '.ease shall be governed in all respects by the lawn of the State of Alaska. (a) Any notieos required by thin Lease shall be in writing and shall be doomed to be duly given only if delivered personally or mailed by certified or regiatered mail in a prepaid envelope addressed to the parties at the address sot forth in th� opening paragraph of this least, dnl000 ouch addr000 has been changed pursuant to nub-paragrath (b) hereaftor, and in that cos to the moot recent address no changed. The City shall also mail a copy of any notice given to the Lessee, by registocod or certified nail, to any leasehold lender (mortgagee, henoficiary of a deed oC trust, security assignee) who shall have given the City notice of such mortgage, dood of trust or security assignment. (b) Any such acidtosron itay bo changed by an appropriate notice in writing to all other partial affected provLe.ed such change of addresc in given to the other parties by the means outlined in paragraph (a) above at leant fifteen 115) days prior to the giving oL the particular notice in issue. 3 i 40. 11TRI ern RR-Frrr r In the event that the Lease Ghoul be terminated as herainbeforo provided, or by summary proceeding or otherwiao, or In the event that the domiaed lands or any part thereof should be abandoned by the Loosoo during Gold Corm, the Lace;: or Ito agents, Gorvants, or representatives may, Immediately or any time theroaftor, re-ontor, and resume possession of said Lando or such part thereof, and remove all Eocracnr•»�' -rarorty thorefcom, oithor by summary proceedings or y a suitable action or pcoceading at law without being liable for cu►y [lamagcr. therefor. !',) rZentr; by th3 Loisor shnfti be;, door.nd an accaltosice of a surronaor of tno „ease. 41. E4a.,EEITUn Qo n •.t�. rj In the event that the Lease should be terminated because of any breach by the Losaoo as herein provided, the rontal payment last made by the Lescee shal be forfeited and retained by the Ldseor as partial or total liquidated damages for said broach. 42• K12X9 V& ►Far The receipt of rent by the Lessor wit knowledge of any breach of the Lease by the Leacoo, or any default on the part of the Laeaoo in observance or performance o any of the conditions or covenants of the Lease, shall not be doomed to be a waiver of any provisions of the Lease. 140 failur on the pact of the LeGGOr to enforce any covenant or provision thoroin eontainod, nor any waiver of any right thereunder by the Losoor, unless in writing, shall discharge or invalidate ouch covenants or provisiona, or affect the right of the Lessor to onforco the Game in the event of any oubacquont breach or default. The receipt, by the Lessor, of any cent oe any other Gum of money after the termination, in any mannor, of the term thoroin domised, or after the giving by the Lessor of any notice thereunder to affect such tormination, shall not reinatato, continuo, or extend the resultant term therein domisod, or destroy, or in any mannor impair the efficacy of any such notice of termination as may have boon given thereunder by the Lessor t the Lossoo prior to the receipt of any ouch sum of money or otho consideration, unless so a5reed to in writing and signed by the Lessor. 43. FR_JIP&TT01? oP LU1:.3.r Unless the Lease to renewed or sooner terminated an provided hornin, the Lesuee ahall peaceably and quietly leave, surrandar, and yield up unto the Lessor all o the leased land on or before the last day of the term of the Loose. 44. 1l11=25_[1L'•R zotrrt?cs ran �go Loaned lands Ghaii be utilized in accorAanca wIL;� the building and zoning ordinances and rulan and regulations of said authority. Pailure to do Go shall constitute a default. 45. E='_ZP_0T TLQU: The Learen will take all reasonable procautiona to prevent, and take all neceaaary action to suppres dontructive or uncontrolled fires, and comply with all laws, regulationa, and rules promulgated and enforced by the City for fire protection within the area wherein the leaood preniceo are located. 40• 'C:' AG i~'u1!:'UWZTLQL's Lcnnea in good otandir.q may be i canerllod in %thoie or in hart .at nny tiro ul:on mutual vrittrn agreenent by Laacer and the City Council. i 9 F F t i �S .. U 1. t 47. LINWIP(IL (IRE. PROIIT9TT9D1 LOa000 shall not allow the loQeehold prcmiaea to be uaod For an unlawful purpose. 48. APPRovnL OP IITIIER AI)TI(QRITTEs( The iasuanco by the City of Loason does not rellevo the Loco" of responsibility of obtainina•liconsas or permits as may be roqui cod by duly authat.:.uu Borough, Stato, or Fedaral agencies. 49. pfivA,(;A q(EvC(11/ FJO ATTOIts Should it be nocooaaq to ro assign Loaoeo to a difforent area of the ascport terminal, the parties agree an followat At least thirty (30) days written notice, in normal circumstances, but since plane are now being laid for a eompleto renovation of the terminal, a move required for such renovation shall be made immediately to aceomodate contractor's work force. It will be the intention of the Leaaor to give Lessee as much notice in advance as possible of such roaaoignmont. The costa of relocation, including the costs of moving and Dotting up counter and related facilities, shall be borne by the airport tocminal and map, upon the agreement of the parties, be subtracted from the monthly cent due by Lesson to the Airport terminal. Should reassignment and relocation be necessary, Los000 chali be provided and afforded equivalent apace, in terms of both area and location, as that which it presently occupiea, to the extent found feasible by the Airport Opecationo Manager. III WITNESS WHEREOF, the parties hereto have hereunto cot their hands, the day and year stated in the individual acknowledgments below. LESSORS CITY OP KZIIAI ByS t(ilitam J. Eirightan City Manager LESSEES �me ' itlo (TC Lconeo io a corporation) ATTr ,T, \ �(�IS414 V l�ll.i[• i Name Title r [ •Ire �• 19 n .r T" C , • z _ - __ ... �.. :Jr F t� STATE OF ALMKA ) THIRD JUDICIAL DISTRICT )sa THiS 18 TO CERTIFY that on this day of 1981, 1•IILLIAtt J. 1311I011TON, being personally known to me or having produced satisfactory evidence of identification, appeared before) too anti aa'movi Aged th,t v,:..nt..cy znd authorized Execution of the i foregoing inatrument fe. the municipal corporation named and in the capacity indicated in the execution thereof. Hotacy Public for Alaska 11y Conmisnion Cxpiceas STATE OF ALASNA ) THIRD JUDICIAL DISTRICT )aa THIS IS TO CERTIFY that on We day of , 1991, ._, being pecaonally known to no or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary execution of the foregoing instrument. Notary Public for Aiaaka My Connicoion Cxairea: STATE OF ALASKA ) )as THIRD JUDICIAL DISTRICT ) T1110 IS TO CrRTIPY that on thin Ila day of � telt- , 19a1, d� .t,�amOlin 0 being poraonally known to no or having produced satisfactory evidence of idontification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument for tno corporation namod an in the capacity indicatod In the execution thereof. % 1 v�uhtl� Notary Public Coll Alaok fly Cunniasion C• ,iraos Approved au to lease Corm by City Attorney _ [� (Inl:f alc) Approved by Finance, nir(.-ctor (in —It I Fro At.praved by City ftana!?er 3_ in. I;;) by ri'.:y COunc-i thin lay Uf 1981. City Clare 1: Ar- DATED: Juno 1981 OUT TO SCALN 9 10 's V- 23 V r , ROOM NO. CURRENT USE R 1 - 6 Lounge and Cafe 7 Janitor's Room 8 FAA Equipment Room 9 FAA Office Space 10 Tesoro Office Space 11 Fan Rocm 12 Boiler Room 13 Men's Restroom 19 Women's Restroom 15 Hertz Counter 16 Dollar Rent A Car Systems, Inc. 17 Wien Counter 17 OOM N0, CURRENT USE 16 AAI Ticket Counter 19 AAI Office Space/Wien Offices 20 Wien Offices 21 SouthCentral Air Office Space 22 Airport Manager's Office 23 AAI Freight Counter 24 AA1 Freight Office 25 AAI Cargo Area 28 Avis Counter 29 Flight Service Station 30 Avis Cargo Area 31 SouthCentral Air Counter 32 Raven Transit 27 Aoro Union Offices aTY OF KENAI P. 0. BOX $80 - KENAI, ALASKA - PHONE 283-7535 TO, �­­ - Kenai y Council FROM.Xim Howard, Admin. Assistant OATE 6/26/81 REFERENCE WIEN lease Wien's chief legal counsel has been involved in strike negotiations and therefore has not signed the attached Lease Agreement. A signed lease will be forthcoming. SIGNED a i �l __ Ij .•„ 1.1, CITY tat 111Fini 4 LEASE OP AIRPORT FACTLTTIP THIS AGREEMENT, entered into this day of , 1983 by and between the CITY OF KE11AI, City Mali, P. 0. Box 580, Kona , Alaska 99611, a home -fulled municipal corporation of Alaska, hereinafter called "Cityy," and t9lon Air Alaska, Inc., P. 0. Box 1745, Kenai, Alaska 99611, hersinaftor called "Leonoo," That the City, in consideration of the payments of the renti and perfacmanc0 of all the covenants heroin contained by the Looses, does hereby demise and lease to the Losses the following described property in the Kenai Recording District, State o! Alaskai to wits COUNTER SPACE #17 CONSISTING OF 176 SQUARE FEET AND OFFICE SPACE CONSISTING OF 220 SQUARE FEET (SEE ATTACHED DIAGRAM), FIRST FLOOR, TERMINAL BUILDING, KENAI MUNICIPAL AIRPORT, A. PURPOARs The purpose for which this Loaoo is issued is$ OFFICE SPACE AND TICKET COUNTER SPACE FOR PASSENGER TRANSPORTATION BY AIR AND RELATED FUNCTIONS OF AIR- CRAFT OPERATIONS/TICKET SALES. B. 2Ei1 The term of thin Lease is for 1 year, commencing on the lot day of July, 1991, to the 30th day of June, 1982, at the annual rental of 64,963.20 plus 56 sales tax. C• FAYdi611fs The rental opscifiod heroin shall be payable as followas (1) Right of entry and occupancy 10 authorised as of the lot day of July, 1981. lending Juno 30nsshallrbetPayaableeIniadvanceaanbogbeforeJthe iirat day of July of each year. If the annual rent exceeds 02#400, then the Losses may opt at the time of the execution hereof or at the beginning of each now Lease year to pay rent in equal monthly installments, payable in advance on or before the first day of July and on or before the first of each month thereafter. (3) Rental for any period which is loss than one (1) Year shall be prorated bacod on the rate of the last full year. (4) In addition to the rents 0peeified above, the Lossele andechaegoacsthereinaftec pcovidedttles' levies, aa¢easmants, + computed Uponarentalon tax payable in monthlyenforcoinotallmentslwhetherurent 10 paid on a monthly or yearly baoio. (b) Interest at the rate of eight percent (88) per annum and ton percent (105) Penalties of any amount of money owed under this Lease which i0 not paid on or before the date it 71 Y U becomes due. • (c) Additional chargoo, if any, as not forth in Schoulo A, attached. D. GENERAL CQMEVAHTSt 1. V=1 Except as provided heroin, any regular use of lands or facilities without the written consent of the City is prohibited. This prohibition nhall .10'o- apply to use #,f a"edn e1nign-f•te-0 b) thL City :or apocieiad public usone such ad passenger :erminalu, automobile parking areas, and strooto. 2. US99 NOT C-011TEOPL.ATED PP.OMATTED{ Solicitation of donations or the promotion or oporation of any part or kind of business or commercial entorpriso, other than as specifically Be' forth horein, upon, in or above airport lands, without the written consent of the City Is prohibited. 3. ASSIGIME rrj (Not for collateral purposes) Lessee with City's written eoneont, which will not be unreasonably denied, may asoign, in whole or in part, its rights as Losses (Leasehold Estate) hereunder. Any anbignoe of part or all of the leaned premises shall assume the duties and obligations of the Losses as to the such part or,all of the leased promises. No such assiggnmont, however wiii discharge Lessee from its duties and obligationa hereunder. 4. di)9LLTT s Lossee may sublet pact or all of its Interest In the leasehold promises without prior City approval, except that L00000 agrees to Bond a copy of his executed subloa to the City within 10 days after its execution. in addition, al subleases are subject to the terms and conditions of the main leans, and no subletting shall affect the obliggation of the LQBBOO to perform all of the covenants roquirod to be performed by the Losoee heroin. $. rTRrATMMIT Or DE:f s The Losses agr000 to keep the ptemices clean and In good order at its own expense, suffering n strip or waste thereof, nor removing any material therefrom, without written permission of the City. At•tho expiration of th term fixed, or any sooner dotormination of the Lease, the Lessee will peaceably and quietly quit and ourrender the promises to th City. 8. DAYNQFiT DP R[aIT� ChockB, bank drafto, or postal money orders shall be made payable to the City of Kenai and delivered to the City Adminictration Building, Kenai, Alaska. 7* r.I pPPovAL Arm STAIMAPDAi Building construction shall be neat and presentable and compatible with Its uses and surroundings. 8. QrcnutT 1011T Or Vi!Tn't: Should default be made in the payment of any portion of the rent or fees when due, or in any 0 the covenants or conditions contained in the Loaso or in any regulations new or hereinafter in force, then in ouch ovent the City ohall give Leccce thirty (30) days after ouch wrltton notic to cure such default or defaults, after which if the default to =not currd, the City may terminate the Lease, to -enter and take aession of the premisec, renovo all rercons therefrom. t 2 y i i r 0 9. LEA8C UTTLIZAT=l Leaned space shall be utilized for purposes within the scope of the application (made a part of thi Lease and attached horeto) the terms of the Lease, and in conformity with the ordinances of the City and Borough, and in substantial conformity with the compcohansive plan. Utilization or development for other than the allowed uses ahail constitute viotption of the Leg^a and subio^1: N:o Leave to eancoilption at any time.. 10. CANDITION OP PR•tah ISESs The premises demised heroin at Improved and are leased on an "an is, where is" basis. 11. DEPER TO L n4P. ACCRPTAUCgi The offer to lease is made subject to applicable Iowa and regulations of City, and may be withdrawn without notice at any time after thirty (30) days from submission thereof, unlace within such thirty (30) days the Losses oxecutea and returns the lease to the City. 12. MMERLYIEM TITLES The interests transferred, or conveyed by this Lease are subject to any and all of the covenants, terms, or conditions contained in the instruments convoying titlo or other interests to the City. 13. RAT 15C I((sP1ZeTtens City shall have the right of all reasonahlo times to enter the premicoe, or any part thoroof, for the purposes of inspection. 14. iNSUnaNCEs Losses covenants to save the City harmless from all actions, suits, liabilities, or damages resulting from or arising out of any acts of commission or onission by the Lesson, his agents, employees, customers, invit000, or arising from or out of the Loccoo'd occupation, or use of the promises domicod, or privileges granted, and to pay all costs connected therewith. In this connection, the Lessee agroos to arrange and pay for all the followings (a) Public liability insurance protocting both the City and its officoro, employees, and agents and the Losseo, such insurance to be evidenced by a certificate showing the 00119411Ce In force. The amount of ouch public liability insurance shall have limits not loco than those known as 0250,000/5500,000/$300,000. (b) Losses agrees to carry employar's liability insurance and tlorkman a Compensation insurance, and to furnish a certificate thereof to the City. (a) insurance contracts providing tiability insurance and t".orknon's Compensation shall provide for not Ions than thirt (30) days written notice to the City of cancellation, expiration or subatontial change in policy conditions and coverage. (d) Lasses agrees that waiver of subrogation againat tb City Oball be requested of Leaves's incuror, and shall be provided at no cost to the City. (0) Ct0=-ZIa,hbyitYs tt in understood and agreed that the insurance afforded by thin rolicy or policies for note than one named insured, shall not operate to increase the limits of the company's liability, but othervice shall not operate to lied 3 l� -.F — r =1 'at void the coverage of any one named insured as respects claims against the same named insured or employees of ouch other named insured. (f) The insurance procured by Lessee as herein requited shall be issLaa-ln the name of the Ldcsoo and the City and the offieoes, amploy000, and agents of the the City by a company tied,wed 6a do ,utjiioro In the Mato of Alaska, and shell contain endorae...ents that (1) such insurance :nay not br eancollt-d oc amended 0ith respect to the City without thirty (30) days written notice by registered or eortlfie•i nail to City by/ the insurance companyf and (2) Losses shall be solely responsible for payment of promiumo and that City shall not be coquitod to pay any premiums fat ouch insurance. lg. Accouirrini OnLTCAT1011i Lesson agrees to furnish the City an annual sworn statement of gross business receipts and/or any certificate or statement to substantiate the computation of canto or food, including reports to other governmental agencies. 16. CAL1-PCTtA41 611 1111MID HOMP,Rt Any or all rents, charges, fool, or other consideration which are duo and unpaid at the expiration of voluntary or involuntary termination or cancellation of this Lease, ohall be a charge against the Lessee and Lessee's pproperty, real or personal, and the City shall' have such Sion righto as are allowed by law, and enforcement by distraint may be made by cho City or its authorized agent. 17. LLA9•8 SUjM(QjL!nTF TO PX3&XCr1Q REQUIRP11212Ss Lessee agrees that City may modify this Lease to meet revised reguiroments for Federal or State grants, or to conform to the requirements of any revenue bond covenant. Howovor, the modification shall not act to reduce the rights or privileges granted the Loosen by this Lease, not act to cause the Lessee financial Iona. 100 &URREND0,11 011 TPP1111%2TA`!f Lessee shall► on the last day of the term of this Lease or upon any eaclior termination of thin Lease, surrender and deliver uyon time promises into the possession and use of City without fraud or delay in good order, condition, and repair, except for reasonable want and teat since the last neeoocary repair, replacement, restoration, or renowal, free and clear of all lottings and occup3ncieo unless expcosoly permitted by City in writing, and free and clear of all lions an encumbrances other than those created by and for loans to City. Upon the and of the term of this Lease or any earlier termination thereof, title to the buildings, improvements and building equip.iont ahalCmatieally vast in City without roquiconent of any dead, couvoyance, or bill of sale thorcon. However, if City ohould raryuire any such document in eonfirmatio hereof, Lannon shall execute, acknowledge, and deliver the came and shall pay any charge, tax, and fee asserted at imposed by an and all governnental units in connection hurowith.r 0. PUD--2s Lessee shall observe, obey, and conply with al 1 applicable cubits, ate., of the State or Pederei COvernnents. 20. 16112C'U.T�s :'hare is hereby coserved to the City, ito ruccassors anti aasieno, for the ueo sn benefit of the public, a tight of flight for the p300390 of I f m aircraft in the airspace above the surfaco and all improvements a proved by the City of the premises heroin conveyed, together with the right to cauna in said airapaco such noise as may be Inherent in the operation of aircraft, now or hereafter used for navigation of or Plight in the air, using said airspace are landing at, taking off Prom, or operating on the Kenai Airport. (tthan'pinna •for • i:eprcvamcnta pursuant to paragraph •7 are approved by the CityY, the City to the extent of those improvements rol000es'the easement hor•} expreerad.) 21. RIGH2 To rMoYrrp,FR' AFm neACennr a ffiRSp•SEM11 City hereby agrees and covenants that the Losses, 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 prenioes, excopt that any inconvonionco 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. 22. LESSRB TA MY T1 Looses shall pay all lawful taxes and assessments which, during the term horeof may become a lien upon or which may be levied by the State, Borough, City, or any other tax levying body, upon any taxable possessory right which Losoeo may have in or to the reason of its use or occupancy, providod, howovor, that nothing herein contained shall prevent Lessee from contesting any increase in such tax or assessment through procedures outlined in State statutes. 23, SPECIAL 11$ S1 Losace agrees to pay City a reasonable ehargo for any epoeial cervices or facilities required by Losses in writing, which services or facilities are not provided for heroin. 24, W PARTt}4RSIIIP On solnT y.FITur C;yMtt1 It in expressly understood that the City shall not. be construed or hold to be a partner or joint venturer of Lossno in the conduct of business on the doniaod pramiaeol and it is expressly understood and agreed that the relationship between the parties horato is, and shall at all times remain that of landlord and tenant. 25. QE,FAUI,'j' AAmRUPTCY, ETC.1 If the Loacee shall make any assignmont for the benefit of creditors or shall be adjudgod a bankrurt, or if a receiver Is aprointed for the Lossoo or. Lougee a assets, or any interest under this Loans, and if the appointment of the receiver is not vacated within thirty (30) days, or if a voluntary petition is filed under Section 10(a) of the Bankruptcy Act by the Leanne, then and in any event, the City may, upon giving the Laaace thirty (30) days' notice, terminate this Loans. 26. }FA�tniSSjj�(Ijj1ATIpt1= The Laaroo, for himself, his heira, porconal reppreaentativen, succoanors in interest, anti aanieno, as a part of the consideration horcof, does hereby covenant and agree as a covenant running with the land, thus (a) No poraon on the grounds of race, color, or national origin shall be excluder: fron Participation in, denied the benefits of, or be otharwise subjected to diacrir..inatioa in the use of said faciliticul 5 (b) In the conatruation of any impprovemonts on, over, or under ouch land and the furnishing of aorvicea thereon, no person on the grounds of race, color, or national origin chill be excludod from participation, denied the benefits of, or otherwise be subjected to discrimination$ , (c) The Losses ahall use the promises in compliance with all other raqut,pru^ts !mpActed by or preauant to Title 49, Code Oil Federal fauulaiiotco, Lopartmont of Transportation Subtitle AJ Office o? the Secretary, Part 21, itondiocrimination In Federally - assisted Programs of the Department e£ Transportation--Bffeatuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amondedl (d) In the event facilities are constructed, maintained, or otherwisa operated on the cold property described in this Lease, for a purpose involving the proviaion of similar services or benefits, the Lessoo ahall maintain and oporate such facilition and services in compliance with all other requirements Imposed pursuant to Title 49, Code of Pedoral Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Bedorally-aaalated Programs of the Department of Transportation -- Effectuation of Title VI of the Civil Rights Act of 1964, and as acid Regulations may be amended. 27. P1121AL 2gALiDj,Ts!r if any term, provision, condition, or part of this Loose is declared by a court of competent jurisdiction to be invalid or unconstitutional, the remaining terms, provisions, conditions, or partu shall continue in full force and effect as though such doolaration visa not made. 28. pAPOLL, UOTPICAT oUs, It to mutually understood and agreed that this agreement, as writton, covers all the oggroomonto and stipulations between the partieal and no repr000ntatiors, oral or written, have been made modifyingg, adding to, or changing the torma heroof, or may be made except in writing, signed by all parties in intoroat, and approved by the City Council of the City. 29. HARR51iTvr The City does not warrant that the property which is the subject of this Lease is suited for the use authorized heroin, and no guarantee is given or implied that it shall be profitable or suitable to employ the property to ouch use. 30. CalpLrAicr.tIU .UM Lessee ahall comply with all applicablo laws, ordinances, and regulations of public authorities note or hereafter in any manner affecting the leased theretosorranobuildinge,otructuren, fixtittoo, aand indrovementa Of the uao thoroof, whether or not any ouch lauo, ordinances, and regulationu trhich ray be hereafter enacted involve a ehanclo of Policy on the [part of tite gevornmentol body enacting the acme. Louses agreee to hold City financially haralonat (a) Pro" tice conacguenc an of any viou.tion of ouch I Tatra, ordinanceu, and/or regulationn; and If injuries, death, of i)to,-,2rty clat,nryr,�eccultinn faccount runuch viol: tion. Le: reo furtt.or it till not rornit any unlawful occupation, bu: inocr., of tra"n to ha eorducted on raw.. prrniron - or any use to Lr,• Ivrido t; cr^of contrary to any last, ordin.,nee, or f reryul:.tion no aforonaie •.,ith reu:,?ct thereto. I 6 i . oil , 31. t: M.2L2.I('tjMGat Lessee, at its own cost and exponent shall keep the leauod premiaon, all improvements which at any time during Leo term of this Lease may be situated theroon, and any and all appurtonancee therounto belonging, in good condition and ropaic during the entire term of thin Lease. 32. LESSEW Losses will not permit any lion., including, but not :mated to, :.tuchantcq', •146 laborers', o: matoriaimo7'o lions obtainable oc available unjot the then existing laws, to stand against the loaned bromiods or Improvements for any labor or material furnished to Losses of claimed to have boon furnished to Loosen or to Loosoo's agents, contractors, or sublessees, in connection with work of any character performed or claimed to have boon ocfocmed on said promises or improvements by or at the direction or sufferance of Loc000, provided, however, Lessee shall have the right to Provide a bond as contemplated by Alaska law and contest the validity at amount of any such lion or claimed lion. On final determination of ouch lion or such claim for lien, Losses will immediately pay any judgment rendered with all proper costa and chargoo and shall have ouch lion released at judgment satisfied at Lossoe's own expense, 33. MMZMMTion{ In the event the leased pcenisea or any pact thereof shall be condemned and taken for a public or quasi -public ucot then upon payment of any award or compensation arising from ouch condomnation, there uhall be ouch division of the proceeds, such abatement in cent payable duringthe term or any extension of the them horoof, and ouch other adjustments as the parties may agree upon as being just and equitable under all the cLecunetancoo. If the City and Lessee are unable to agree within thirty (30) days after such an award hen boon paid into Court, upon what division, annual abatement in cent, and other adjustments are just and equitable, the dispute shall be determined by arbitration provided in Item 39 hereof. 34. eRn TRATiOtt{ (a) In the event the portion ohall be unable to agcoo an to any matter provided for in this Lease ouch dispute oha11 be, datorninod by three (3) dinintoreated arbitrators, one of them shall be chosen by each of the parties horoto and the third by the two (2) no chosen, and the expense of arbitration shall be borne equally by the partioc. (b) The party dooiring 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 ouch notice the other patty shall select its arbitrator and in the event the two arbitrators ch000n shall fail, within fifteen (15) days after their selection, to agree upon the third, than the Superior Court of the State of Alaska nhrll, on request of the party not in default, or uron the request of either party if neither in in default, appoint within fifteen (15) days after such request, an arbitrator, or arbitrators, to fill the place or places remaining. (c) The decision of any tsto 12) of the arbitrators in conformity Stith the foregoing direction shall be final and conclusive uron the parties horote. The doeicion of the arbitrators shall be in uriting, signed in duplicate by any t:Fo (2) of said arbitrators, and one cony shall be delivered to each of the parties hereto. 7 i I (d) Except as specifically provided for in subsection (a), (b), and (c), the uniforrt Arbitration Law, of Alaska shall govern the arbitrationts) contemplated heroin. 35. Rng$EMBRt At the expiration of the term fixed or any sooner termination of the Lease, the Lossoe will peaceably and quietly quit and aucrondor the promises to the City. •' 16.+ @f _ g i To protect the position of any st�btnnant(s3) hecnaftor properly obtatning any intsteats in too icaacho!d oscato granted ..orv,ce hereundar, City •ageoes that it. the event of the eaneollation, torninacion, expiration, or surrender of this Lease (the ground lease), the City will accept the Subtenant, Ito successors and asaigno, as its leaeeo foe a period equal to the full elapsod.portion of the term of the oubleaso, including any extensions or renewals thereof not oxcooding the torn of this Lease, upon the same covenants and conditions therein contained, to the extant that said covenants and conditions therein contained, to the extent that said covenants and conditions are not inconsistent with any of the teems and conditions of this Lease, provided such subtenant steal. make full and complete attornmont to the City for the balance of the term of ouch sublease so as to establish direct privit of estate and contract between the City and the oubtenant with the same force and effect as though such sublease was originally mad directly between the City and ouch subtenantf and further provided such oubtenant agrees to comply with all the provisions of the ground Loaoe and all the terms of any mortgage, deed of trust, or security assignment to ,ihich ouch loaoohold estate is subject, except the payment of cent under the ground Loaoe and tho payment of any debt service under any such mortgage, deed trust, or security assignment. 37. flUMTssetts ttr rttTE=t This Lease shall be binding upon and shall inure to the benefit of the respective successors and 000igno of the partico horoto, subject to ouch spocific limitations or son gnment as are provided for heroin. 36. cteveRrtit•!n LAS-It This indenture of Lease shall be governed in all respects by the latta of the State of Alaska. 39. lMZt (a) Any noticoo required by this Lease shall be in writing and shalt be doomed to be duly given only if delivered personally or mailed by certified or registered mail in a pcopai envelope addressed to the parties at the address set forth in tb opening paragraph of this lease unless ouch address has been changed pursuant to oub-paragraph (b) hereafter, and in that can to the moat recent address so changed. The City shall also mail a eery of any notice given to the fiancee, by registered or certified mail, to any loasohold lendor (mortgagoo, bonoficiary of a deoci of trust, security aaalnneo) who shall have given the City notice of ouch nortgano, deed of trust or security assignment. (b) Any ouch addrooroa may be changed by an appropriate notice in writinij to ill other partirn affectod provided sucks change of addreor, in given to the other rartion by the neano outlined in Var.,41ral:1 (a) above at least fifteen (is) days prior to the giving of thu 1-articular notice in issue. 8 f .- _ _— �.,.- 91 9 40.Jn the avont that the Lease ohoul be terminated as bereinbofoce provided, or by summary proceeding or othorwiuo, or in the event that the domised lands or any part thereof should be abandoned by the Lesson during said term, the Looser or its agents, servants, or ropr000ntati•...s may, immediatoly or any time thereafter, co -enter, and roaumo possession of said Lando at ouch part thereof, and remove all poroona and proporty therefrom, either by summary procoodingo or y a suitable action or proceeding at law without going liable for ary dara;3n ;horofe:. e.o ro-ontry by tho Lourr shall-beo doemea a:' aceoptanee of s surrender of the Lease. 42. EQEE -iT Int? pP Rr11TAL{ In the event that the Lease should be terminated bocauao of any broach by the Lessee as herein provided, the rental paymo nt. last made by the Lessee chal be forfeited and retained by the Losooc as partial or total liquidatod.damagoo for said broach. 42. WRITTEN SIAIVP-RS The roeeipt of cent by the L0000r wit knowledge of any broach of the Leone byy the Losses, at any default on the part of the Lessee in obeorvaneo or performance a any of the conditions or covenants of the Lease, shall not be doomed to be a waiver of any provisions of the Lease. No failur on tho part of the Lesoor 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 ouch covenants or provision, or affect the right of the Lessor to enforce the same in the event of any suksequint breach or default. The receipt, by the Lessor, of any rent or anyy other sum of money after the termination, in an mannor, of tho term therein domiacd, or after the giving by the Lesoor of any notice thereunder to effect such termination, shall not reinstate, continue, or extend the resultant term therein domiaod, or destroy, or in any marner impair the efficacy of any such notice of termination no may have boon given thereunder by the Looeor t the Lessee prior to the receipt of any such sum of money or otho cone Waration, unless so agreed to in writing and signed by the Lossor. 43. pXL►TRATIQji 0 fSAM unless the Lease is renewed or sooner terminated as provided herein, the Lessee shall peaceably and quietly 104Ve, ourronder, and yield up unto the Lessor all a the loosed land on or before the last day of the term of the Lease. 44. QulLDl Aj!p 7.Anitt6 C=- i Leaned lands shall be utilized in accordance with the building and zoning ordinances and rules and regulations of said authority. Pollute to do no shall constitute a default. 45. PYRE rr.QT9=Ue The Lessee will take all reasonable Precautions to prevent, and take all necessary action to ouppros destructive or uncontrolled fires, and comply with all laws, regulations, and rules promulgated and enforced by the City for fire protection %-Athin the area vjhorein the leased premLson are located. 46 • 1' r".,LLi1T_1011s Leases in good otandinq may be cancelled in whole or in part at any time upon mutual written igreenent by Lessee and the City Council. 9 47. UJIU -yPtif, unr PnOuTnTmot LQGGOO shall not allow the leaachold promises to be used for an unlawful purpose. 48. APPROV,a[y0_r OTnp AuTttARITIF.BI The issuance by the City of Leases does not reliove the Lessee of Res 8onalbility of obtaining liconooa or Permits as may be cequirod by duly authorizod Borough, State, or Federal agencies. • M 49. R�FAsRZgtH:rtjT/RpLOCATIOu= Should it be roc.080ary to to, aeaign Losses to a different area of the airport terminal, the Parties agree as follower At least thirty (30) days written notico, in normal circumstances, but since plane are now being said for a complete renovation of the terminal, a move required for such renovation shall be made immodiatoly to aocomodato contractor!a work force. It will be the intention of the Lessor to give Lessee as much notice in advance as possible of such reassignment. The coots of relocation, including the costa of moving and setting up counter and related f8CIlitiao, shall be borne by the airport terminal and may, upon the agreement of the parties, bo subtracted from the monthly rant due byy Lessee to thi Airport terminal. Should roasaignment and relocation be neeos:ary, Leasoo shall be provided and afforded equivalent :Paco. In terma of both area and location, as that which it Proaontly occupies, to the extent found feasible by the Airport Operations Manager. IN WIT14008 WHEREOP, the Parties hereto have hereunto Got their hands, the day and year stated in the individual acknowledgments bplow. LMOR t CITY OF REvAI By$ William J. Brighton City Manager LESSEE: Name Tltlo -' (If Loaaee is a Corporation) ATTCSTt Flame _.. � Title 10 i I STATE OF ALASKA ) )ao THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of r 1981', 1-ILLI I J. BRIGHTON, being personally known to me or having produced satisfactory evidence of identification, appeared before me and 16n,wledged the vcltmti.r j ind aut:serizod ayoeistion of the foregoing inotrunert for the municipal corporation named and in the capacity indicated in the oxoewtion thereof. Notary Public for Alaska My Commission Expiroas STATE OF ALASKA 1 THIRD JUDICIAL DISTRICT )aa THIS IS TO CERTIPY that on this day of - 1981, , being poroonally known to noor having produced satisfactory evidence of idontifieution, appeared before me and Acknowledged the voluntary execution of the foregoing instrument. Notary Public for Alaska My Commission Cxpiroos STATE OF ALASKP ) THIRD JUDICIAL DISTRICT lea THIS IS. TO CERTIPY that on this day of 1981, , being personally knot -in to no or having produced satisfactory evidence of Identification, appeared boforn me and acknowledged the voluntary and authorized execution of the foregoing instrument for the corporation named and in the capacity indicated in the execution thereof. Notary Public for Alaska fly Commission Cxpircas Approved as to loose form by City Attorney = (tnitiaio) Approved by Finance Director itlalul Approved by City "rnater 1"11?-, (Initials) I IXASN APP7CV::D 15y Cit,, Council thin day CC City Clerk I 11 9 f f � i DATI;ot June 1981 Ale ,. •-' •�,./�.�"• �, ice'• 11OT TO SCAhE J� :0 Zo 2122 41, L# oe 1 i ROOM NO. CURRENT USE ROOM NO. CURRENT USE 1 - 6 Lounge and Cafe 18 AAI Ticket Counter i f 7 Janitor's Room 19 AAI Office Space/Wien Offices 6 FAA Equipment Room 20 Wien Offices ` 9 FAA Office Space 21 SouthCentral Air Office Space 4 10 Tesoro Office Space 22 Airport Manager's Office it Fan Room 23 AAi Freight Counter 12 Boiler Room 24 AAi Freight Office 13 Men's Restroom 25 AAI Cargo Area - 14 Women's Restroom 28 Avis Counter 15 Hertz Counter 29 Flight Service Station ' 16 Dollar Rent A Car Systems, Inc. 30 Avis Cargo Area 17 Wien Counter 31 SouthCentral Air Counter 32 Raven Transit 27 Aero Union Offices l F� I r • 4 r,j.y •,.. P,At . ••♦ r. A•b .! W AHENDNENT OP LEASE OP AIRPORT LANDS AND FACILITIES THIS AGREEMENT, to be effective July 1, 1961, between the CITY OP KENAI, P. 0, BOX 580, Ronal, Alaska 99611 hereinafter called "CITY", and BLUE MOUNTAIN VENTURES, INC., 1041 WEST 48TR, ANCHORAGE, ALASKA 99503, hereinafter called "LESSEE", and EDWARD N. BROWN. Whereas, a loose to Iota 7, 8, 9, 10, and 11 in Block 1, P. B. 0. Subdivision between City and Edward N. Brown, wan dated June 19, 1980 and Recorded in Book 158, Page 195 of the Ronal Recording District, and Edward N. Brown now doeires that a newly formed corporation, Blue Mountain Ventures, Inc., be substituted as Losses therein, and all portion desire to amend said lease to substitute lots 4, S, and 6 in said Block 1, for lots 9, 10, and 11, the parties hereby amend said lease to read as followss That the City, in consideration of the payments of the rents and performance of all the covenants heroin contained by the Losses. does hereby domice and lease to the Lessee the following described property in the Kenai Recording District, State of Alaskaf to wits Lots 4, 5, d, 7, and 8, P. B. 0. Subdivision A. Y((B =s The purpose for which this Lease is issued Los Warehouse - office complex 8. TB$)ls The term cf this Lease is for 09 years# commencing on the 5th day of June, 1980, to the 30th day of June, 2079. C. REt1RA_PA%=s Subject to the terms of General Covenant No. 9 of this Lease, rental for the above-deecribod land shall be payable as foilowos 1. The annual rental rate shall be 66 of the fair market value (as set forth and defined in General Covenant No. 9) of the demised premises, and the rental beginning on the lot day of July, 1981 shall be 016,228.80 par year subject to redetermination pursuant to General Covenant No. 9. 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 eaah year. if the annual rent exceeds 02*400, than the Lessee may opt at the time of the execution hereof or at the beginning of each now Lease year to pay rant in equal monthly inetallmento, payable in advance on or before the first day of July and on or before the first of each month thoreafter. 3. Rental for any period which is loco than ono (1) year shall be prorated booed on the rate of the last full year. 4. In addition to the rents specified above, subject to General Covenant No. 9, the Lessee agrees to pay to the appropriate parties' levies, aoeonamonts, and charges as hereinafter provideds (a) Taxes pertaining to the leasehold interest of the Leseee. (b) Salon tax now enforced or levied in the future computed upon rent payable in nonthly inotallmento whether rent is paid on a monthly or yearly basso. 1 (c) Lessee agrees to pay all tares and ansocomonto 1 I levied in the future by the City of Kenai, as if LBn0e9 was considered the legal owner of record of the Loaned Property. (d) interest at the Cato of eight percent (6%) pee annum and ton percent (10%) penalties of any amount of money owed under, this Lease which is not paid on or before the date it becomes due. (a) Additional charges, if any, as net forth in Schedule A. attached. (f) Aasesementa for public improvements now benefiting property in the amount of none. p. GER .R� �P AL COyeNAIM11 s 1. itgggs Except as provided heroin, any regular use of lands or facilities without the written consent of the City is pprohibited. This prohibition shall not apply to use of areas deaignatod by the City for specified public uses, such as paseongec terminals, automobile parking areas, and streets. 2, Meg HOT �t011T,RNPLaTEU PROHf62TL6s Solicitation of donations at the promotion or operation of any pact or kind of business or commercial enterprise, other than as specifically se forth herein, upon, in or above airport lando, without the written consent of the City is prohibited. 1. AggLaMIMs Except for assignment for collateral F` purposes, which will be allowed pursuant to the provision of paragraph 32 herein, neither this Lease nor any rights herein may be assigned in whole or in pact by Lessee without prior written consent of City, which wiii not be unreasonably denied, and any assignment without such prior written consent will make the Leasc voidablo at the option of City if exercised within 90 days after the attempted assignment to brought to the attention of the City Manager. Any assignee (except assignee's for collateral purposes, which will conform to the peoviaione of Paragraph 33 instead of this paragraph) of part or all of the loaned promisee shall assume the duties and obligations of the Losses as to the such will discharge Losses frompi oomidutiesNand 0qh 119ationsnhereunder. 4. flings Losses may sublet pact or all of its Interest in the l000ehold promises without prior City approval, excopt that Losses agrees to send a copy of his executed sublease to the City within to days after !to execution. in addition, al; subleases ace subject to the terms and conditions of the main lasso. and no subletting shall affect the obligation of the Losses to perform all of the covenanto required to be performed by the Losses heroin. S. TM?.T11EH eA neeisxs The License agrees to keep the premises clean and in good order at its own expense, suffering n strip at waste thereof, not removing any material therefrom, without written permission of the City. At tho expiration of th term fixed, or any cannot determination of the Lease, the Lessee will peaceably and quietly quit and nucrender the premises to th 2 city 05 W4AI • r I City. 6. PAYMENT OF RENT1 Chocks, bank drafta, or postal money orders shall be made payable to the City of Kona, and delivered to the City Administration Building, Konai, Alaska. 7, COMSTRUCTTOU APPR03ML ARID STANDARDSs Building construction shall be neat and presentable and compatible with its uses and surroundings. Prior to placing of fill material and/or construction of buildings on a loasod area, the Losses shall submit a plan of proponod development of property to the City Planning Commission which shall be approved in writing for all permanent improvements. B. i Should default be made in the payment of any portion of the rent or fees when due, or in any o the covenants or conditions contained in the Lease or in any regulations now or hereinafter in force, then in such event the City shall give Lessee thi ty (30) days after such written notice to cure such default or de�aults, after which if the default is not cured, the City may terminate the Lease, reenter and take p000ession of the promises, remove all persons therefrom. 9. RENT�PbCALATIQUi In the event this Lease is for a term In excess of five (5) years, the amount of rents or foes specified heroin shall, at the option of either party, be subjec, to redetermination for Increase or decrease based on the percentage rate (sot in c.l.abovo) 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 th, amount of cents or fees shall be offoetive, except upon thirty (30) dayo written notice. Bair 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 i Is capable of being used." This hair market Value will t•o based on the condition of the land on the date of this lease plus the value of Improvements, if any, made by the City subsequent to th 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 anniveroary of the lease after which the 505 cap provision shall no longer apply and the )oaae rate shall be codetermined every five years on the basic of fair market evaluation as Indicated above. if the Leeson does not accept the above appraisal as the fair market value as of July i of the redetermination yeas, Lonaeo shall give notice to City of such refusal within 10 days after delivery to Losses of the appraised valuation and the rental rate derived therefrom, and within 10 days after ouch notice of rofueal, the Lesson or the representative of the Lease will meet with the representative of the City to select an impartial appraiser from the regular Alaska memberahil+ of the Society of Real Estate Appraisera or the Anorican Inatitute of Real Estate Appraisers, or the successor body of either group wh has been properly designated H.A.I. or S.R.F.A., or S.R.P.A., or 3 TA �. :.If C' •Flih. any future similar dosignation which denotes profieioney in the appraisal of commercial property and in recognized an ouch by either of the above two groups or their successor bodies. If the City and Losses cannot agree on an appraiser as above providod, the City and Losses shall each submit the name of an appraiser from either of the above groups who holds any of the above -required dosignations but who has not rendered an appraisal on the property subject hereto within one year prior to selection, the names wil be placed in a container, and one will be drawn by lot. The patties hereby agree that the appraises agreed upon or so selected will be retained for the redotormination appraisal, that each party will pay one-half of the fee and exponeee of the appraisal, that the appraiser will be Informed that he or she is being ointly retained by the parties, and that the appraisal rendered will be binding on both patties for that specific redetermination of rcntal rate, which shall be effective as of July 1 of the redetermination year. 10. LEARR UTTLIZA j Leased lands shall be utilized for purposes within the scope of the application (made a part of this Loans and attached hereto) the terms of the Lease, and in conformity with the ordinances of the City and Borough, Ronal Airport Regulations, and in substantial conformity with the comprehensive plan. utilization or development for other than the allowed uses dhail constitute a violation of the Lease and subject the Lease to cancellation at any time, failure :o oubotantially complete the development plan of the land, consistent with the proposed use and terms of the Lease, shall constitute grounds for cancellation. 11. The promises demised heroin are unimproved and are leased on an "ao to, whoro ic" basis. 12. PROTECTION AP AIRCRAPTs No building or other permanent structure shall bo placed within fifty (50) foot of the property lino fronting a landing strip, taxiway, or apron without the written approval of the City. Thin area shall be used for packing aircraft only. 13. UNDERLYING TtTLEs 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. 14. $jaFIT OP IM6PECTIeNs City shall have the right of all reasonable Milo entor the premises, or any part thereof, for the purposes of inspection. 15. jplulll�CRs Losses eovonanto to save the City harmleso from all aetiono, suits, liabilities, or damages resulting from oc arising out of any seta of commission or omission by the Lescoo. his agonts, employees, cuatomero, invitees, or atioing from or out of the Lessoo a occupation, cc use of the premises domiced, or privileges granted, and to pay all coats connected therewith. In this connection, the Losses agrees to arrange and pay for all the followings (a) public liability insurance protecting both the City and its officors, employees, and agents and the Lessee, such insurance to be evidenced by a certificate ohowinq the insurance A 1 _ •i rs �N�Ar In force. The amount of such public liability insurance shall have limits not loss than those known no 0250,000/0500,000/0100,000. (b) Lessee agrees to carry employer's liability insurance and Workman's Compensation insurance, and to furnish a certificate thereof to the City. (c) insurance contracts providing liability insurance and Workmon'o Compensation shall provide for not loss than thirty (30) days written notice to the City of cancellation, expiration, or substantial change in policy conditions and coverage. (d) Losses agrees that waivar of subrogation against the City shall be requested of Losses's inouror, and shall be provided at no cost to the City. (a) Croan LIMIL tvr It is understood and agreed that the insurance afforded by this policy or poligies for more than one named insured, shall not operate to increase the limits of the company's liability, but otherwise shall not operate to limit or void the coverage of any one named insured as respects claims against the same named insured or employees of such othor named insured. (f) The inouranco grocurod by Lessee as herein roguired shall be issued in the name of the Lessee and the City and the officers, employees, and agents of the City by a company licensed to do business in the State of Alaska, and shall contair endorsements that (1) ouch insurance may not be cancelled or amended with respect to the City without thirty (30) days writter notice by registered or certified mail to City by the insurance company# and (2) Lessee shall be solely responsible ict payment Of premiums and that City shall not be required to pay any Premiums for ouch insurance. (g) The amount of insurance eovorage required above may be subject to review for increase at each fivo (5) year renegotiation of cho Loose. lb. COLLECTION OH UMPAID t1Q(jMI Any or all rents, ehrirgoo, face, or other consideration which are duo and unpaid al the expiration of voluntary or involuntary termination or cancellation of this Lease, shall be a charge against the Losses and Loosee's groporty, real or personal, and the City shall have such lion rights as are allowed by law, and enforcement by distraint may be made by the City or its authorized agent. 17. FAs¢neNT-G-r ITS P.E90101F i City reserves the right to grant and control easements in, or above the land leased. no such grant or easoment will be made that will unreasonably Interfere with the Losses's use of the land, and Loonee shall have free access and use of any and all parking and loading rights, rights of ingress and egress now or hereafter appertaining to the leased premises. 10. I. ASH I;UNIPTr TO r,er+aee agrees that City may Modify this Lease to rieet revised requirements for Federal or State grants, or to conforn to the requiremento of any revenue bond covenant. ISoriever, the modification shall not act to reduce the rights or privileges ! 5 r. I } 9 � I granted the Loasoo by thia Loaso, nor act to cause the Leaseo financial lose. 19. $sRREtMER_ Ott TERUDIATter1, Loosoo shall, on the loot day of the term of this Lease or upon anyy earlier termination of this Lease, ourrondor and deliver upon tho premiaos into the possession and use of City without fraud or delay in good order, condition, and ropair, except for reasonable wear and tear since the loot neeeaaary repair, roPlacemont, restoration, or ronowai, free and clear of all lottingo and occupancies unless expressly permitted by City in writing, and free and clear of all lions oni oncumbranaeo other than those created by and for loona to City. Upon the end of the term of this Lease or any earlier termination thereof, title to the buildings, improvements and building equipment shall automatically vast in City without requirement of any dead, conveyance, or bill of pale thereon. However, if City should require any ouch document in confirmatioi hereof, i-eaeoe shall execute, acknowledge, and deliver the same and shall pay any charge, tax, and fee asserted or imposed by an! and all governmental units in connection herewith. 20. AIRCRAFT OPBRATtgNa PROTemp-at (a) There is herobpp reserved to the City, its successors and assigns, for tho use and benefit of the public a right of flight for the paooago of aircraft in the airspace 300 the ourfaco and all improvements approved by the City of the promisee herein conveyed, togothoe with the right to cause in said airspace such noise as may be inherent in the operation of aircraft, hall or hereafter unod for navigation of or flight In?' the air, uoing said airspace are landing at, taking off tromp o. operating on the Kenai Airport. (When plane for improvements pursuant to paragraph 7 are approved by the City, the City to thi extent of those improvements releases the easement hero expressed.) (b) The Lessen by accepting thin conveyance oxpressly agrees for itself# its reprocentativoo, successors, and assigno, that it still not erect not permit the erection of any structure or objoctp not permit the growth of any troen on the land conveyed hereunder* which would be an airport obstruction within the otandarda ontabllohod under the Federal Aviation Administration Reguiationo, Part 77, as amended. in the event the aforoeaid 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 cut the offonding tree, al of which shall be at the exponee of the Loeeeo or its hoiro, succeaaora, or assigns. 21. MCFAULE POSAPHSIM City hereby agrees and covenants that the Loaaco, upon paying rent an performing other covenanta, terms, and conditiona of thin Lance, shall have the right to quietly and peacefully hold, uao, occupy and enjoy the naid leased prenices, except that any incenvenione caused by Public works projects in or about the leauohold promises shall not be construed as a denial of the right of quit or peaceable hooneanion. 22. L"SSFE T4 PAY TAXnC, Losree ohali ray all lawful taxe and assensnentc which, during the tarn horeof r..ay become a lion 6 i 1` I E V fi } 1) 00) <.i upon or which may be levied by the State, borough, City, or any other taxiovying body, upon any taxable possessory right which Loeaee may have in or to the reason of its use or occupancy, provided, however, that nothing heroin contained shall prevent Losses from contenting any increase in ouch tax or assessment through procedures outlined in State otatuton. 11. 19111AL 11 Jv esi Looneo agrees to pay City a reasonable charge For any special services or facilities required by Losses in writing, which services or facilities are not provided for herein. 24. KQ PART11ER8NjP--OR_JQT11T VE21T Rr GREAT .DI it is expressly understood that the City .ohali not be conatruod or hold to be a partner or Joint venturer of Lessee in the conduct of business on the demlood promicosr and it in expressly undorstood and agreed that the relationship between the parties horeto is, and shoal at all timoc remain that of landlord and tenant. 25, D PADLT glluPTCY. RTC.3 if the Losses shall make any assignment foe the bonofit of croditore or shall be adjudged a bankruft, or if a receiver is appointed for the Loaeoo or Looses a a000ts, 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 16(a) of the Bankruptcy Act by the Loseee, then and in any event, the City may, upon giving the Lessee thirty (30) days' notice, terminate this Lease. 26, MOVDSacRiniNATTON+ The Lessec, for himself, his heirs, personal roproaentativos, auec0000ra in interest, and assigno, as a pact of the consideration hereof, does hereby covenant and agree an a covenant running with the land, thats (a) No person on the grounds of race, color, or national origin shall be excluded from participation in, denied the bonofits of, or be otherwise subjected to discrimination in the use of said faeilitieoi (b) In the construction of any improvomonto on, ovor, or under ouch land and the furnishing of cervices thereon, no person on the grounds of coca, 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 premieeo in compliance with all other requirements imposed by or pursuant to Title 49, Code of Pederai Regulations, Department of Transportation, Subtitle A, Office of the Secretary. Part 21, liondiecrimination in Pedoraily-aseiated Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and an said Regulations may be amondedl (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 oir•,ilar cervices or benefits, the Leanee shall maintain and operate such facilitien and services in compliance with all other requirenents imposed pursuant to Title 4'1, Ce•1e of Federal Regulations, Department oC Transportation, Subtitle A, Office of the Secretary, Part 21, 1!ondiacriwination in 1•ederally-auaioted 7 Programs of the Department of Transportation -- Effoctuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amendods 27. PARTIAL INVALIDITY1 If any term, provision, condition, oc pact of this Leaso Is declared by a court of competent jurisdiction to be invalid or unconstitutional, the remaining torms, provisions, conditions, or parts shall continue in full force and effect as though such declaration was not made. 26. 61ODIPICATIONSt No lease may be modified orally or in any mannor other than by an agreement in writing, signed by all Parties in interest or their successors in interest. Any such modification shall require Council approval. 29, 11ARR t1TS: The City does not warrant that the property which is the subject of this Loase to suited for the use authorizad heroin, and no guarantoe is given or implied that it shall be profitable or suitable to employy the property to such use. The City will not be held responaibia for any water erosion of the land. 30. RIGHT To ADOT HUMj City reserves the right to adopt, amond, and enforce reasonable rules and regulations governing the domicod premises and the public areas and facilities used In connection therewith. Except In cases of emergency, no rule or regulation hereafter adopted or amended by the City shall become applicable unless Loseoe has been given thirty 130) days notice of adoption or amendment thereof. 31. NQMJJAULMe City shall not be liable to Lessee for any diminution or deprivation of possossion, or of Lassos's rights hereunder, on account of the exercise of any such right or authority as provided in this or the preceding section, nor shall Lessee be entitled to terminate the whole or any portion of the loasohold estate herein created, by reason of the oxercioe of ouch rights or authority, unless the exercise thereof shall so interfere with Loseee'o use and occupancy of the loasohold estate as to constitute a termination in whole or in part of this lease b operation of law in accordance with the laws of the State of Alaska and of the United states made applicable to the states. 9 32. PINANC=r►a, (a) For the purpose of interim or parmanant financing of refinancing from time to time of the improvements to be placed upon the loaned prominent and for no other purpose, Losses, after giving written notice thereof to the City, may encumber by mortgage, dead of trust, assignment or other appropriate instrument, Loasoe'o interest in the loaned promises and in and to this Lease, provided such encumbrance pertains only to ouch loaaahoid interest and does not partain to or create any Interest in City's title to the loaned promises. If such mortgage, dead of trust, or assignment shall be hold by a bank or other established lending or financial institution (which terms shall include an established insurance company and qualified pension or profit sharing trust) and such institution shall acquire the Losses's interest in such Lease as a result of a sale under said encumbrance pursuant to a foreclosure or other comedy of the secured party, or through any transfer in lieu of foreclosure, or through oottioment of or arising out of any pending or contemplated foreclosure action, ouch lending Institution shall have the privilege of transferring its interest In such Loans 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 ppoffofurood by the Losses, whereupon ouch londing institution shall go relieved of any rther liability under such lease from any default oftor ouch transfer. Such lending institution or the nominee or wholly owned ouboidiary corporation to which it may have transfacrod ouch Lease, or any other lending institution which may at any time acquire ouch Lease, shall be rolioved of any further liability under ouch Lease from and after a transfer of such Lease. (b) A laaaehold mortgagee, beneficiary of a dead of trust or security aosignoe, shall have and be oubrogated to any and all cighto of the Losses with respect to the curing of any default hereunder by Lessee. (e) tf the holder of any aueh mortgage, of the beneficiary of any ouch dead of trust, or tho security asaigneo shall givo the City before any default shall have occurred in the Loans, a written notice containing the name and post office addc000 of ouch holder, the City shall thereafter give to ouch holder a copy of each notice of default by the Loaooe at the some time as any notice of default shall be given by the City to the Lannon, and the City will not thereafter accent any ourrondor or enter into any modification of this Lease without the prior written connent of the holder of any first mortgage, beneficial intorost under a first deed of trust, or security naoignoo, in this Lease. (d) if, by reason of any default of the Loaooe, oithor thiu Leaao or any extension thereof shall be terminated at the election of the City prior to the stated expiration therefor, the City will enter into a now Lease with the loaaehold mortgagee for the remainder of the teem, effective no of the data of ouch termination, at the rent and additional rent, and on the torno heroin contained, subject to the following conditionas (1) Such mortgagee, beneficiary or security 9 I ' r ' aooignoo, shall make written request to the City for ouch now Lease within twenty (20) days after the data of such termination and ouch written request shall be accompanied byy a payment to the j City of all some then duo to the City under this tl Lease. (2) Such mortggagoo, beneficiary, or ooeurity assignee, shall pay to the City, at the time of the execution and delivery of such now lease, any and all sumo due thereunder in addition to those which would at the time of the execution and delivery thereof be due under this Lease but for ouch tecmination, and in addition thereto, any reasonable expenses, including legal and j attorneys' foes, to which the Cityy shall have boon subjected by reason of ouch dofault. (3) Such mortgagee, beneficiary, or security assignee shall, on or before the oxocution and delivery of ouch now Loans, perform all the other conditions required to be performed by the Lessee to the extent that the Lessee shall have failed to perform ouch conditions. (e) If a lending institution or its nominee or wholly owned subsidiary corporation shall hold a mortgage, dood of trust, or similar security interest in and to this Lease and shall thereafter acquire a leasehold estate, derived either fra'- aueh 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 porforn and observe the conditions in ouch Lease required to be performed by the Leases, the City shall not unreasonably withhold its consent to ouch aooignmont and assumption, and any ouch lending institution, nominee, or subsidiary shall be roiis ad of any further liability under such Lease from and after such assignment. If the pcop000d assignor shall assort that the City In unreasonably withholding its Conant to any ouch proposed assignment, ouch dispute shall be resolved by arbitration. 33. AME11011e1T AP SRh .:s Nothwithotanding anything to the contrary, in order to aid the Lo6000 in the financing of the Improvements to be situated horein, City agrees that in the even the proposed mortgages, beneficiary, or security aooicj,I.noo under any interim or permanent loan on the security of the tcaaohold interoot of the Lessee and the improvements to be sitvaod thoreon so requires, the City will make a reasonable effort to amend this Lease in order to satinly ouch requirements upon the j oxprcoo condition anti underotanding, however, that such variance in language will not matorially prejudice the City'a rights hereunder not be such as to alter in any way the rental j 1 obligations of,tho Loosae hereunder not tto obligations to cor:.ply with all exiatinq laws and regulations of the City relatinn to the leasing of airport lands, and to all applicable Federal { atatutou, rulos, anti regulations, and 411 covenante.and conditions of the doed by which the City holCa title to tbo land; 34. C_C=jArrc "T1i_LAi13s 10 i r) E (a) Leanne shall obaorvo, obey, and comply with all applicable laws, ordinances, rules, and regulations of the fodoral, state, borough, of city governments or of any other ppublic authorities now or ),oroaftor in any manner affecting the loacod promises of the sidewalks# alloys, strooto, and ways adjacent thoroto or any buildings, structures, fixturoa and Improvements or the use thereof, whether or not ony eue�t lass, ordinances, and regulations which may be hereafter onactod involve a change of policy on the part of the governmental body onacting the same. (b) Loscoa agroca to hold City financially harmless► (1) From the consequences of any violation of such laws, ordinancea, and/or regulations; and (2) From all claims for damages on account of injuries, death, or property damage resulting from sue violation. (c) Lessee further agroas it will not permit any unlawful occupation, buoinoso, or trade to be conducted on said promises or any use to be made theroof contrary to any law, jordinanco, or regulation as aforesaid with respect thereto, including zoning ordinances, culos, and regulations. 35, CAne AF ?RettiMS Losses, at its own cost and expense shall keep the leased premises, all improvements which at e4y time during the term of this Lease may be situated thoroon, and any and all appurtenances thorounto belonging, In good condition and cbpair during the entire term of this LOaso. 36. 9AULZ& i 1 The Lessee aball comply with all regulations or ordinances of the City which Oro pconulgated for . the promotion of sanitation. The promises of the lease shall be kept in a neato clean, and sanitary condition, and every effort shall be made to prevent the pollution of water. 9?. teBBes�s Ontta_ ATIQ11_ nett r Lessee will not ppeermit any liens including, but sat 1 mited to, mechanical, laborora,, or matorialmon'o liana obtainable or available under the then existing laws, to stand against the leased premison or improvements for any labor or material furnished to Loosen or claimed to have boon furnished to Lessee or to Lasso's agents, contractors, or oubleacoes, in connection with work of any character performed or claimed to have been performed on said promises or improvements by or at the direction or oufforenco of Losses, provided, however, Lessee shall have the right to pcovid a bond an contemplated by Alaska law and content the vaiidlty or amount of any ,ouch lien or claimed lion. An final determination of such lion or ouch claim for lien, Leacee will icsmodiatoly pa• any juagnent rendered with all proper costa and charges and cha have such lien released or judgment satisfied at Lossee's own expenoo. 39. j:gLQrUj%UQUs in the event the leased pro:nissoo or any part thereof sisall be condenned and taken for a public or a quasi -public use, then upon paynent of any aw.ird or cotspensation arising fccri ouch condemnation, there shall be such division of I the proceeds, such abatement in rent payable .luring the tern or I I it t . any extension of the term horoof, and such other adjustments as the parties may agree upon as being just and equitable under all the circumstances. it the City and Losooe are unable to agree within thirty (30) days after such an award has boon paid into Court, upon what division, annual abatement in rent, and othr adjustments ace lust and oquitablo, the dispute shall be determined by arbitration provided in item 39 hereof. 39. ARBITRATIONI (a) in the event the parties shall be unable to agree as to any matter provided for in this Lease, except as to the amount of the 5 year rent redetermination rate which is handled pursuant to General Covenant No. 9,.aueh dispute shall be dotorminod by three (3) disinterested arbitrators, one of them shall be chosen by each of the parties horoto and the third by the two (2) so chosen, and the expense of arbitrations shall be borne equally by the portico. (b) The party desiring arbitration, as aforesaid, shall give notice in writing to the other party of such dooiro, 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 soloction, 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 dofault, appoint within fifteen (15) days after ouch request, an arbitrator, or arbitrators, to Pill the place o places remaining. (c) The decision of any two (2) of the arbitratora in conformity with the foregoing direction shall be final and conclusive upon the prties hereto. The dociaion of the arbitrators shall bo in writing, signed in duplicate by any two (2) of said arbitrators, and ono copy shall be delivered to each Of the parties hereto. (d) Except an specifically provided for in subsection (a), (b), and (c), the Uniform Arbitration Lew of Alaska shall govern the arbitration(o) contemplated herein. AO. To protect the position of any subtonant(s) hereafter properly obtaining any interests in the loaachold estato granted Loscoe hereunder, City agrees that In the event of the cancellation, tormination, expiration, or surrender of this Lease (the ground ioaaa)# the City will accept the Subtenant, its successors and asaigno, as its lossco for a period equal to the full unolopsod portion of the term of the sublease, including any extensions or renewalo 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 Loaeo, provided ouch subtenant shall make full and complete attainment to the City for the balance of the tern of ouch sublease no as to establish direct privity of estate and contract between the City and the cubtenant with tho came force and effect an though ouch sublease wart originally r-Je directly between the City and ouch aubtenantl and further provided ouch subtenant agrees to comply with all the provicionn of the ground Loans and all the terms of any Mortgage, dood of trust, or 12 a, r - i '• t a security assignment to which such leasehold estate Is oubjoct. 41. SUCCESSORS IN I11TPRPST, This Lease shall be binding upon and shall inure to the basseflL of the raspeetive succeseore and assigns of the portion hereto, subject to such specific limitations on assignment as are provided for horein. 42. OOVERIMING Ltlt4i This indenture of Lease shall be governed in all respects by the laws of the State of Alaska. 43. bIQT=s (a) Any noticee required by this Lease shall be in writing and oholl be doemod to be duly given only if delivered personally or mailed by cortifiod or registered mail in a prepai envelope addressed to the parties at the address set forth in thed 0poning paragraph of this lease unless ouch address has boon changed pursuant to oub-paragraph (b) hereafter, and in that case to the moot recent address so changed. Any notice so nailod shall be deemed delivered on the date It is dopositod in a O.S. gencrai or branch post offfico. Tho City shall also mail a copy of any notice given to the Lessee, by registered or certified mail, to any leasehold lender (mortgages, beneficiary of a deod of trust, security aesignoe) who shall have given the City notice of such mortgage, deed of trust, or security assignment. (b) Any ouch 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 Issuo. 44, nZQ"T8 OP HOUgAGEE_OIt I,IEttHOLyEtt! In the event of cancellation or forfeiture of a lease for cause, tho holder of a properly recorded mortgage, dead 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. 45. EMBY MIR RE-Ptlin i in the event that the Lease should be terminated as hareinbeforo provided, or by summary proceedings or otherwise, or in the event that the demiaed lands or any part thereof should be abandoned by the Lessee during said term, the LOOM or Ito agents, corvanto, or representatives may, Immediately or any time thereafter, re-enter, and resure possession of acid lands or ouch part thereof, and remove all (w roono and property therefrom, either by summary proceedingo or y a suitable action or proceeding at law without being liable for any damages therefor. No re-entry by the Lessor shall he doomed an acceptance of a surrender of the Lease. 46. $E;TMIT1011 OP MITAti in the event that the Lease should be terminated because of any breach by the Lessee as herein provided, the rental payment last made by the Leaaee shall Ibe rotaiped by the Lessor as partial or total liquidated daranea for paid breach. 47. SYRI TEtj 1-21111rtti The receipt of cent by the Loasor with j knowledge of any breach of the Lease by the Learee, or any i 13 4 Whi default on the part of the Lessee in observance or parfotnanco of any of the conditions or covenants of the Lease, shall not be doomed to be a waiver of any provisions of the Leave. No failure on the part of the Lessor tc enforce any covenant or provision therein contained, no: any waiver of any right thereunder by the Losoor, unions in writing, shall diochargo or invalidate such covenants or provisions, or affect the right of the Lessor to enforce the same in the event of any subsequent breach or default. The receipt, by the Lessor, of any rent or any other gum of moneyy after the termination, in any manner, of the term thoroin domisod, or after the giving by the Lessor of any notice thereunder to effect such termination, shall not reinstate, continue, or extend the rooultant term therein demised, or destroy, or in any manner impair the efficacy of any such notice of termination as may have boon given thereunder by the Lessor to the Lossoo prior to the receipt of any ouch sum of money or other consideration, unless so agreed to in writing and signed by the Lesoor. 48. BOILDINO AND 011ZI-0-CODEgi Leased lands shall be utilized in accordance with the building and zoning ordinances and rules and regulations of said authority. Failure to do no shall constitute a default. 49. fjjW PROT.eTIOHs The Lessee will take all reasonable precautions to provont, and take all necessary action to oupproso destructive or uncontrolled grass, brush, or other fires on leased lands, and comply with all laws, regulationa, and rules promulgated and enforced by the City for fire protection within the area wherein the loosed promisoo are located. M PrRann - is • QP UATEAi=s All coal, oil, gas, and other minerals and all deposits of stone or gravel valuable for extraction or utilization and all materials subject to Title 11, Division 1, Chapters 4, 5, and 6 of the Alaska Administrative Code are excepted from the operation of a surface Lease. Specifically, the Lessee of the outface rights shall not sell or remove for use elsewhere any timber, stone, gravel, peat moos, topsoil, or any other material valuable for building or commercial purpooeol provided, however, that material required for the development of the IOaoehold may be used if Ito use is first approved by the City Manager. 51. nuTuAt CA11COLLATI 3 Losses in good standing may be cancelled in whole or in hart at any time upon mu..,,a7. written agroomont by Lossoo and the City Council. 52. DULAwPUL USE PROUIRITrDI Lessee shall not allow the leaaohold premi©ea to be used for an unlawful purpooe. 53. fl1199ITraa, The issuance by the City of Losses Moen not colievo the Lessee of responsibility of obtaining licences or permits as may be required by duly authorized Borough, state, or Federal agencies. 54. APPLICATIO.t ;fAQF, PAkR� QC..1,>rsi$Er The application for loans upon which this Lonna is based, the building information and development plane filed therewith, and the shoot entitled "For Your Information" oettlnn forth the conditions for acceptance and approval of the application, all of which are attached hereto, ace hereby incorrorated by reference and made a I I � 14 ; I f part of this Loabo. IN WITNESS WHEREOF, the parties horoto have harounto cot their hands, the day and year otatod in the individual acknowledgments below. LESSM CITY OF KENAI By$ William J. Brighton City Manager LESSM .P;Po Noun in Ventures, Inc. E/ddward N. Brown re 51'C&Pt Title (If Lasses is a corporation) ATTEBT.t 1 / Name Title crown STATE OF ALASKA ) THIRD JUDICIAL DISTRICT ) THIS 18 TO CERTIFY that on this ,_,.„r day of 1981, WILLIAM J. BRICHTott, being personally known to me or havin produced satisfactory evidence of identification, appeared befor me and acknowledged the voluntary and authorized execution of th foregoing instrument for the municipal corporation named and in the capacity indicatod in the oxocution thereof. IIotary Public for Alauka fly Commiaaion Expireas A,, ..J, _rt / /.{ . YJA. is N Q / N .0 STATE OF ALASKA ae THIRD JUDICIAL DISTRICT ) THIS IB TO CE IFY that on this' day of Sdtt_�_., 19810, .FLIL.�•11-d M. , rn.�n, being personally known to me or having produced satisfactory evidenco of identification, appoarad before me and acknowledged the voluntary and authorized execution of the forogoing instrument for the corporation named and in the aspacity indicated in the execution thereof. Notary Public for Alaska My Commission Expireaf Nwary f ffs 1n and for eN Slob of AkAd M CommwimUpire Feb. 7a�J��j._ Approved as to lease form by City Attorney 1.'S.'L�! .__ (Initials) Approved by Finance Director f't ee (Initials) Approved by City Hanagor fe (Init uls) LEASE APPROVED by City Council this day of , 1981. City Clork a i a .. i i I i 16 1 I I SCHEDULE A �} DESCRIPTION APPRAISED VALUE Lot 7, Blk. 1, F.B.O. $54,880 (5/8/80) Lot 8, Blk. 1, F.H.O. $50,960 (5/8/80) Lot 4, Blk. 1, F.B.O. $54,880 (6/14/81) Lot 5, Blk. 1, F.B.O. $54,980 (6/14/82.) Lot 6, Blk. 1, F.B.O. $54,880 (6/14/81) t s f a' e ANNUAL RENT $3,292.80 $3,057.60 $3,292.80 $3,292.80 $3,292.90 •j ti •. . �1 I I'M frrV Of b[NA, •1 •.e. e,e .n r. AMP-NDMEITT TO LEASE OP AIRPORT LANDS OR PACILITIP,B This AGREEMENT entered into this day of ..� , 1901, by and between the CITY OP KENAI, hereinafter called "City" and COOK INLET ENTERPRISES, INC., hereinafter called the "Losoeo." WHEREAS, on October 6, 1977, the City entered into a lease with Aviation Conoultanto, Inc, for -Rooms 1, 2, 3, 4, 3, and 6 • Torpinal Building Kenai Municipal Airport, Ronal, Alaska which was recorded in Book 117, Pages 627 to 631, in the Kenai Recording District, said lease has subsequently been amended and assigned to Le000e by instruments cocordod in Book 130 at Pages 382 to 384, Book 188 at Page 182, and Book 190 at Pages 183 to 107 in the Kenai Recording District. WHEREAS. the latest amendment (dated June 24, 1980) included a provision for determining rent increases or decreases booed upon Percentage increase or decrease of gross income for the Prior year comparod to the year Provioue to the prior year. WHEREAS, due to the change in business ow'lorohip that occurred June 29, 2979, it appears equitable to use the gr000 receipts for the second half of the 1979 calendar year in Interpolating an amount to be used in lieu of the gross receipts for the 1979 brio year. NOW, THEREPORE, the parties hereto agree that the lease dated October 6, 1977 and recorded in Book 117, at Pages 617 to 631, Kenai Recording District is hereby amended by adding the following sentenco to subparagraph (b) (as amended Juno 24, 1980) under "PAYHENT" on the firat page of said Loaves I Af1ENDMENT TO LEASE - Page 1 a l l c=— �� •:;:..�"'�-tea_._ .,...,. _.., ...- - . . Ury cS.f'im W.. , .:.. i F6 t M "For the solo purpose of an equitable establishment of the July 1, 1981, to Juno 30, 1982, rental rate, the gross i receipts for the 1979 base year will bo assumed to be an amount computed by multiplying the sum of the July, 1979 through December, 1979 actual gross receipts by two (2)." ti LESSEES COOK INLET ENTERPRISES, INC. By$ Richard F. Kochanuski ATTESTS President Joseph w. Anderson Socrotary-Troasuror LESSORS CITY OF KENAI B"S Sim. J. Brighton City Manager STATE OF ALASKA 1as THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of 1981, RICHARD F. KOCHANUSKi, being personally known to me or having produced satisfactory ovidonco of identification, appeared before me and acknowledged the volunto and authorized execution of the foregoing instrument for the corporation named and in the capacity indicated in the executio thereof. Notary Public for Alaska My Commission ExpiresS STATE OF ALASKA )so THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 1981, WHo J. BRIOHT011, being personally known to me or having produced satisfactory evidence of identifieatie appeared before me and acknowledged the voluntary and authorize execution of the foregoing instrument for the municippal corporation named and in the capacity indicated in the oxocutia thereof. Notary Public for Alaska Hy Conmioaion Expires$ AMENDISENT TO LEASE - Page 2 G piL�ltlr� i� u:.:rt•"5•„y.. GIG CITY 4F KENAI P. O. BOX 580 • KENAI, ALASKA • PHONE 263-7533 TO, Cauni� l - _ FROM, C; , 4. DATE -A ti • REFERENCE -- - egg, ;Avg f Lvi�f% �i'C'[/',(?w �°lh9�j'1�J c,I< <✓or/� �Pr7�0i'ihQ� / 11111 /// P rE c oh,• �• U� % 7�ti q f !✓ l� �i� riJ 1�0 Me'.-i • C�) b b t 610-, (9) 60? of 7, 2c c�) _ L 4 - - M,i ! ►oaY 60.117 -- -- u6 OL PIN.YLNI O/ ff.YVl. ar( IRev, 10•rel $40.0Y69 0(v/LOPVt"1 ,OMINIeIAI.ION IMYJ1.61 NO. B-055 eo.' I PERIODIC ESTIMATE FOR PARTIAL PAYMENT Lc'.►nACT 1 Name AND LOCATION 0/ PRO+(CT 1 PIDALOO _SUBDIVISION STREET 1NPROVP.MENTS_ �Itunni. Alaska .. 1 NAM[ AND AODRISS Of CON TRIG TOM 1 QUALITY ASPHALT PAVING, INC. Telephones (907) 344•-8422 1711 Soot 82nd Avenue May 24 •1 P(nIODIC (RIYA/[ NO.. 7 - -- FOR PLR100 -�� -- auno 22 le •.-. YO-.�....�,.-...1[Q1+• - 1. COST OF WORK CO.%PLETED TO DATE UNDER ORIGINAL CONTRACT ONLY ! Entries must he limited to sotk and costs under the original contract only. ' (Pork and cost data under change orders Is to be shown In Part 2 of this form.) Columns (1) through (5)• enter date shown in columns 1. 2, ), 8 and P. respectively, on Form ED•11I prepared by f Contractor. Columns (6) and (7). Show all work completed 10 data under 0115in01 contract. ' Column (a), Enter the difference between entries In columns (1) and (7). Column (A Show percent ratio of column (7) to column ()N CONTRACT ..�. COMPL(T[O TO OAT[ COST or � - - IT[M O(SCgIPT10N 011T[M NO. OwANT. COSTM 19109.COST OVANT. TOTAL c01T ONe.DYPL(T/D �OIIM CCMP 111 Iel 111 121:01 In far lei UI /11 111 20. 02 Clearing 6 Grubbing 1.04 5000.0 5,200.00 1.04 5200.00 ✓ 0 too` 0. 04 Unclassified Excavation 4iO 8.0 32,000. 407 27256.00 539240 $51 9910. 0. 05 Cloosltlad Becktill 3.0 11.100.00 i 604 82812.00 t1188.00 70834.00tat,.•d7766.00 90 06 Leveling Coarso 6SS a0. 02A Install Curb 6 Gutter, PCC 7,54 12.0 8.0 78,600.0 60,360.0 902 052 56416.00 ✓ 3944.00 93 30. 02B Install Valley Cutters, PCC 62 '0. 8.0 4:984.0 0 0 45713.00✓ 4984.00 10608.00 0 81 03A Install 4t Sidewalk, 4" 3,31 17.0 56,321.00 2689 1200.00 / 1100.00 It 51 1. 038 Install Curb Rampo 2 100.0 2.300.0 12 0' 156640.00 0 02 Aaohalt CnncretM Pavina, 3" 17.60 8.9 1?6,640.00 0 .400.00 -0. OS Asphalt Prime Coat 2 200.0 .4,400.00 O 0 tort: - 'j0. 02A 10" P.C. Storm Sower Pipe 16 21.0 3,381.0 161 3381.00 ✓ 0 100; 50 028 811 A.C. Sower Pipe, C1.2400 2,58 20.0 51,760.00 2500 51760.00 / 0 0. 04 Pro -Coat Manholes 2100.0 16,800.011 8 16800.00 / 0 1001 0. 06 Catch Boeing 1500.0 6,000.0 4 6000.00 ✓ 0 1 1 0. 07A Connect to Exiat.StormDrain I Manholes 700.0 1,400.0( 2 14011.00 / 0 to.), `. 0. 078 Connect to Exiot.Sanitary Bawer Manholes 1000.0 2.000.0 . 2 2000.00+ 0 lot' 0. 12 Sower Service Linea 2 410.0 11,480.0 24 9840.00 / 1640.00 86 + 0. 02A 81, D.I. water Pipe. Cl. 52 26 25.0 6.575.0 263 6575.00+ 0 to( 0. 02B 611 D.I. water Pipa. Ci. 52 2,76 24.0 66,288.0 762 66288.00+ 0 loci 0 03A 611 Onto Valves 350.0 2,100.0 6 2100.00 / 0 tor. 0. 03B B11 Cato Valves 400.0 400.0 1 400.00 + 0 lot,, 0 04A Pico Hydrant Anoembly. Single 25..0 17,500.( 7 17500.00✓ 0 tol.I 0 OS water Service Linen, 1"Coops 2 500.0 12,000.0 20 10000.00 ✓ 2000.00 83 I • 70 02 Adj. Exist .M/Ifoloo•Storm SJwa 150.0 600.0 4 600.00.4 0 I01 . ` 70 OB Adj.Exlat.M.L.Valvo Box 50.0 i00.O 2 100.00 � 0 t0. i . �; .. 70 09 Adj.Exi9t.wetur9arv.Kevl1oxeo 50.0 150.0 7 150.UOi 0 l0 • 70 19 Seeding. Tyne 1I 59.50 0.0 2.975.0 0 0 297S.00 0 t: 70 20 Savor F.neanementa, 20 L.F. 500.0 2,506.0 5 2500.00 / 0 111' _. 20 22 Pura.6lnatall Insulation - 2' 6,74 0.5 3,377..001376 3188.00 a 184.00 1) ' 70 23 Raw. Exist. Curb f. Center 50 3.0 1.500.00 676 2028.00 2900.00J 0 150.00 it na 20 19 i4ay. Exint. A/C Pavemunt 1.52 2.0 3,050.00 450 61 Traffic Signs 24 66 Street Lighting All 200.0 15000.6 5,200.0 15.000.00 Jt0% 0 67500.001 5290.00 7500.00 40 ' . 674 Painted Traffic M.Trkings All 8000.0 8,000.00 0 0 11099.00 I) 10TAL o/ cost cotUK*$ 18.4.93h.00i 162.441.00 223.671.0a Q ►CNf OU►f Of CONtRACi CHANGE ORDERS .. --- Appl rlOM! ►0ONA61YAL _ . • - _, [ .• Lit, #ally CMnaa• at.ITI it-0 to JAIY -1 Ilan /eyuu•/ o=in it nu M W► -__-� CON INIr, / PNTMCf Of OVe f1OY! .t lea► bCen Jnnr ten Ia 1 JAI 1M I N,rc fu. h orJ.# V . I NOr COY INAC/ PNIC► � GOVtNACI 1ONL COI/ 0/ ¢CaY1 0r CNAN6f AS ►NOAY 1 CNfvGe ONORN ONOen Ito Nf on CN-M ff OascusellOM Irefrs AOORO a" COAIPLC1f0 ONOlna -� C'AN4s ONOAn IOAayf MO. Otte . _ 1 OPl 1 s 1 1980Tli T10t128307 Z 60002 101237 it I— iotALs 1109.217 11 103,217 11 S. ANALYSIS Of AOJUSTAO CONTRACT AMOUNT TO OAT$ og— (illOriAloal Coefeast amount (Col. ) - front of fAfe fore) (eat plus. Acidlolone ssbedsited to column J above (et Labor OfJusttfna acbedoleJ in aolurnn O above w-.-8:4 (4) Adivoled sumac# Amoum to Jeff ----- -^ d. ANALYSIS Of W099 PBRfORMYO 562,441.00 ts) Case of aillinat fonoraee work performed to date (Col. 7 , front of color fern) . - -- 1 1 tN Lefte work Inducted so Jan (err. is *brr*) 669 S _ t f (4) vast ease of'boats perfomod to date 11 2R2AO (d) Local Amount #declined to aeaadones wish contract ierme fallow both person# ana Mello# •eovnq 9 is -•+.r (a) Vol amount urned on contract 'bolts go data q 7 EOOR @ 3.00 lit Add, Sloa#lab .rated at close of ibis period (ANs-A d•uNd rsnosur•) 64Q1.24%6y fA) Subrotal of (al and eft- -- - (h) Lost; Amount of previous pA7mrntt .- . 160.974,91 ((1 BALANCE DUB T1113 PAYMPNIf S. CERTIFICAT10tf Of C011TRACTOR AesordinS so rise bear at my ►au'bladSe and belief,1 c*galfy chat all learns and amounas shown on the be* of this PC,tadia Estimate to Eagaial pays+cot eft oaoeeti shot all wnr4 as boon performed and/err mreriot euyyplitJ iqq /tell Affordable with shf /egdir•Nann of so refosented Cuatract, ar1A/or duty sulhwltad doviefimso, subetiltalatt, ethical ons, on of amidonss this this fmfliuips is a i6Ai no pin of �h� "Dort nci DARho TMi Qi�mie 'lh% beep ircefviA and tla i &be detailed cod hiseaubcontes �ail11iU (Eieatil APPYr A1fe '3.,1 a. L(COmplied with All the labor ptortstons of said Connect. ►. cjcompikd Nt4h all rfs follow provisions of said comas facape in chose instant*$ whore an honest dispute exists dill of, span to u1d lab, tv.•vbtons. ft/ (a) is shodea, eeradao ►rfolfr nature of dlopule.) TWIN ITZ AHPHALT.PAt11f Ss i(tGrs- 07 _ iii 'auto w Avis load saey,soa"aN,ri feaaoasdr a- ! JU11P. -37 .19.J;;, Title S. CERTIfICATICH Of ARCIIIiBCI OR BHOINf.ER tt legally shot 1 hate ehecbrd and ratified the eW.0 mod kr•datn" P-11o14 E al-ne fat PaHlat PAyme ti rMt oo the Mar assay InwtiCJaar anJ bftlrf it Is *film and so fats acarfoent Of wuh,eOlolr.ed And/01 MOttrlf(•ui•plieJ by the comaffuri ObAt all 'barb anllor malaria I"cluftd In this Pesiolle Estimate Sit Wen in.1-04 by .0 *cod/-t by my duty aurh.Yi#ed rfpnsenssfirt of M.t.lancs wed Atom L bars boa otormel A•• f/ f w illifil in full acc.r.f oats with rryab•men#s of she Witt'"If fongaa# i and t►as partial yAyn.nO elsimed anJ ugw.wd by the td+lucrur Is Cmaaly wen f,rsJ an chv b+cis of Mal (etrc,MfJ .nJ1a mum• -r 1 seat-i'PbfJ to jAto. -•! 117 :C Is•I+l PP. A1Pftrl 4ife•J• ` Qswns( r r'R+,..�- ��/ i .Y • iy•. ii . �Y.t1 ��.... � Mber 4Nfad r� .. 7, p.;t•pAYSAENf CENfifICATION OY f 1Et.0 LNGiNEAG ;;.,+,• „ • . A/f/• loll, to�I // Osr.a fir. -1 paf•Afal aaraN•dt e�jtrr%� wr �'rb�•� rfl,r✓ - _.. ( Mot Cie.►..1 Ws ettel-re all flair of-, r On1131/a4 SLL6,1. of A,•-.,# IM CIAO, tct PAP "Pit, Ohs "Offs Aid ttp,gaa of my n.i►u.,:n, -f tM jrojacy anJ rhf ifri•••he oapvH sub«,dp.l bI rk• Hahn--rhnainrel. it is my opm,an /het the efalf#tn1 a1 ni pptlrut: •IJ An! •w materials s..pyt.#J it A.e.r Pf, INI Ohe contra#.r la v}.HHr"s A•- regai,tnJM$ Ol she A ga Ihf C•.nn.crof th.ndJ be PAID the A--nl oaq•.f load Aho.*. ( ir,rAy is I At sit eats An)las na-nias. ten let the C•.•tu.cO 1t. I.f" insp.ped by me in chat is So. been ie,f.,nfJ A+Vff sup• pt.tl to / it s,f••r.L,• r n,th fLe rryriga-•'nOs of off n 11A16. �! Dore s r.d As Ar .. _ ip•o�.. .! u• . c.r..,.t Pon" e0.111 u.{. ee1.A1IIMLNT Off COMMVRCN INLY. Ie•1/1 ROONQMIA OAYA♦,ONN/N/AUYINIAIAA/ION PRDItCT NO. all K 12720 BI PRRIODIC ESTIMATE FOR PARTIAL PAYMENT CONTRACT NO• NAM{ AND LOCATION 01 PROISOT KENAI SEWAM TREATatil' PLANT EXPANSION RAN{ AND AOONCIS OF CONTRACTOR BROWIN 8 ASSOCIATES, J.V. Box fill Kenad Alaska 99611 ' /aR10DIC atfIYATa NO. 1_.;��., row /eRloD May 24. a 8f, TC _. June 29. 1. COST OF WORK COMPLETED TO DATE UNPOR ORIGINAL CONTRACT ONLY Entries must be limited to work and costs under the ori8inel contract only. (Work and cost dais under chongt orders is to be shown in Pan 2 of this form.) Columns (t) throujll (5) Enter dots shown in columns 1, 2, 3, Bond 9, respectively, on Form 00.111 prepared by Centimeter. Columns (6) mad (7). Show all work completed to doaunder original contract. Column (0). East the difference bo/wttn entries in columns (5) and (7). Column (9). Show polecat #Alto of column (7) to column (51 Its" CONTRACT CON/Largo TO OAR Colo. O► O OYANT. 6091 R94 TOTAL COAT WANT. TOTAL e09T NO. GUMPTION o/ ITeN UNCOWang 0 COUP UNIT UNIT 111 1/1 111 111 III too 1T1 111 nl I MobiMation 84,335.00 ' 84,335.00 ' fool 2 VemoP..ition 18,000.00 ' 5,400.00 ' Sol 3 E44titW411 318,465.00 ' 05,726.40 - 965 4 Intet Manhole 6,075.00 ' 6,075.00 - loot 5 Asphalt Pavement 11,448.00 ' 0% 6 Fence 16,200.00 • 12,960.00 ' 80t 7 Seeding 2,544.00 ' of 8 Foam Septage Faeitity 11,424.00 ' 11,424.00 ' toot 9 Faun ContAot Eutlding 11,424.00 1,715.60 ' fit 10 Fou Paultall Uwe 11,424.00 ' 11,424.00 ' IM 11 Place Septage Faeil,Lty 6,038.00 6,038.00 ' IOOt 12 Place ComMot Building 6,038.00 ' 1,207.60 ' 20S 13 Place Paultatt Ftwne 6,038.00 6,038.00 ' tool 14 FOAM Oige6 tea . 120, 469.00 20,469.00 ' 100i 15 FoAm Cfmi6im e 1 71,242.00 71,242.00 ' q loo° 16 FOAM CfWU6ieA N 2 132,309.00 32,209.00 0001 fq,f 100$ 11 FoAm Sludge Pump Wtding •45,696.00 45,696.00 IM 18 Foem Othas 11,424.00 10,981.60 ' 90 19 Place DigesteA 63,675.00 63,675.00 - 10000 20 Place CWU6im s 1 37,656.00 31,656.00 ' 1000, 21 Place Clwu4ivA e 2 69,934.00 69,934.00 loot 22 Place Studge (lump (Tudding 24,152.00 24,159.00 too,, 23 Place OtheAs 6,038.00 5,434.20 90o 2J 7.taso111y 20,600.00 6,025.50 ' 29.2 25 Fabaieated Metatteoak 92,982.50 55,189,50 6 26 Rouglt CatpentAy 20,084.00 1,129.52 35.5 27 Fbtish Ca penMy 3,180.00 195.00 25' 28 Reoging and Oampf�toaSi.lq 36.463.96 3,646.40 10". 29 C.uitding Insuiation 5,088.00 3.358.00 .G". 30 Sl:ccial Indutatioa Pige5fet 46.275.00 it'641.50 90t 31 Co.-s and Winde s 9.851.SJ 1,385.80 T1; TOTAL 0/ C011 COLUMN{ n ti ' • j %T/CN+Vf10N f.yN llUCI ♦L.. C•T.9 1� .I WANE. IOIAI.00/1 NO. or fight COtt AAN TOtAI, COIL UNITUNIT YN1f VMCOM'LiINO •011m Coup 110 11f f/► f•f 111 NI 11/ 11► 1/1 32 Painting 137,316.00 ' 13,737.60 10". 33 Ht. Exchange We. Pump 1,120.00 ' 695.00 W 34 BOUCA Cinc. Pump 11078.00 ' 732.00 67.1 35 alas to Activated p tamps 17, 211. 00 ' 12, 964.00 - 15. ; 36 Digested Studge Pumps 19,818.00 ' 15,017.00 15.3 37 Mum Pumps 7,011.00 ' 5,120.00 72.$• 38 Septage TAansftA Pumps 14,618.00 ' 14,618.00 100° $9 Activated Studge Pumps 114,583.00 ' 115,437.00 991 40 Studge Rep -Mc. thunps 3,811.00 ' 2,779.00 11.6' 41 Studga Bett mm 93,981.00 ' $2,483.00 87.8 42 RoMy ScAee►ts $2,.502.00 • 22,579.00 ' 69.5 49 SecondaAy CtAiUdieA tfech 129,161.00 ' 125,868.00 971 44 Aehtatio►t Equipment 12j692.00 ' 10,043.52 960, 45 Studge. Heat Ekeltanget 16,908.00' 14,430.00 85..4 46 Ambic Vigestea Btowm 10,030.00 ' 177.00 n►► Cu3 3&� 41 AeuWn Basin Btowets 41,954.00 ' 54,108.00 f3.4 48 Automatic Compos.lte Samp(eu 81521.00 - 51964.01 69.9 49 Potymen Equipment 13,811.00 - 100,165.00 13.5' 50 LabOAatoay and shop Equip 30,•528.00 ' 21,153.00 - 69.3� 51 Vieset Engine Oeneaato3 Set 12,720.00 - 9,625.00 15.7 92 Tuck and TAa•(teu 159,586.00 51,452.00 99.3 53 C16jultatlon System 14,150.00 t0,d6f.60 72.5 51 SeeondaAy Cta ijieA Dome CovI&A 119,278.00 ' $1,019.00 34 55 Be" Conveyou 73,050.00 '• 58,626.00 56 Unde4940und Pipe 310,500:00 $8,957.00 33.4� 51 Above Oaound Pipe 250,131.00 ' 158,503.00 63.41 58 HVAC System 127,200.00 7,902.00 1, �.4 5.2 59 Ptunlbing, mist piping 6 epee 32"100.00 ' 24,948.00 ' 11S 60 Tnsutatlon 6 Neat TmIng 19,080.00 15,393.00 - 10.7 61 ACAOUC Vi9e6t94 BoittA 15,600.00 15,600.00 t00� 62 Cteetticat 304,319.00 06,512.00 63 Ovet Excavation f 2,100.00 2,100.00 1,00 i f TOTAL Or Cost cowNms i, 599, 2 , • V•COUY OR N1f f. �f. e- z .. 'PQL, _,... %• 16N/OULR Of CONTRACT CHANGE ORDIRS }h1 uone ntdvf laaugJ to data of obse oequcet even it no wore been ADDITION# TO CRIOINAL CONTRACT PRIG[ OROUCTION[ • eIa me, an Juno timlvr unit or moru such 01i6ro. snow CONTRACT PRICE AS PoaN ON CRANaR CONTRACT CMaNa[ ONOtR ' OteCRIPTION ' TOTAL COST OR It1."S App/.p OY COST OF ONANOE ORoeRITRNS NO. see Oa #a - R10 , lot Ch AlrO[ ORORR lot COYPLE TO OR/ISE one ORO[Na lot 1 excaMU011 change v4dea pant 1 31,916 50 - 31,916 50 I 801164tt change onden pant 1 50,584 00 • 50,584 00 Meelia► scat diange oetden pant 2 3,101 11 11101 71 Engine Oe►lenaton change ondeA pant 3 9,843 05 ' 2 2-21- 1 16" Emessggenvy bypae6 0 ft(►m 1,699 86 ' 9,933 00 PLov4de cton4Ne Leah 4ndieaton 172 50 172 5o PAovide ptoce66 duto 0 Conveyona 1,084 57 - 178 81 PAovide Nema 4 0 AEA 6t6w 41ULLeata/ta 414 30 • 260 41 Pnovide Nema 12 0 Bett Pne6d 690 00 - 690 00 Pnovide 6" 900 Wows (detait 4,E-41 148 00 148 00 Reduce Axte 44U"g to 12000 tbb 1,320 �625 00 Detete eontnaet detait 467 00 TOTALIi 105,649 55 90,984 99 1,943 00 ` 3- ANALV615 Of AD)USTEO CONTRACT AMOUNT TO OATII J. (a) 0slpinal contract amount (001. a • front of one Urw) 3 59 51i 5• 06 , 61 Plues Addition$ scheduled in column I above 105,649.55 � (a) Least Dgdaclime sehrdoled Is eolueas 6 above fill Adjusted contract amount so date /, AN OF ►Ec OSI of nal co wore preformed d)Cou of oriE(asl senrnet rack prfaMtd to don (oe% ► • Iesnf of rhu qrw) ? 63�1 (b)Hates work portamadsodate (coo. t gherq 90 96499 (e1 Taal coat of tvak poolsomed to dies /� b. t ► fill Lisa Amount festainod In accordance wbb consists tress (dhow asset pesetas end dore& en URI)—% r (0) Not amount coined as aoesiate week to date _ � }• , 01 Adds Materials stated as close of this period (Afresh doleffe/ achsdute) (1) subtotal of (sl end 0) ,,� 1 (b) Loses Amount of pewious payments LZ 8,477.31 ./ (11 DALANCR OUR THIS PATMdNT », 512.99 ' J. CERTIFICATION Of C61410ACTOR Ateordint (a the beef of my hnowled[e and belief. $ **ropy that all items and smaslate shown on she fare of this Pt iodle R/llmete to ppDote$ Payment sit ecru i shot all wait has both performed and/at material supplied in full usadatler wish one requinmoete of Chit t1fonnced Coarescq as /a duly swh lrod dovistions, subsNlurlone, al ees1 Ong, An!/et odditional •bar the !.Clain/ Is a 1/W an correct gltlemem Of 1 Contract account up to and Including; obe la., �ay of the period covered by the periufts F,nimsts( #Fat no port a11h0 CA Due This Payment" hoe basis received, and ohms she undor•i[ned and hit subeonruaeas hsa•(chota arPNesetl feel! a. CM Compiled with all site lobar provisions Of said eantesel, b, C] Compibd with all she labor provisions of said conuacl Oaaap In those leerancey whoa so honest depute nets with is. epeet to sold lobar poorlo.ore. (to (0) It ohuaod, loosed" #Utfir noun of limn.) WWII Co tsuitetion 6 Ad6oe4ates, J.V. IC"Uofi*! • pgealwe M AaThwtMa Ntyr ng11r1 _ 1,yne 24. , to -AL Tiste 1Y• 6. CERTIFICATION OR ARCHITECT OR INOIN!{H sersity oboe 1 havd Msk#/ and ratified ohs above and fatlolnl Pedodki Estimate fur Patdsl P ymeml thse to ob# beat of my hauled6it♦♦ sad belie it Is a four and Roseate alalemine of wells prllotmed ondlor material oupplielAy she contractor$ that all wait ais0lof material included in this periodic Estimsrs has been inspected by tna and/oo by m, duly sushmit#d tsp*ntnusise or asslelonse and that it boo b on perfumed Ant/or supplied In full accout1 -T wilh /equilewtnof the tefotence tomtettl anndd 11U1 pnual eymom sblsie� aid rgwsl.d by the contractor is conerdy enmputsd ts on the basis *Iamb nitamed And/or Maio• end aopFl%N%Plo dZn,Or. Ei/ned��i ![tdttf? I y�� A/Pitwdo .V L.TY w am-m Gate k ....C:...'I•i �� a :..•.�, .. ... 1. tAE•PATMENT CEETI/ICATION flY FIlLO (INOn/!!R k' `tr [ �' •-"• - - - - - - Ca1fa II/I of 1A/weal ##►IIIII/t I:'i:•t t �lC/ Of here theebsd This reNwan #points ohs ct.nttstra't /ehrtd.fe of Ammmso fur Cuhnit Parmenru, the noun and *#pats of my =dnufio N the ojoto. and she prefodN fopmlg wbmilted by The sothucel/enNinr•r, h Is m/ nprnton •heel the guumrnt e! wmlspe clawed Tad/nf maurue wrohod Is orwraq. lh.ls •hr runuaaa a obAerrmp the •rqu"emenls of •ho runlosel. Ind thso the coneneror shuvld be paid ohs Amovai oegwoted above. ©1 really 41.61 di wore AhUor material. under obt samact he# been inspected by me and ohs# it has. been (adutmed and/or owp. plied on full accordance wNh to/w ororguirstnrnss of the sometAtt. trials coabNM (newt I nTM Y. Y �� 1 ♦i 1 1 rfl.1,S�.1w7 a .,I �. �r„'. 1 r Ilrr 47 to .t' ���-��___ +M.t. LCt•....... ICeNOVI! 4[T/. .'YIN. IL V.,....AA I.ON AunP 6-oa.-ot4z-(j6n6 • PERIODIC EdTIMATE FOR PARTIAL PAYMENT _- _� AVAP 6-02.0142-06 NAME 4060 LOCATION 0e PaOtacI IMPROVKHENTS TO K_EN_AI MUNICPAL AIRPORT, KENAI, AK NAM[ Aldo AOpAaSS 0/ CON TRAC TON COASTAL HIQ. P.O. 60% 2107, SOLDOTNAT AR 99669 Pa"loole ESTIMATE No. `7) /OR PaR1Oe Aprl l 30, ,Lt , TO May il, 48.L. I. COST OF WORK COMPLETED TO DATE UNDFR ORIGINAL CONTRACT ONLY Entries must be limited to sak and cotto under the original contract only. (Took and Coal data under change alders Is to be shosn In Part 2 of thin form.) Columns (1) Through 0). Fntet data shown in enlumno 1, 2, 1, 0 and 9, respectivoll, oil Form Milt prepared by Contractor. Columns (6) and (7). Show all bark completed to date under original contract. Column (0). Enter the difference between entries in columns 0) and (7), Column (9), Show percent ratio of column (7) to column (5). IN[OM COld TNACT coMPL9190 TO DATA COST or Ou ANT. COAT 0Ta UNI. fatµ lOfT UNIT aUAN/. TOTAL COST DacCNIPTION OI ITEM • ONCOMPLCTco Manor .� COMP t,► MI Itl t11 let let ITT ISI 111 6-01 Underground Conduit 2" 13990 ' 2.19 ' 30,638.10 30,638.10 e.- 00 6-0 Underground Conduit 311/4" 3440 ' 4.76' 16,374.401 16,374.40 " -- 00 6-0 Underground Cable 1/c 08 28750 2.71' 49.162,50 ' 49,162.50 ' -- i0o 00 6-0 Control Cable 6 Pr. #19 400 2,80• 1,120.00 ' t.t2o.00 ' .. 00 6.0 Control Cable 25 {tr. 019 360 6.22, 2.239.20- 2,239.20 ' -. 6-0 Now T/li Lt. Pixturos 15 688.00. 10,332.00• 10,332.06 00 6-0 Salv,/Reinstall Lt. Fix. 144 431.20' 62,092.80' 62,002.80 -- 00 6-0 Else. llandholos 17 1792.06 30,464.00' 30,464.00 -- 100 16-0 Grounding System 1 Job L.S.' 29,512,00- 29,512.00 -- too 6-1 Lt.Regulator L-828, 30kw 1 .fob L.S.' 16,800,00' -.. 1.6,800.00 0 16-11� Snlv/Reiantall Lt.F.gttip. 1 Job L.S: 9.520.00 • 9.5I0.00 -- too 16-L Standby.F.lec. System 1 Job L.S. 95,200.00 950200.00 -- too 16-1 1New L-857 Lt. Banco 40 280.06 11,200XI) 11.2o0.00 -- 100 16.14iFire Suprons/Alarm Sys. 1 Job L.S. 10.640.00' 10,640.00 -- too 161 Modify Maint. Bldg. Flee. I Job L.B.' 16,800.00' 16,800.00 -_ 100 16-H Modify Maint. Bldg. 1 Job L.S. 11,200.00' 11,200.00 -- 100 2-01 Remove/Roplace A.C. Pvmt. 75013 11.76' 88,200.00 R8,200.00• -- too 3-01 Comet. Generator Bldg. 1 Job L.S. 40.000.00' 140,000.00 .- 100 Total Bid $31.495.00 I i 1 I � I I i ` - - - TOTAL OF COST COLUMNS — , 63I .49i. uD' 614.b9,.00f 19,H00.U0 E{� ,� JtCOw..00 •T.1. ••T [ i I '..17 (.11 Hv loudtr Ill. 1 Met ..r (is) Cut It, nr•v p.lur l ,nd i w.1.111 .Jti drrp Ilt'edke'1' TOTALS' - ns - 1,8if 19 - 1,886 19 - :NALYSIS Or ADJUSTED CONTRACT AMOUNT TO GATE 671,/.v5.00 11thrym4l /.•nit lei errnanl W .I. , • b,nr ear lean lr.Iol-, -- ----- - - •. - 1,Rttf1. 19 I., Plvs; A.floiun• W.. MrS .n Cnlumn s Ahme . . _ - ------------ •- - --'� -- - - -- --+ Hera: PY.hnk•n++.1"Med in lrL.n.n G Ibnar 633,381.1"� y a h.•r. d rrnuan a•nnunl In darn -__ -'_- --�- . ' - - - ' - %NALYSIS 0► %OAK PER►ORuED 614t695,00 "r If Curt n! C•.q.esl rt•nlrara rat 1• rfO:mld lo.law (Col. r • $rune of 'no, over,/ -- "- ` I11386. I9 ,X ••' /uu wal rlrk•tmrd lndau real. , soo.•) —_.--• -' - -- - -� - 616.581, 19—X 9 r 1 Tnut real of wml rrdn•mrd fo •!ale�� _ _ _ _ _ ___--- - ----"_ f %-61,658. 12 •s Tas.- A 4n.na ,rldnrd m anmGnr# with ""mart film# rtha. coon n•.r•n, .,�d dean#. alnevanL_._S - 9S4ti923.07- ✓ ' Net &•+runs ra•n.d on r ,au&n .oA IO jail . .�-.. -- ----^ •--- --- -- -- . Add; Yla,rnals ward so Close n1 this prfiod Wrath detailed ru., data). �- _ -----. -- ` 921a37 � ✓ 40b10181 of 1e1 cad M. ---- .----- -------- - - ---. -� ._ '5p416G9.08-- Itests Arruntofrrenmara)%-nn ----- -•• !'-" 50,273.99 - - - - ?' .1 BA1.4-1, Orb 11 .�._.-..--- "_�-------- -.-- -ERTIPICAIION Of CONTRACTOR -Clad{ear tdaht beat of r•.) Inn.1,31, and belief. 1 rrltil) that all i.r ns a•.d src.nunu d.uan a•, if., fair of s)-n P.ein.tir F+li ear lus PnuU Pa)n en: ut mare 0,41 all -.1, has Dun pldvlm,d andlos mstreiq svrrl.rd a lull ,.. c•.•ar•:r .ah she eegm:r roe nla ct the telettnrrd C,--swt, sn}foe I-lv •vd.nnl•1. dwe-w-,a. subwnurums, slv.n.nn#, anl'rr aa•.•Ion t, J se Ihr fr,rrr.nl It a ...e end enurrl s: air r.•e ry of lhr rnnturl ae uvm or sea and nclul.r.r it, Ian dal of ILL, f• nr•l I r. url ly 11nr P• rn.In i .. n•.ut; .hse no rest of ,lit "Pd.nn live Th.a Pass.. nf" I.a• been nrrr,rd, and d.&, -he o.• �rr..t n.d an! 1. r. •v . rnuac w:+ Iv,e •re•t..,& .�.+n4.aHr bnsl a. (Y f. mr.ied wqh all ,f.r lakor rrw i+ion+ u1 $aid err -least. b. 17 Co^plod r.:V all bt let..- I,rt i+Iva• of aid rrms'"s rsrrlr .r. tkar in•raa, r• . h.rt ,r. lunaw A,ul ,u r+ou . nh It• aprtr .O and tat.o, ►,ear ss,pns. (if (h) .a rF-I.d. drwm, #-Ill I•,.m• of 01.1 -1..) CO:,RCOI• Inc,,..._.- {t•4 .reel .- _. ... - If:.a,um• s• A: t-y»e Fro•r. r.na,.ai April It In 81 Till,Pro.►act Superintendent - LeAlifi6ATION 0► ARCIUIECT OR K"GINLE.R I,tcld) tlgt IIo$# It.. rl.d nnd,rnLrd An al•n+e ••d L.I$r,nr PI I;.d., i•w-.A,, fo• r..r: •,1 ran. m, d,. In da 1•rIr of my L +I.. TV and In ERE if 1.a.•.. •ed h•lu. 41 as. n, eat o1 r.a► pdu: n.d an: ',.- r....... I •u rL. ,! I•, Ihr I. v,ren:. Pot all •.�.1 an0'ot#sued-ci-a,d,nlh,• 1'•n.✓.r 1-- 11. 1•res, ro•1,r,ed h a.r and ear 1. - 10. r nr•n Isrn•rn,wn, m s."rits d r.et of L.. W" I. r. rlo•nl d . nf'n ,+; I". e, .r 1.11 ar. r •' m. .:1. I. q,m r. e. . 1'.. '.u1. wd I -it lm.fl yr meta'n,dA,•Aa.•,,.+u.•tq 0.. 1•-...s.r is rra. evil el ... .n is.,, .'r1 •.. :1 :1.. nt.,d an_I eau• APPROV90 CY CITY OF hlNAI IAn ..rn er rra....aN t1 tlrv►rAxA,E�r Xrl•taV�C .. . XPuiilt woke$. /i.�. ...... ATTimay ......... PRt.PAYI+LNT CERTIFICATION BY EIFLD ENGINES I X (Ile WAR .... ...- . " . " I ... .•••-•.•... •••••• rMJ Oar N fau real rnubr d: ►'�Ihneehetlyd the. •.unv a/am.l the .0 •frr:R ."EX"r .r L: 'C.n,b.r P.,•. ac. M. ear•.. nllrnr�na d th'.�•nurv. •nl Ihr (•e,..•u wy �'e. •..,1n.•A1r .....� .,. .. n, h.• rin.•.n I',I a h, ••a. mof •ur►rr..1.•mlda 'ear mue naH lul�lnd. #liven, d.w tln....... u lu, .�+. n)d. .. p.r. Hems of ,he ,.•n••uf,•.nd 1?►t the r rwrrct 1Dovld It Lea 1 eh. ... , m .. qr +.. d .ear, . 1 jlrrwd)ba, al!w.n .nd n• +uul. .r.l.e do .,. an11 r•I�..n lr•1 ...!Ir ,�I u1ru.I ,"e•1•..n prl. nrd ,••!'• , rind . Iv �rrn•lanr• nnl• 4, n�qun.r., 1... It #6 4.4„url. ++r tf)IU I.e. lots. .•^r n.r•..♦ s /,!:r. .�.rY• N.•;r'•/!,'Y';'t''r-•'hrS`+E;rT::�:tea',;'''��jfs_fvlb;k:4ti i • ryle ,'r y P', "..ti ' ,�. s' 4 _•' `?i !:=raj :4si•.:;, AOMINI���Tt:1i aCTYrr. 1 CH2M Anchorage Office Denali TowersNorth II H I LL 2550 DenaliStreet, t)th Floor ell I rrrs Anchorage, Alaska 99501 planners economists Scientists Date June 12, 1981 City of Kenai project No. K12720. x2 Box 580 Client Rel. No. 512 Kenai, Alaska 99611 Invoice No. 10489 Attn: Mr. Bill Brighton, City Manager INVOICE For professional services from April 25, 1981 through May 24, 1981 regarding the Sewerage Projects Construction Services. For detail regarding this billing period refer to Progress Report No. 26. Professional Services $10,998.26* Expenses 1,405.82 Fee !L Fy,/y l 1,908.34 Labor adjustment (12/25/80-4/24/81) 1_ 007._e* AMOUNT DUE . . . . . . . . . . . . . . . . . . . . . $15,400.00 *Reflects increase of DCAA audit approved labor multiplier from 2.54 to 2.63. OUSTANDING INVOICE 5/15/81 Inv. No. 101168 $21,300.00 CITY 101tX E; , vi Ep,vtcq ... ....... PAVAOU 0%4ECEIPT Of MV010E. MAW[ CHARCH KIEE Of ASSESHO V 1 PERCE%f PTR MONTH (OR MAXIMUM 1PERMISS10EE1 UF401R STATE - EAKiU`AttACI'OIihISUSlkH1oAYSPAe10lEltiElSSSTAIEUUINERHtlEthOE.'RCUhfRAGE. `�/�,Q �//5/�/ . .r i i i 1 1• I I e _ it �LL CH2M 3 H inaersI LL enK plannrrs economists i scientists r June 12, 1981 K12720.22 Mr. Bill Brighton, Manager City of Kenai vox 580 Kenai, Alaska 99611 Dear Mr. Brighton: Re: Kenai Sewerage Projects Progress Report No. 26 During May 1901 we continued to provide construction engineering ser- vices for the central Kenai Interceptor sewer, sewage treatment plant, and outfaii. Major work Items accomplished during May are summarized as follows: ' Sewage Treatment Plant 0 Provided full-time resident inspection by Jim Maclarlelio. o Corresponded with Mustafa, Hong, minority subconsuitant working on the O&M Manual; reviewed preliminary submittals. 0 Processed Contractor's pay estimate. o Delivered final user charge report. Interceptor o Corresponded with Contractor regarding startup of construction and miscellaneous questions. 0 2repared for on -site Inspection by Les Shoupo starting May o Provided construction surveying assistance. Anchorage Oltfee Denali towers North, 25S0 Denali Street, eth floor, Anchorage. Alaska "501907/278.2551 0 Mr. Bill Brighton, Manager June 12, 1981 K17.720.z2 Page 2. I I� E Outfall The Contractor has been awaiting the arrival of materials and plans to start construction during the week of June 29. The following table summarizes cost data for engineering services through May 24, 1981. The task designations correspond with our engineering services agreement and the subsequent amendments. i Previously Task Authorized Billed This. Bill Total 3. Services During Construction $ 95,514 ✓ $ 69,940 ✓ $ 1,720 $ 71,660 ✓ C. Onsite Inspection 147,392 69,172 ✓ 11,330 80,502 , D. D3-8, E-1, 6 ' Special and Other 81,157 35,528 ✓ 2,350 37,878 ✓ Total $324,063$174,640 ✓ $ 15,400", $19e,040 � The Defense Contract Audit Agency has recently completed an audit of our firm and has approved a new forward pricing labor multiplier of 2.63 (up from previous 2.54). Included with the Invoice dated June 15, 1981 is the adjustment for the May billing period as well as a line item adjusting the previously billed labor services since December 25, 1980. The actual rate for 1980 is not yet audited --a future invoice will cover the required adjustment. For your further information regarding this adjustment, please refer to CFR 41-1-3.703(6). Sincerely, fee Loren D. Leman, P.F. y, bja:100:g cc: Keith Kornelis Charles Brown TV / N F .e. fir... ► . - agxu,� ua.aaiNn,e�nn.ncr�ano CONSULTING ENGINEER �no���ea-nnan mmi�� Qmam ff ff"e=060 EO June 8, 1981 SUN W"I It 41011'. iiT•• .Jilt devn Statement Keith Komelis Public Works Director City of Kenai BOX 5WJ Kenai, Alaska 99611 Lawton, Tinker, Walker, Rogers Walker Water/Sewer Extension Project No. 80127 Services through May, 1981 Professional Services Engineer I 26.5 hours @ $55' $1,457.50 ✓ Engineer II 2.0 hours @ $45 ' 90.00 ✓ Engineer III 48.0 hours @ $37 1,776.00 J Draftsman 44.0 hours @ $28 ,1 11232.00 ✓ Secretary 10.0 hours @ $20 200.00 J $4,755.50 Expenses J Project Manual $384 (x 1.1) 422.40 Drawings 10 sets @ $36 360.00 ✓ Copi,2s 274 @ $.20 54.80 -TAPping $29.50'(x 1.1) Prints J(x 32.45.i % $27.17 1.1) 29.90 ._^ l399.55 $5,655.05 or. - Ir /'�✓ AGREED FEE t0f TO EXCEED $4,200.00 ✓ `I t r `✓" " ,� AMUM DUE $4, 200.00 -- Y/_ f�'.• astir, �.. 0 W i CITY OF KENAI .., " Del G;a ad l 4 4"10 I.O. SOX 110 K1NA1, ALA111A 99611 111OPHON1 713 • 1036 MEMORAUDUM TOs HONORABLE MAYOR AND CITY COUNCIL /�-�- FROMs BEN T. DELAHAY, CITY ATTORNEY 641 REs PROPOSED MODIFIED REGULATIONS OF SALAMATOP SEAFOODSr INC. DATEs JULY i, 1981 Attached hpreto are copies of forwarding letter, bids for use of docks modified regulations, license agreement between Salamatof and Royal Pacific Fisheries, Inc. for use of Quay Wall with forwarding letter, and a copy of the rates which Council approved at its last meeting. These papers were delivered to me this morning too late for the packet, but I will endeavor to distribute them to all Councilmembers today so they will have a chance to look at them before the meeting, and if this matter is not added to the agenda, I will bring it up during my report. Since fishing season has already started, action should be taken to approve or disapprove these regulations without delay. I have gone over the regulations, and in light of information that I have received since the last Council meeting, and with the modifications which have been made to provide for public use of the dock and quay wall, I believe that the enclosed regulations = in compliance with the S3atamatof lease, and therefore I recommend approval by the Council of these regulations. BTD/md Enclosures u, J R ' /IILNT M. WADBWORTN JAM96 T. STANL[T THOMA6 J. TLRBICN LAW OFFICES WADSWORTH, STANLEY a YERBICH A PROFBOOIONAL CORPORATION 9a0•P*0TRB6T,0UITC .410 TCLEPNONQ ANCHORAOQ,ALASKA 99S01 ARBA COO[ 007 274.6C91 June 29, 1981 Ben T. Delahay, Esq. 19001.43 Kenai City Attorney P.O. Box 580 Kenia, Alaska 99611 Res Public Use - Salamatof Dock Dear Bens Enclosed is a revised, amender draft of the Rules and Regulations governing public use of the Salamatof dock and off-loading facilities/equipment. Pending final approval by the City Council we plan to administratively operate under the proposed rules. We are also enclosing copies of the bids received for the use of the facilities. Royal Pacific Fisheries was the highest -responsive bidder and we are, pursuant to the provisions of paragraph 20 entering into a separate licensing agreement with Royal Pacific on the use of the Quay Wall area. TJYs ser ccs Salamatof Seafoods, Inc. Very truly yours, WADSWOR • S LEY & YERBICH MEITh 6 J. Yerbich RECEIVED fill .I QY UMAL "C". CTTr 4I "0441 r4 G RULE£{/PROCEDURMR - PUBLIC USE SALAMATOP SEAFOODS, INC. FACILITIES The dock facilities of SALAMATOP SEAFOoDS, INC. located on Lots Ono (1) and two (2) of U.S. Survey No, 4363, Kenai, Alaska and ioanad from the CITY OF KENAI under written lease dated !larch 15, 1978, recorded in Book 129 at pagan 6-25, inclusive, shall be made available for public use in accord- anco with paragraphs 17 through 24 of the lease, under the following torma, conditions, rule and regulations. I. priority of f Usage. 1. SALAMATOP SEAFOODS, INC. reserves and shall have first priority an the usage of the fish pump, rofuoling, crane, tie-up buoys owned and placed by SALAMATOF SEAFOODS, INC., storaga, handling, parking and other facilities locato6 on or about the domisod promisus. 2. Usage of the Dock by the public shall be on a first-como, first served basis subject to the following excaptiona/limitationst (a) During the period Juno 1 through August 31, fishing vassals shall be docked for off-loading prior to any other public usage of the dock facility, on a first -come, first -served basisl provided, however such unloading may be accomplishods (1) Without hazarding the Vessel being unloaded, the Dock or any other Vessel in the vicinity; and (2) Consistent with and without disrupting off- loading Vesaalu at the fish pump. (b) The fish PUMP leCated on the Dock and tho area in the immediate vicinity of the Dock shall be mado available for general public uuu only to the extent the fish pump is not being +t.!ilized by SALAMATOP SEAFOODS, INC. in e its apariltiolirs. (c) Vehicular traffic in the area of the Doak and the South end of the SALAMATOF PLANT resulting from the off- loading of fishing Vooncla othor than in making dolivorion to SALAMATOP SEAFOODS, INC. dons not impede, disrupt or otherwise impair the operations or flow of traffic generated by the oporationo of SALAMATOP SEAFOODS, INC. 3. The Dock Maxtor may, in his discretion when he shall determine that it in roanonably,necoosary to ensure that the maximum number of boats are off-loaded during any given period of time or the maximum amount of fish can be off-loaded in the shortest period of time or ouch action io reasonably necessary to prevent opoilago or wastage of raw seafoods product, take boats out of Lino for off-loading. 4. SALAMATOP SEAFOODS, INC. does not guaranty or warrant, in any manor, thats (a) There will be opaco available at the Dock for off-loading operations or that the off-loading Of any Voonol can or will be made without undue dolayi (b) The suitability of the Dock or off-loading equipmonti (a) Access, ingrase or agrees to the Dock or adjacent area in or will be available at any given timol (d) The availability at any given time of any handling or off-loading equipmont, storage or otaging area an the prominool or (a) Tito availabilLty of suitable tie-up buoya or other anchoragn facilition £ar• use by Veacolo awaiting docking. 2 r` i i I ' j t f I II. Arua of Control. 1. The "area of control,, for the dock area shall encompass an area including the adjacent watorn within 150 feet of the dock or any permanent part thereof. 2. No vessel will be permitted to utilize the dock or merino fueling faaliihion unloas the master of the vossol agreas, except to the extent deviation in required for Cato navigation and/or to avoid hazarding any vessel, to comply with the followings (a) Not to enter the Control Area until authorized to do no by the Dock Mastort (b) To conduct all operations within the control area in compliance with the orders/diroctiona of the Dock Mastorl and (c) To conduct all operatione with roaeonably prompt dispatch Co no to permit completing operations with a minimum of eplay. 3. Any v0000l off-loading at the dock facility shall at all time it is within the control area ostabliah and maintain two-way communications with the Dock Maetor by radio on a standard published frequency, radio-tolophono, loud -hailer, powered megaphone or other device appropriate for maintaining understandable, clear, decipherable aural commmunicationa. A. Hotwithatanding anything to the contrary heroin contained, these rules and regulationo shall not be construed so relieving any vessel manter, of the primary responsibility for the safe navigation and operation of his voosol nor shall it imporso any liability on SALAMATOP SEAFOODS, itlC. for any Injury or damago occurring as a result of any vessel complying with the orders/diroctivos of the Dock tlaeter. 0 M III. 11noof SALAMATOP 8VAPOOM,,LINC. 6quipmont. No voaoel i shall be permitted to off-load fisherion or seafood prod ue* ! at the dock except by use of the crane installed thereon or, I when avaiiablo, the fish pump. SALAMATOP SEAPOODA, INC. dean not guarantee the availability of nor shall it undertake ! to provide any other handling equipment (o. g., forklifts). Substitute off-loading i facilitiaa/oguipmant may from time to } 1 time be furnishod by SALAMATOP SEAPOODB, INC. Other means ! of off-loading must be approved, in writing, by the Dock Maxtor or the SALAMATOP SHAPOoDS, INC. plant manager. No - - - poroon other than an agent, employee or servant of SALAMATOP SEAPOODS, INC. shall be permitted to use or operate its equipment. I j IV. Vehicles on Dock/Adjacent Area. The ownars/operators of a vansol alongside the Bock shall be permitted to have no more than two (2) motor vehicles on the promises, one (1) i vehicle in a designated staging/waiting area and one (1) vehicle in the dock area rocviving fiahorioa/seafood product as it is offloaded from the vonselo. Owners/oporatore shall 1 F provide and may utilize on or about the dock and adjacent j area ono (1) forklift during the time a Vessel is actually {( :...-.:-. unloading alongsidet at all other times any forklifts or motor vehicles must remain in a designated staging area. ` All vehicles on the premiaen muot comply with all pouted L traffic controls, routes and points of ingress or agrees. V. Liconaeo Rqulpment. The unor of the dock unloading ii 4.;.- facilities shall, at his sole coat and expense, furnish all a' fit-.. actuipmont and personnel neeossary for handling and transport of the fisheries/seafood product (e.g., totos, boxes, trucks, forklifto, otc.l. y Vl. Application P, r Utte. • f 1. The owners)/operator(s) of each vosool, other than °- thoso delivering fiahor.ien/nej!ood product to SALAMATOP i 'V I I n G APOODR, INC., (Ioniriny to utilize the dock facil.ition for off-loading oball submit a request for ouch use during each annual fishing seanon (Juno through Angust), in writing, not later than May 1 of each year, Dotting forth the date(n) of anticipated usage, name of tho vossol(s), the not (burden) tonnage of each vennol, and estimated poundage of fishorion/nonfood product to be unloaded. 2. Not loss than forty-eight (40) hours prior to the •date the Wesel expects to arrive at and use the facility, the owner(o)/oporator(n)/mastor of the vessel shall confirm with the Doak Mnxtor the usage of the dock and estimated time of arrival of the vessel. 3. At l000t thirty (30) minutes but not more than one (1) hour prior to arrival the mastor of the vessel shall communicato by radio or radio-tolophono with the Dock Master and shall provide a revised estimated time of arrival (ETA), and poundage of fisharios/seafood product to be unloadodl the mastor of the vossol shall also report to the Dock Maxtor by radio or radio-tolopliono, when the vosool has arrived at the first buoy. A. An part of the application, the ownor(s)/oporator(s) and maotor of the vessel shall, in writing, agree to be bound by the terms, conditions, rules, and rogulationo of SALAMATOP AP.APOODS, INC, respecting the use of the dock/unloading facilities. VIZ. Rink of Loss/jnsurancs. 1. Neither the CITY OV XRNAI nor CALAMATOP SEAPOODS, I11C. shall bear any rink of lunr), responsibility or liability for any damage to any vasnel, cargo, crewman, employee, agent, servant, or ether paruon in or about or connected with the use, occupancy or enjoyment of the dock, unloadinq equlpmeut or other facilittoo. licensee shall bear all risks, ronponnibility and liability for such loss. ■off„""'•``'`---, ...: �..,.��-��' --- - - - - - �r� �___�_-�� �.� _-__--__�---__ _. - —.-� ---_ . _ . 11 11 2. Thu owner(u)/operat.nr(a) of each vonnot ttrilizinq L•ho duck and/Or of.P.-loudiaq f.tui.l.itios shall, in writi.nq, warrant, promi.no, covenant, and agree to indemnify, defend and forever hold HALAMATOP RHAPOODS, INC., its diroctorn, shareholders, effirsorn, arinntn, amploycon, norvanto, or their ouccosnorn, hoi,rn, or asnigns, and tho CITY OP KRNAi, its agents, omployeon and servants, or their suec0000rs, heirs, or aoaigna, harmleas from any risk, rosponnibility or liability for. any Joao, damage or injury to any vonool, cargo, proporty, equipment, facility, or person resulting from or connoctod with the uae, occupancy or enjoyment of the dock, unloading facilities, oquipmont, and related or adjacent groan of OA1'.AMATOP 811APOODS, INC.; except as such loan, damago or injury nhall result from the activo, actual • nogligonco, error, conduct, act or omission of either the CITY OP KKNAI or SALAMATOP SRAPOODS, INC., or their officers, agents, ampioyoon or oorvantn. 3. The owner s)/oporator(o) of each voonol using tho dock and/or off -loaning facilities shall, prior to any use, occupancy, or enjoyment, of On dock, off-loading oquipmont and related facilities of SALAMATOP ARAPOODS, INC. provide evidence of put)lie liability and damago insurance, including coverage of all v00neln, equipment, and vchielon, in an amount not 1006 than 0250,000.00 par person, $500,000.00 por accident or occurenco and $100,000.00 property damage. 0ueh insurance policy shall have a ridor or endorsement extending coverage to SALAMATOP SBAPOODS, INC. and the CITY OP KENAI as additional inaureds, that- such insurance is primary and any insurance coverage of either RALAMATOP SP.APOODS, INC. or the CITY OF MIAI shall bo accondary and excess coverage. Such evidence of insurance bhall be•in form oatinfaetory to the Kenai City Attorttoy and corporato counsel of nALARATOP GeAvoon•3, Isle. VIII. Pucti 1,icitir,irrn. 1. tins of tho marine flirting facilities 11111ill be on a first -comp, fi.rat-served banin oubjeet to the below listed exceptiono,nnd aonditiona. 2. To the oxtnitt doonuxt nucennary by the bock Naator., fueling aporationa may !so nunpondod, curtailed or, dolayed to prevent disruption of or i.ntor.foronco with the off. -loading of finhori.00/uoafooa proAtiet, at the dock. 3. Vasacla uning the fueling facilities shall be aubjact to the following ardor of priority. 1. BALAMATOB BEAPOOUB, IHC. v000sloi - 2. Vonsels owned/oporatod by persons delivering finhorics/oeafood product to EiALAMATOP DEAPOODS, IIC.1 3. other Vosnols engaged in commercial fiohing operational and pia All other vonnola. 4. The ownor.(o)/oporator(o) or maotor of any vessel d - desiring to use the marine fueling facilities ahouid contact the pock Maxtor at least one (1) hour prior to arrival and Provide tho following informations (1) Vessel name, (2) typo Of vessel, (3) length overall find groan tonnage, and (4) quantity and typo (gall or dionol) fuel required. IX. Auxillary/Reprovi.sioni.nn garationa. Any and all • auxiliary operations and roprovisioning of v0000lo while alongside the dock shall be conducted in such manner so as not to disrupt, hinder, impair, hamper or otherwise intor- r _ fore with finharies/noafood product off-loading operations. - The bock Maxtor may, when in hia judgment, such auxiliary operations and/or reprovioloW ng are or constitute a throat to aafs or offieiont finhuri.ess/noafood product off-loading or other fiahorion/noafood product related uaagoa of the dock and adjacent area, order rsuch activities or oporati,onn to enane or be curtailed fn arsrh manner and to such extent as he may r-3asnnably doom necenoary. { N _.. _ 4 1 1 r X. Houru of oyorati.on. Hourn of operation shall be pouted, in accordance with Paragraph 22 of the Luaso dated March 15, 1970 by and butwoun SALAMAT01+ 34APOODA, INC, and the CITY OF ' KHNAT, Si. PoWchargos. 1. Peon and charges shall be posted. SALAHATOP BL'AP0008, INC. reserves the right to change, with ton (10) days notice to currant known users, subject to the provisions of Paragraph 24 of the Lease, any foes or charges for the use of the dock or other faoilitios or equipment. 2. Hourly rate chargoo shall be subject to a minimum and shall be Charged by full hours and ono -tenth increments or any fraction thereof in excess of the minimum. Xii. Vonsol Stara��. K. 1. Persons, firms or entities dociring to store ! v000019 on sALAr4ATOP ORAPOODS, INC. property shall, not lose than seven (7) days prior to the data storage is to begin, make written application therefor setting forth the name of 11 the vossel(s), length, boom, gross tonnage, and the inclusive dates that the vossol in to be stored. t' 2. Neither the CITY AP KRHAI nor SALWATOP SP.APOODB, .� INC., aoaumo any responsibility, liability or risk for any loss, damage or injury of or to any Vessel atorod on the promisor. The sole risk of loco, damage or injury to the vussal shall be borno by the ownor(s) of the vessel. The owner(s) of a vousel otored shall agree to waive, relinquish, i release, indomnify and forever hold the CITY OF KCNAI and SALAMATPP SBAPOODS, 104C., their agents, officers, employees, and oervanto or their otioc inoro, heirs or aaaignn, harmless r from any such loan, damaryn or injury of or to any vessel stored on the promises, irrespective of the cause or fault therefor. 1 t 1 • I i i TA e 3. The owner(n) of vonisels stored on the promises shall be solely roaponnible for the expenses, arranging and coordinating removal of any vonool from the water, transportina or spotting same at the donignatod storage space and re- launching the vessel. 4. All oporations connected with the removal from the wator, transport, spotting and ro-launching of vessels shall be conducted in compliance with any rules, regulations, directives or orders of any governmental agency, federal, otato, local or municipal having jurisdiction thoroover, and of SALAMATOr SEAFOODS, INC. S. Me vessel shall be removed from the water, transported, spotted, relocated or ro-launchad without the prior consent of SALAMATOP SEAFOODS, INC. Vessels shall be stored only in such location as shall be assigned by the SALAMATOF SEAFOODS, INC. plant manager. 6. SALAMATOF SEAFOODS, INC. reserves the right to grant priority or preference for the use of vessel storage facilities to those poroons, firms or entities who sell or deliver fisheries/noafood product to it. XIII. on Premise Repairs. I. No person, firm or entity shall conduct or perform any repair, overhaul, refurbishment, or other work on or about any voseel, vehicle or equipment on the premisoa of SALAMATOP SEAFOODS, INC., without the prior permission of the SALAMATOP SEAFOODS, INC. plant manager. 2. Any repair, overhaul, refurbishment or other work on or about any vessel on the promisou shall be subject to and in compliance with all rules and regulations of any governmental agency, federal, :state, local or municipal and, further, with any rules, regulations, directives or orders of SALAMATOP SEAPOODS, INC. J • , 0 ° 3. The owners) of any VOaeel, vehicle or equipment being ropairod, overhauled, refurbished, or having other work performed thereon shall agree to waive, relinquish, release, indemnify and forever Savo the CITY OF KENAI and SALWATOP SEAFOODS, INC. harmless from any responsibility or liability therefore, irrespective of whether or not such repair, overhaul, refurbishment or work shall have boon or be conductod in compliance with any rule, regulation, directive or order of any other person, firm, entity, or governmental agency. XIV. Reservation of Rights. Subject to the provisions of the Lease dated Harch 15, 1078 by and between itself and the _• CITY OF KENAI, SALAMATOP SEAFOODS, INC. reserves the right to issue, promulgate, rovieo, modify, amend, delete, revoke or otherwise change any rule, regulation, directive or order concerning, relating to, or otherwise affecting the use, occupancy, or enjoyment of the premises, dock, facilities or equipment of SALAMATOP SEAFOODS, INC. XV. Deposits/Eaxmonts. - - L 1. At the time of application for use of the dock and off-loading facilities for off-loading fichorios/soafood 3 product, the applicant shall deposit with SALAMATOP SEAFOODS, INC. the sum of POUR HUNDRED FIFTY DOLLARS (0450.00) for ' each vessel to be off-loaded.. No vessel shall be permitted alongside the dock for off-loading of fisheries/soafood • 3' product unless there is on doiosit with SALAMATOP SEAFOODS, ' INC. not loss than said POUR HUNDRED FIFTY DOLLARS ($450.00), after deduction oe any other amounts duo SALAMATOP SEAFOODS, INC. from the owners)/operator(s) of the vessol for the use of the dock, off-loading equi.pmont or other facilities of 84TAMATOP SEAFOODS, INC. I. � u -= 2. At the time Of application for use of the dock and facilities for purponen other than off-loading fiaherios/seafood product or use of marine fueling facility, the applicant • 1 . shall deposit with SALAMA910t•.,SHAVOODS, INC. the sum of ONE HUNDRED DOLLARS ($100.00). t i 3. Billings for any fees or charges incurred which exceed the deposit shall be duo and payable within ton (10) days of the date such billing is rondorod. Any such foes and charges incurred not paid within said ton (10) Aays shall bear a service charge equal to one percent (11) of the amount due for each month or fraction thereof that payment is late. 4. At the time application is made to store a vossol, the ownor(s)/oporator(s) shall deposit with SALAMAT08 SHAPOODS, INC, an amount equal to three (3) months storage fees. Such dopo'sit shall be applied to the first month's storage fee and the ownor(s)/oporator(s) shall be thereafter billed on a monthly basis, which billing shall be due and payable within ton (10) days of the day the billing is rendered and shall bear a service too equal to one percent (IS) of the billing for each month or fraction thereof that payment is late. S. In the event that the actual fees and charges are less than the deposit, the oxcess deposit shall be refunded upon request or, at the option of the owncr(s)/oporator(a), will be credited to future foau and charges. 6. Deposits shall not accrue or bear interest. XVI. safety. 1. Any and all activities and operations conducted upon the promises shall be in strict compliance with all safety rules, regulations# orders and directives of all governmental agenciou, federal, state, local or municipal, having jurisdiction thereover. 2. The hock `taster or. any SALAMATOF SEAFOODS, INC. officer or the plant manager shall have the authority to order any parson tn.ceaso to conduct any activity or operation t e id 0 k • which in Ilia judgment in unHaP.e or posoo a risk or threat to the eafaty or, wolf-buing of any person or property. i 3. SALAMAT08 SEAFOODS, INC. rosorvoa the right to promulgate or issuo any rules, regulations, order or diroctivoo which it dooms to be reasonably necessary to protect the safety or well-being of parsons and proporty on the premises. I ti 1 ' FEE SCHEDULE 1. Use of Dock (with Fish Pump) (Minimum Charcyo $120.00) 2. Use of Dock (without Equipment) (Minimum Charge $5.00) 3. Use of Public Area (Quay- west side of Dock) (without Equipment) (Minimum Charge $5.00) 4. Forklift (with Operator) (Minimum I hour) S. Crane (with operator) (Minimum 1 hour) 6 Vessel 8toraae* ii $450.00/hour $50.00/hour $50.00/hour $45.00/hour $75.00/hour (a) Less than 30' LOA and $30.00/month 25 metric tons (gross) (b) •Less than 50' LOA and $50.00/month 50 metric tons (gross) (c) Less than 75' LOA and $75.00/month 100 metric tons (gross) (d) Exceeding 75' LOA or $1.00/month 100 metric tons (gross) per foot of LOA or $0.75/ Month per metric ton, whichever is greater. *Vessel storage fees are for any calendar month or fraction thereof except that there is no charge during a calendar month whore (1) the storage is less than 5 days and (2) it either immediately preceeds or follows a calendar month for which the normal fees are paid. 0 `� " �tE•�;tl V LJ JJif 2 11 1J31 caeft COOK INLET PROCESSING 12C: Bid on use of the Quay area at Salamatof Dock At this time we are not in full understanding of the services and coordination which will be available from Salamatof Seafoods. We are, however, anyious to work on the details of coordination with anIamatof. If we can store 5-20 totes at the dock location into which our fish are put after obtaining a gross weight frow 03aluwatof, then our truck could be loaded and "out of the way" with a minimum of lost time. y At this time our interest in the Quay area would be an a staging area so we could coordinate and maintain close communication with Salamatof Seafoods and our fishermen. We anticipate purchasing 500,000 lbs. upon which we are willing to pay Y 0 per pound for the use of the Quay area. However, because of our uncertainty of tho coordination and services avail- able we are not wMinf, to give a minimum guarantee at this time. Ranrcr G. Nelson Vice -President Cook Inlet Processing; PLANT: BOX 8163 NRB - KENAI, ALASKA 99611- TELEPHONE: (907) 776-0832 OFFICE:1035 W. NORTHERN LIGHTS -ANCHORAGE, ALASKA 99503 - TELEPHONE: (907) 279-0142 TELEX: 25.375 .i Royal Peraciflc Yisheries .i'lic. i 13OX 4100 --- lCernai, Alaska 99011 Pbune: 216,21- 1041 June 24, 1981 Salasratof Seafoods, Inc. P.O. Box 1045 Kenai, Alaska 99611 Attn: Bob Scott Dear Bob, With reference to your inquiry as to how much we would pay • for Dock use to load and unload our Tenders at Salarrato£ 'Seafoods, Royal Pacific Fisheries, Inc. will pay .O30 per lb. over the dock, we figure to run approximately Two Million lbs3. for the season. Sincerely -`�i°w'�- off- �/� /�J'' '1 ruin L.. Dragne 1'� i"�� Royal Pacific Fisheries, Inc. Mn/pl. 4 "Seafood Processors" e, PACIFIC PRINCES SEAFOODS i�L-C LIV ZU iUit P. O. Box 4080 Kenai, Alaska 99611 (907) 283-9109 r June 24, 1981 i Salamatof Seafoods, Inc. P. O. Drawer 4220 Kenai, Alaska 99611 ' Dear Sirs This is a formal bid proposal for the use of the City of Kenai, public dock facility for the purpose of unloading fish for the 1981 fishing season. . 1. Bidding $0;025 (two and one-half cents) per pound for thR use of the facility. • 2.. Guaranteed minimum of 4,000 pounds at $0.025 (two and one-half cents) per pound or $100.00 (one hundred dollars). 3. Estimated maximum of 1,000,000 (one million) pounds for the 1981 fishing season. Respectfully submitted, Joe Nord --- President JN/sct 1 F .-DOURmi F.WDS ETSEA=DS,. I !w'sof.- it %dmo) - 'r ... I -At V - It AF4 4•• & to 'o, -5s• rs 14 Ailloo At', v14,0, f •)VpI o.v-, 4. A ) '0 7 A147; 47 o' fro j- ot • • .... .. Anj-:v Is,. O'co, to. 7.- We- '2000�r .00z< P-0. BOX :;07. STERLING. ALASKA 90672 * MILE POST 02. STERLING HIGHWAY - TEttEPHONE (007) 202-'V51 u ORLNT M. WAOOWORTII JAMEO T.OTANLLT TNOMAG J. TLROICN LAW OPVMCS WADSWORTH, STANLEY & YERBICH A PROVIIOO,ONAL CORPORATION 320 "P"BTREET, SUITE 210 ANCHORAGE, ALASKA 99501 Juno ^.90 1981 T&LCPMONE AREA COOS 007 874.8631 , MwVisz L. Dragseth, Prosidont 19001.43 Royal Pacific riche►ries, inc. B.Q. Box 4100 Honai, Alaska 99611 Rd: Quay !Hall Licenoo Dear Marvin: L1101006d are duplicate originals of the license for this use of tho Quay tall area during the 1931 season, Please sign whaxe inciivated and return one original, to - gather vith tho initial Valmont, to tho undersigned. Also oneleued is a copy of the pr_o__n_a�ved rules and regulations governing the use of salamato pa ty. Please - note that those rules/requlati,ons have not, as "t, been approved by tho.iwai Crondinq such Approval we will )A adminiotratively operating under the Yuloa/rora- lations on an interim basin only. 'hank you for your past and anticipated future 1 cooperation in addrossing and renolvizig our mutual. arena of concern in the joint usage a:' thc0 !quay Wall =446 Very tvily yours, xADssyo-avi, mmaxy r, nIMIC17 By Thcnas J. YArbioh IIJXt aer Cal salmatof 'Ioafeads, rust Wn * :�clahoy, Kenai City Attorney j[`g sn CV c. i IIICENSI: AGREEMENT THIS AGREEMENT made this 25th day of June, 1981, by and between SALAMATOF SEAI.FOODS, INC. (horeinafter "LICENSOR11) and ROYAL PACIFIC FISHERIES, INC. (hereinafter "LICENSEE") W ITNES SFTiis 1. LICENSOR hereby grants and LICENSEE hereby accepts a non-uxelusiva license to use, occupy and enjoy that certain area of the promises commonly referred to as, the "Quay Wall" area located to the West of the Dock on Lots One (1) and Two (2), U.S. Survey No. 4563, Kenai, Alaska. 2. The license fee shall be the sum of FIVE THOUSAND DOLLARS ($5,000.00), payable TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500.00) upon execution and the balance of TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500.00) on or before Friday, July 24, 1981 which payment LICENSEEE agrees, promises, warrants and covenants to make to LICENSOR promptly when duo, without demand, deduction or offset. 3. The term of this license shall be from 12s01 o'clock a.m., Friday, June 26, 1981 until 12r00 o'clock midnight August 31, 1901. 4. LICENSOR agrees, promises, warrants and covenants that it will not, during the term of this license, grant any license to utilize the Quay Wall area to any other person. 5. LICENSEE hereby agrees, promises, warrants and covenants that it has sufficient suitable equipment and personnel available to permit the reasonably prompt and efficient off-loading of vessels at the (luay Wall and that LICENSEE has reviewed the terms, conditons, rules and regu- lations of LICENSOR respecting the use, occupancy and enjoy- ment of the licensed promises and hereby agrees, promises, warrants and covenants to be bound and abide by said terms, conditions, rules and rugul.itions. LICENSEE further agrees, Promises, warrants and covenants that it shall, at LICENSEE's soles cost and expense provide all equipment and personnel necessary to conduct off-loading operations in the licensed area. 6. LICHNSEB hereby ;agrees, covenants, warrants and promises that LICRN GI: hereby does forever waive, relinquish, release, indemnify, deferd and save the CITY OF KENAI and SALAMATOF SEAFOODS, xNC., their shareholders, officers, directors, agents, employees, servants or.their successors, heirs or assigns, harmless from any responsibility or liabil- ity for any .Loss, damage or injury to any vessel, cargo, LAW 061V#0166 WADSWORTH. STANLEY & YERBICM 4 "1101'11.1-10--L Gy'1'ONATMN 13 4 I ., • crewman, employee, agent, servant, or other person in or about or connected wti.h the use of the dock, any unloading equipment or other facilities of SALAMATOF SEAFOODS, INC.; except to the extent such loss, damage or injury shall result from the active, catual negligence, error, conduct, act or omission of either the CITY OF KENAI or SALAMATOF SEAFOODS, INC., or their officers, agents, employees or servants. 7. LICENSEE hereby certifies that public liabil- ity and dilMago insurance, including coverage of all vessels, vehicles, and equipment in the amount of $250,000.00/$500,000.00/ $100,000.00 has been obtained and is presently in force; and, further, the insurer has issued a rider(s) or endorse- ment(s) thereto naming the CITY OF KENAI and SALAMATOF SEAFOODS, INC. as additional insureds and designating such insurance as primary and any insurance coverage by either the CITY OF KENAI or SALAMATOF SEAFOODS, INC. be secondary and excess coverage. Evidence of such insurance coverage is attached hereto and submitted herewith. seals. IN WITNESS WHEREOF, we affix our signatures and LICENSORt SALAMATOF SEAFOODS, INC. By: Wayne C. Littleton-, President LICENSEE: ROYAL PACIFIC FISHERIES, INC. IIyt Marvin L. DragSeth, Pres dent -2- e �ttY �. r[•a.• + ��:WA ..� :}31��t';[: :+4t':. S.tl�•.•.. !'..-4...'..ri1 i1%��ldlr. a•4t I SPECIAL USE PERFUT • DATE f The CITY OF KENAI for the considerations and pursuant to the conditions and requiremento sot forth below hereby grants tot Company Flames City Cab Company Authorized Representatives Fir. George Hiller Billing Addresst P. 0. Box 912, Kenai, Alaska 99611 hereinafter comotimes referred to as the PERFIITTEE the right to operate a direct telephone ling and display a postar at the Kenai Municipal Airport Building for City Cab �gppany.f'I �/ 1. 2=s This special use permit shall commence on the lot day of July, 1901, and shall extend to and through the 30th day of Juno, 1982. 2. Permit peens The Pormittoo, prior to the exercise of any privilego granted pursuant to this permit, shall pay for the use or privilege specified heroin a total fee of $225.00 plus 58 sales tax of 06.25 for a total fee of $131.25 herein payable in advance. 3. Itiaht of Entry$ Entry and occupancy is authorized as of the let day of July, 1991. 4. Place and Time oa1M 111 , All payments shall be made on or before the date duefPto the City Clerk, City Administration Building, Kenai, Alaska, or by mailing to the following addreses City of Kenai. Box 580, Kenai, Alaska 99611. S. 11fts The use by the Pormittoo of the promises described above is limited to the purposes specified herein and is not Intended to grant any exclusive use to the described promises unless otherwise provided above. I 6. Insurances Pormittoo agrees to save the City harmlaeo � from all actions, suits, liabilities, or damages resulting from i os arising out of any acts of commission or omission by the I Permitteo, his agents, emplOYees, customers, invitees, or arising from or out of the POrmitteol occupation, or use of the premises dominod, or privileges granted, and to pay all costs connected therewith. y. Egrabeatw=j Failure to insist upon a strict compliance with the terms, conditions, and requirements heroin contained, or referred to, shall not constitute or be construed an a Waiver or relinquishment of the right to exercise such terms, conditions, or roquiromenta. 8. 19111s7UMas The exercise of the use granted heroin is at all times to be nubject to the regulations governing the Kenai Hueicipal Airport titled "Icenai iunicipal Airport Regulations," issued in 1076. By nigning this rernit, rile Permitteo acknovledgco that he has received a copy of said regulations and has familiarized hirlseif therewith and gill comply with the requitenentn of said regulations. I I i 1 � u + , f 9. SQiiojtgtienes 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 Are»eriirs Any or all personal or real ofothe�precedinggcobibitione mayaberremovediand/or In impoundediby the City of Renal, and when so removed and/or impoundedi such property may be redoemed by the owner thereof only upon the payment to the City of the costa of removal plus storage charges of 01.00 per day. 11. gpanpianmont/Relocations Should it be necessary to reassign Lessee to a different area of the airport terminal, the parties agree as followas At least thirty (30) days written notice, in normal circumstances, but since plane are now being laid for a complete renovation of the terminal, a move required for ouch conovation shall be made immediately to accomodate contractor's work force. It will be the I tontion of the Lesooc to give Losses as much notice in advance as possible of such reassignment. 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 retloo, be subtracted from the monthly rent due b Lessee to the Airport terminal. Should reassignment and relocation be necessary, Lessee shall be provided and afforded equivalent apace, in terms of both area and location, as that which it presently occupies, to the extent found feasible by the Airport Operations Manager. LESSORS CITY OF RENAL Syl $1--A William, J. 89ghton City Manager LESSEES L � r flame I A r l.'71.'- , t Titlo STATE OP ALABRA jas THIRD JUDICIAL DISTRICT ) THIS I8 TO Cmiry that on thiq-&-„14day of bi+-c_ 1981, 11ILLIA11 J. DRIOHT011, being personally kno to lie or having produced satisfactory evidence of identification, aprurred before me and acknowledged the voluntary and authorized W-acution of the foregoing instrument for the municipal corpOratten named and in the capacity indicated in the execution thereof. :,otarj :ublic for r+ldr+c:a ` :'y Corrnission Lxgiress 2 ___. _ -.-__. _ _ _� � �- � �- � r� _ �� ram, _�•. �.��_ -�. • CORPORATION ACKN0WLED0HBUT STATE OP ALASKA ) THIRD JUDICIAL DISTRICT )as THIS IS TO CERTIFY that on this _•,• day of , 1981, being personally known to me or having pcoducod natiafactocy evidence of identification, appeare8 before me and acknowledged the voluntary and authorized execution of the foregoing inetcumont for the corporation named and in the Capacity indicated in the execution thereof. Notary Public for Alaska. My Commission Expires: INDIVIDUAL ACKNONLEDOMENT STATE OF ALASKA ) )aa THIRD JUDICIAL• DISTRICT ) TH28 i8 TO CERTIF that on this &- day of ,all -A. , 1901, J�m sin � = being personally known to rye or having proddeed satisfactory evidence of Identificationl appeared before me and acknowledged the voluntary execution of the foregoing instrument. NMotary Public for Alaska y Commission Expires$ Approved by City Attorney / wf?",t Approved by Pinance Diroctor Approved by City Manager "• " r.1. f.�fY O� rfNM 3 n r SPECIAL 08E PERMIT DATE k( The CITY OF KENAI for the considerations and pucspant to the conditions and requirements oat forth below hereby grants tot Company Names Ronal Air Alaska Authorized Representatives Bud Goftatedt Billing Addresss P. 0. Box 3921, Kenai, Alaska 99611 hereinafter sometimes referred to as the PER14ITTEE the right to operate a direct telephone line and display a poster at the Kenai Municipal Airport Building for Kenai Air Alaska. 1. j=s This special use permit shall commenco on the lot day of July, 1901, and obail extend to and through the 30th day of June, 1982. 2, pQcmit Peels The Pormittoo, prior to the exercise of any privilege granted pursuant to this permit, shall pay for the use or privilege specified herein a total foe of $125.00 plus Sib sales tax of 06.25 for a total foe of 0131.25 hocein payablo in advance. 3. itiaht of Entrvs Entry and occupancy is authorized as of the lot day of July, 1961. q. Place and Time of Qn_Ymentes All payments shall be made, on or before the data duo to the City Clock, City Administration Building, Kenai, Alaska, or by mailing to the following addrosas City of Konai, Box $00, Kenai, Alaska 99621. S. Qat The use by the Permittee of the promisee described above is limited to the purposes specified herein and to not Intended to grant any exclusive use to the described premises unl000 otherwise providod abovo. 6. InnuEnnent Pormittoo agrees to save the Ci:f 114Cmle0a from all actions, suits, liabilities, or damages resulting from or arising out of any acts of commission or omission by the Permittee, his agents, ample ens, cuotomors, invitees, or arising from or out of the Permittee occupation, or use of the promises domiaod, or privilcges granted, and to pay all cents connected therewith. 7. Pernhnaryneet Paiiure to insist upon a strict compliance with the terms, conditions, and requirements heroin contained, or referred to, shall not conutituto or he eonatrued ao a waiver or relinquiahment of the right to exercise such terms, conditiona, or requirements. 8. Heaulationat The exercise of the use granted herein is at all times to be subject to the regulations governing the Kenai tunicipal Airport titled "Kenai tunicipal Airport regulations," Issued in 1976. Byy signing this permit, the Permittee acknowledges that he han racetvod z copy of said regulations and hos familiarized hinself therewith and will comply kith the requirements of said regulations. �.r��c •f`!4� 1 e r L ti 9. Rolicitationn{ solicitation of donations or the k promotion or operation of any part or kind of business or d commercial enterprise not contemplated by this special Use Form; upon, in, or above airport lands without the written consent of the City, is prohibited. 10. 8emovai e� peoaatyr Any or all personal or cdal property placed or used upon lands or in faeilitloo in violatioi of the preceding prohibitions may be removed and/or impounded b the City of Kenai, and when so romoved 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 charge, of 01.00 per day. 11. Reagoigament(Reloeetions should it be necessary to reaooign Leaoee to a different area of the airport terminal, th parties agree as followos At least thirty (30) days written notice, in normal cireumatanceo, but since plans are now being laid for a complete renovation of the terminal, a move required for ouch renovation shall be made immediately to accomodate contractor's work force. It will be the intention of the Lasso to give Losses as much notice in advance as possible of ouch reassignment. The coots of relocation, including the coots of moving and setting up counter and [elated faailities, shall be borne by the airport terminal and may, upon the agreement of th parties, be subtracted from the monthly cent duo by Lossoo to t Airport terminal. should reassignment and relocation be nocoosacy, Losses shall be provided and afforded equivalent space, in'torms of both area and location, as that which it presently occupioo, to the extent found feasible by the Airport Operations Fianager. LESSOM CITY OF KENAI , d✓�� B t t4 ? lia1%,J. Br Eton City Flanagor LESSEE$ --- Vice president Title STATE OF ALASKA ) )eD THIRD JUDICIAL DISTRICT ) TI1I6 Is TO CUTIVY that on this �_�,y�Jay of 1901, WILLIAH J. BRIOHTOtt, being personalty kno:dt to no or havi g produced catiufactory evidence of ifiontificaticn, apr.eared bucc, e no and acknowledged the voluntary and autisoriz•id exee,ttion of t .e foregoing instrument for the municipal corporation nrr.+od and ir.` the capacity indicated in the e:secutio'n/thereof. Ilotary Public for Alanke ,.y Co: ricsion timiros�: �; 2 r.•ro ...E•:n. �I I I CORPORATION ACKIIOVILEDOHENT STATE OF ALASKA )ss • THIRD JUDICIAL DISTRICT ) THjS IS TO CERTIFY that on this Z?nd day of June 1901, raig R. Loeatedc being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument for the corporation named and in the capacity indicated in the execution thereof. Notary yublic for Alaska Ely Commission Expires t 7105194 INDIVIDUAL ACKNOWLEDGEMENT STATE OF ALASKA ) )Do THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this dayy oP _ 1901, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary execution of the foregoing instrument. Hota.�y Public for Alaska Hy Commission Expiree: Approved by City Attorney 4 i r'/ /_n: Approved by Finance Director4 -i4-•E/ Aq.-t Approved by City Managoc 4-M -$-, ea ^! 3 4f. ■ GriCO DNA, SPECIAL USE PERMIT DATE The CITY OP KENAI for the considerations and pursuant to the conditions and requirements set forth below hereby grants tot Company flames Poachers Cove Camper Pack and Marina Authorized Reprocentatives Leo Phillips Billing Address P. 0. Box 1177,Soldotna.Alaaka 99669 hereinafter sometimes referred to as the PERMITTEE the eight to display two posters at the Kenai Municipal Airport Building for Poachers Cove Camper Park and Basins. 1. Z=t This special use permit shall commence on the L day of July, 1981, and shall extend to and through the 30th day of June, 1962. 2. Permit Peens The Pormittee, prior to the exercise of any privilege granted pursuant to this permit, shall pay for th, use or privilege specified herein a total fee of 0100.00 plus 5+ ealso tax of 05.00 for a total fee of $105.00 herein payable in advance. 3. Right of his Entry and occupancy Is authorized as the lot day of July, 1§81. q. place and Time 9ft gntss All payments shall be mad on or before the data due to the City Clerk, City Administratio Building, Kenai, Alaska, or by mailing to the following address City of Kenai, Box 580, Kenai, Alaska 99611. 5. 11us The use by the Pecmittoe of the promises deserib above is limited to the purposes specified heroin and is not Intended to grant any exclusive use to the described promises unless otherwise provided above. 6. Insurances Permittoo agrees to nave the City harmloso from all actions, suits, liabilities, or damages resulting from or ariaing out of any acto of commission or omission by the Permitter, hie agents, emplo�+oea, customers, invitees, or arisi from or out of the Permittee occupation, or use of the promise demised, or privileges granted, and to pay all cents connected therewith. 7. Pareboarances Failure to insiat upon a strict compliance with the terms, conditions, and requirements herein contained, or referred to, shall not conotituto or be construed as a waiver or relinyuiahmunt of the right to oxereloo ouch terms, conditions, or requirements. S. RaWtLaUaws The exercise of the use granted herein i at all times to be subject to the regulations governing the Ken Municipal Airport titled "Kenai Municipal Airport Regulations," ioouod in 1976. Byy signing this permit, the Permittoo acknowledges that he boo cocoived a copy of naid regulations an has familiarized himself therewith and will comply with the i GtY CK .ENA, .le.A. Ar.Fi✓ requirements of cold regulations. 9. 6olieitationas 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 uppoon, In, or above airport lands without the written consent of the City, is prohibited. 10. Removal of v�nna�rtvi Any or all personal or real property placed or used upon lands or in facilities in violation of the preceding prohibitions may be removed and/or impounded by the City of Ronal, and when so removed and/or impounded, ouch property may be redeemed by the owner thereof only upon the payment to the City of the costs of removal plus storage charges of 01.00 per day. 11. Sesaei me t/90leea ien1 Should it be necessary to reassign Lessee to a different area of the airport terminal, the parties agree as foilowss At least thirty (30) days written notice, in normal circumstances, but since plans are now being laid for a complete renovation of the terminal, a move required for ouch renovation obail be made immediately to accomodate contractor's work force. It will be the intention of the Lessor to give Lessee as much notice in advance as possible of such reassignment. 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 cent 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, to the extent found feasible by the Airport. - Operations Nanagor. LESSORi CITY OF REN I B• t illia a. Bri n City Hanger LESSEE: zi Nam — Title "— STATE OF ALAOKA THIRD JUDICIAL DISTRICT ))so THIS IS TO CERTIFY that on this -�Gy of , 1981, WILLIAM J. BRIGHTON, being personally know to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument for the municipal corporation named and in the capacity indicated in the execution thereof. l414"f'��� Notary Public for Alaska fly Commission Expires$ a jI w "I'L..,,•x. VY CA oPW r - CORPORATION ACNOWLP.DGIMIT STATE OF ALASKA ) )oa THIRD JUDICIAL DISTRICT ) THIS 28 TO CERTIFY that on thlo — day of 1981, — being poroonally known to me or having produced satisfactory evidenco of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument for the corporation named and in the capacity indicated in the execution thereof, Rotary Publia for Aiacka fly Commission Expires$ INDIVIDUAL ACKIMLEDOENEtiT ' STATE OF ALASKA ) )on THIRD JUDICIAL DISTRICT ) TH t8j TO IFY that on this„��day of being 1981..r G L ,�. having personally K own tom or � g produce eatief story evidence of identification appeared before me and acknowledged the voluntary execution of tie foregoing instrument. / r(,l'%i� HOMEY Public for AIAekA my Commission Expiceo8 Approved by City Attorney Approved by Finance Director -o -kI ti -tr Approved by City Manager _6 i „ly/ e G 3 l:r,��•;�1. �/,'. `!it {�' �°,� rl!{F � �I dt4,+�' i.{to at'/'�' eft, OPECIAG 1109 pt f1MiT DATE, The CITY 0V 9911AI for the connirieratiOnc and purouant to the conditiono and reguiromonto Gat forth below hereby granto too Company tlamos property world, Inc, Authorized Ilopr000ntativos Or, Dick Mellor Billing Addc000s p, 0. Doss 1961 Kenai, Alanha 00611 horoinaftor nomotimoa roforrad to no tho PROMITTP,B tho right to dioplgy a pontar at the Kenai Municipal Airport Building for Proporty lforld, Inc. i. 212 0 Thio opocial Urfa permit ohall commonco on the lot day of July, 1001, and oball esstond to and through tho 30th day of Juno, 1002. 2, p,[ ..U.-gg+ The eormittoe, prior to the oRorciao Of any privilege granted purouant to thin Forsait, ohn.11 pay foie tho t:ne or priviio o npocifiod herein a total too of 000.00 vluo 94 oalvn tax of 02.50 for a total too of 052,50 heroin payabl o in advance. 3. Kntry and occupancy in authorizod do Ot the lot day of July, 1901, A. 11m0.,Qf..EtdyffQ;p A9 All paymonto ohali bo glade on or before the Hato 0110 to khv City ClOcht City Administration Cuildinq, Kenai, Manisa, or by Mailing to tic follas/inq addroont City of Kenai, BON 000, Kenai, AlaoVa 99611, S. t1zgs The "no by the pormittoa of tho prominan doncribod above in limited to tho purpoGen opeeifiod heroin and in not ; intnndod to grant any exclunivo uno to tho dooeribod prrminoa , unleoc athorwien provided abovo, 6. 1M,ygrdtt"s pnrmittoo agrr•oo to ouvo tho city harmloan from all aotionn, ouita, liabili.tictt, or domagoo reoultin iron or arming Out of any acto of comminnion or ominnion by Eton Pormittoo, lift agento, omploynocs, cuatonaro, invit000f or arioing [roll or out of tho Pormittoo ovelopation, or use of tho prominen dortifsod, or privilogan granted, and to tray all contra eonnfictod therewith, 7, railurn to inaiGt ulson a Strict compiinnco with tho torr.{rs, c:onttitiunn, dnd rertuirUmanto heroin eantainarl, or rofrirrrd to, filial I orst conotituto or he conatreod an a tiaivar or ralinrtuirhrrrnt rot thu rigbt to exoreioo flush tersin, condit,iono, of rJryuircnantrs, 8.-e'/*0l:Mgnris 'Pbe rrzercipty of Eton otte granted fserctin if, nt all ti—ofs to c,rr, ssul;jr,r;s; to tiro rr,Hulatiano govr.cnin(l the raGa1 funicipal t3ri,otb titlart "t:r'nal Y.unicival Airport Pegolationn," lf;fstvjd in 1996, ts7 fsf,jning thit•. (rrrriit, the pr•rs+ittrfn t.e'raa;jledgats that ha LAfs a eotq of fsaid trjrjol;.laGnts atsN iar1z1!11 hfsf-lf rh•rrrsritt .nrl H1f cnntrly with ttrf vmuir�.n�,nrr. r,f rnirl cl.gcs1 coeds, { { 1 <fml� a f •fIJ ,flit .�if',%��.J_ ."f�.Lt_Nku._.i.•, '.i. _tv.,N r.•''T'i P I I 9 fiatfettetigtstts nolicitation of donatieno or the I promotion or operation of any pact or kin4 of buninecs of commoreial ontorprian not contnmplato►3 by this Upooiel Use Porml uppoen, in, or above airport ianda without the written conoont of tho City, io prohibited. 10, Qgnvyll7, O t 3fR1s Any or all paroonal or coal property plaeod or unod upon ianda or in facilitioe in violntim of the preceding prohibitions may be removed and/or impounded bl tho city of ttonal, and when go removed and/or impounded, such proporty may bo codoamO by the owner thereof only upon the pay ont to the eaCity of the costs of removal plus storage Charges y. 11. tlO.ti0.6t1m t/Po.iagatiOns Should it be neceaeary to reassign t,nnae" to a diffOCOnt area of the oir ort terminal, tbf parties agree as followns At ioaat thirty (30) dayo written notico, in normal eireumotancos, but oinco piano are now being laid for a complete renovation of the torminai, a move required for ouch renovation shall be ma4o inmediatoly to a4Qemedate eontrneteroa work fore©. It will be the intention of the Wool to givo t,ossno no much notice in advanco an pooniblo of nucb roanaignmont. Tho Costs of relocation, including the coats of moving and hotting up counter and rolatod faeiiittoa, oball be borno by the airport torminai an4 nay upon the agreement of th, Airportlterminal,acOhould ceansignnontyand relso►cationebe oo to tl nocoonary, t00000 oball be provided and afforded equivalent opaco, in tarma of both area and location, ass that wbieb it pr000ntiy occupina, to the ostont found foosiblo by the Airport 00 rationo manager. I • t.Y.nAOR s CITY OP • 0ys r' iiliam1, , a91 on _.,.. city Rona of UNIONs 4,0,0000. '00- _ > t amc► Title fsTATC OF ALAtlitA 1 ion TRI1sb J1191CIAt, 010TR1CT 1 1(101,T4►it 14MIi10 1.rts"MIT011, boin•ttj,nc on 11yyknotjnyto I.je e,.c b4Vin produced riot isfnetncy evidence of identification, rJrT,rarot� wQ•nc`I cio an4 ncknosrtndgacl tho voluntary and nutttorirnci e;sacutien of th Rorogoinq ins!f,rununt for thn rrffntci•�al corporation sfaelife find Ir. the cal,nc;ity indic4ted in the Pvtxtition thflt.:of, !',if.ery Public for Alabis "y r'.::r�iCBl9s C;s1•tr• ssr �� l i CORPORATION ACIMOS1LED017E11T STATE OF ALASKA } THIRD JUDICIAL DISTRICT 1ae TR 8 iS TO CERTIFY that on thls.23 dayy of 1981, R,C being pecaonally own to me or having groducad natiaPaetory evidence Of identification, appeared before me and acknowledged the voluntary and authorized execution of Capacity Indicaitednincthe execution therreeoPtion nomad and in the N ary ubllc for Alask~ n Fly Commiaeion Expiress INDIVIDUAL AC81701-ILED(4ERENT STATE OF ALASKA THIRD JUDICIAL DISTRICT19010, jaa THIS IS TO CERTIFY that on thin _...r dayp of havin _ being personally known to no or having produced eatisfaetoe evidenco of identification, a before me and acknowledged the voluntary execution of the ppeerod foregoing instcumont. Notary public for Alauka Hy COmmiealon P,xpiress Approved by City Attorney /.l Approved by Finance Director I . Ow- 1, Approved by City Nanagor 1 -/1) -k, 3 I r IONIA" .. Miro SPECIAL USE PERMIT sl DATE _ tin � The CATYOFKENAI for the considerations and pursuant to the conditions and requirements set forth below hereby y grants for Company Names SOUTNCENTRAL AIR, INC. Authorized Representatives Dave Diamon8, Prosidont Billing Addcosas P. 0. Box 4324, Kenai, Alaska 99611 hereinafter sometimes referred to as the PERMITTEE the right to office space number 21 (137.75 square feet) as Indicated on attached diagram, for use as office spoco In rolation to it's airline operations. 1. Tp, s This special use permit shall commence on the let day of Juno, 1981, and shall extend not later than the 30th day Of September, 1981, subject, however to the provisions of Paragraph li herein. 2. 22LUt_Penn# The Permittee, prior to the exercise of any privilege granted pursuant to this permit, shall pay for the use or privilege specified heroin through Juno 30, 1901 a total fee of 0218.47 plus sales tax and thereafter to pay monthly in ' advance a rate of 0137.75 plus sales tax. ! 3. Rai bg 21 11 �r Entry and occupancy is authorized as of the data of execution of this Permit by City. 4. 21460 And Time 0 Pavmentsr All payments shall be made on or beforo the data duo to the City Clerkf City Administration Building, Kenai, Alaska, or by mailing to the following addrosas City of Kenai, Box 580, Kenai, Alaska 99611. S. I i The uce by the Pocmittoo of the premises doccribod above is limit0d to the uc p poses specified herein and is not � Intended to grant any exeluaive use to the described premises unless otherwiso provided above. Thin use is also subject to the reasonable adminintrative actions of the City of Kenai for the protection and maintenance of the promises and of adjacent and contiguous lands or facilities. 6. Iniiu,CQMs Permittee agrees to save the City hormloso from all actions, suits, liabilities, or damages resulting from or arising out of any acta of commission or omission by the Pormittoo, his agento, employees, euntomero, invitocs, or arising from or out of the Pormitteo s occupation, or une of the premiaee demioed, 09 privileges granted, and to pay all coats connected therewith. In this connection, the Permittoo agreaa to arrange and pay for all the followings (a) Public liability Insurance protecting both the City and/or its agents and the Permittee, ouch insurance to be evidenced by a certificate of insurance showing the Insurance in force. The amount of ouch public liability insurance shall have limits not leas than those known as $250,000/0500,000/S100,000. tttr br .[Nni II..I'14i •6 .. I I , I ' ��7fi•��e�'. "� ,�''..�r-='L:.:1in:L,f..dlH� M,.c, .. �.,� •. . ,.. �. inouranCO andmworknentaeoa Compensation inourance,lenditotfurnish a certificate thereof to the City. (a) Insurance contracts providing liability insurance and Workmento Componoation 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) Permittoo agrees that woivor of subrogation against the City shall be requested by Permittoo's lneuror, and shall be provided at no coat to the City. 7, EgAbearana , Failure to insist upon a atriet compliance with the terns, conditions, and requirements herein contained, or referred to, shall not constitute or be construed as a waiver or relinquishment of the right to oxOrcise Ouch tormo, conditions, or requirements. at all.timessto be subject eo thesregulationsogoverninghtheiRonal Nnicipal Airport titled "Kenai Municipal Airport Regulations," issued in 1976 or any amendments thereto. By signing trio. permdit, the Permittee acknowledges that he has received a espy of eatregulations and has familiarized himself therewith and will comply with the requirements of sold regulations. 9. Bell-1rFims Solicitation of donations or the Promotion or operation of any part or kind of business or commercial onterpriao not contemplated by this special Use Permit Nupon, in, or above airport lands without the written consent of O City, is prohibited. 10. Eemoval eF Ore- I Any or all personal or real property placed or usod upon Ion or in facilities in violation thetcityrOfoRenai,�randbwhennnomremovedoand/oraimpoundImpounded d ueueh � paymentytoatheeCityredeemed heycoots oferemovaloplus storage charges of 01.00 par day. 11. Capgelletien= City reservos the right to cancel this Form it or to ceasaign Permittee to a different part of the Airport Terminal on 14 days written notice, either delivered in person to the authorized representative named herein or his replacement or by mail to the address set out above. Any or all personal or real property shall be removed at users expense upon cancellation or termination of this agreement. LCSSOR: CITY OF R t7A Oyu d �__ 9i111a J. nrigLf on City fianager LESSF,Es / Titic J S R• 1'rCtA� VWW4s• ` ',fQL�(r.i i�tlttl4h��a'. ii,ZLii:iY. • : t:.'.t..:r-.. ...i I. r•f, [,TV qc NE`+a •(•.M A e •e i. .1 _ - - -. -- _ STATE OF ALASKA ) )aa THIRD JUDICIAL DISTRICT ) THIS 28 TO CERTIFY that on thiagff`�iiay of _ 1981, WILLIAM J. BRIGHTON, being personally know to me or having produced satisfactory evidence of idontifieation, appeared before me and acknowledged the voluntary and authorized exeeutio%gf. the ecaacstrument foe the municipal namxts'thepityindicatedinhe execuionhro Notary Public forAlaek My Commission Expicess ,I CORPORATION ACKNOWLEDGMENT STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) T@IS I8 TO CERTIFY that on this L day of 11a , 1981, nc���irE �(r�.r+cn�i� being personally known to me or having produced satisfactory evidence of idontifieatiorr„ appeared boEore me and acknowledged the voluntary and authorized execution Of the Foregoing instrument for the corporation no ed•and in the capacity indicated in the execution thoroof. •:i , eU11j1l.lc. 7 Y#of !n'. , Notary Public for Al sk,,- my Commission Expitc Approved by City Attorney A Data Bon T. Dolahay Approved by Finance Director 6 � j� Data Charles A. Brown 9ATEpt•July 19, 1979 29 M NOT TO SCALE 0 poot.i. tla: Current Use Roo_ m No. 1-6 Lounge and Cnfo I -:� 7 Janitor's Room 15 �• - g FAA Equipment ROOM 17 •• •'• 9 FAA Of f ica Space 18 r:. 10 Tesoro Office Space 19 11 Fan Room 20, 21, 22, 27 12 Boiler Roan 23 . 13 1•1 Rostraoin 24 - 14 Women's Restroom 25,30 _ „ -_♦ 28 29 r •; 31 32 iL, Current Use ltnllar Rent-A-Car liertz Counter KAS Counter AAI Ticket Counter An Office Space City of Fanai. offices AA1 Freight Counter AAI Freight Office Cargo Area Avis Counter p1 ailt ^t :•i c! tntion An y's Flying nrv'ice Raven Transit i i /r n i CITY OF KENAI ` FOR COUNCIL INFORMATION Transers of Funds under $1,000 under KMC 7.25.020 (a) " Any'Special Date Dopt. Amount From To Explanation 6/16/81 Piro $500.00 4538 4532 6/26/81 Fire 213.00 2022 6064 i i i r ,tt !i �^a *Unless soma apacial explanation in filled in, the reason for necessity or desirability of the transfer can be assumed to be duo to the normal condition that expense oatimatesi during the budget process were over estimated in one or morn accounts and under estimated in one or more accounts. 0 E 4 r k- Y , r = 2 Juno 16, 1981 I r •�I ,.. I.A f)V 11• fit' Hanorablo Vincent O'Rnllly Box 500 Renal, Alaska 99611 Dear V107001 Thank you for your lntter of flay ZZnd. My summer schedule definitely puts mu Into the city of Kenai during the months of NJ9_and-early Auyuat. An soon as 1 atrivi I want to inv/to you and OW City kran-' gat for lunch an we can have a chance to talk about the good old flays, an well as talking about where the City In In comparison to the other cities In Alaska. flay I axtond to you and the members of your staff, as watt an the City Council, my personal regards, I'm looking forward to our luncheon this numner. it ttaurol y, /latol d A. Pauhunapock llADtkjo ' ( 4ORCO P.O. BOX 3718 • KENAI, ALASKA 99611. 907-283-7563 CONSULTANTS June 23, 1981 Mr. John Davis - President KSRM Radio Rt. 2, Box 852 8oldotna, AK. 99669 Dear John: In the public service announcements mentioning my June 23rd talk with the 8oldotna Chamber of Commerce, the statement is made that I and/or VORCO Consultants is a consultant to Dow Chemical. This is not correct. I have absolutely no direct or indirect consultant relationship with Dow. I do serve on the Community Advisory Board of the Dow-Shell-duPont study group and I do have a consultant relationship with the Alaska Pacific Bank. In order to avoid any real or potential or implied conflict of interest, I hope you may correct any impression that I act as consultant to Dow. The advance publicity given to the talk is appreciated. Sincere , Vince O'Reilly VOR:jr cc$ Kenai City Council Clarion Newspaper Mr. Dick DeLine, Dow Chemical, Anchorage R al � w �• . N PO INSTITUTE OF SOCIAL & ECONOMIC RESEARCH UNIVERSITY OF ALASKA DOW/SHELL PETROCHEMICAL PLAN HEARING June 15, 1951 Kenai City Administration Building, 7100 PM Introduction - Lee Gorsuch I. INFORMATION Fred Ali, Dept. of Natural Resources, History of Petrochemical Project. The criteria used by Gov. Hammond for the Petro- chemical plant proposal are: a. Is it economically sound? b. Is there community acceptance? e. Is it environmentally sound? Slide show and Narrative, IS&ER. Script enclosed in packet. Glenn Akins, Dept. of Environmental Conservation, Environmental Concerns and Regulations Regarding Petro- chemical Development. Initial studies are done to allow the three criteria of Governor Hammond to be reviewed. An environmental impact statement is done. Considera- tions area a. Extraction b. Pipeline Co. Interior processing d. Tidewater facility Concerns are: a. Air quality b. Wastewater e. Hazardous wastes d. Solid wastes e. Oil spills Vincent O'Reilly, Mayor, City of Kenai, How Petrochemical Development Might Fit into Community's Overall Economic Dcvlopment plan. Though the plant will not be located in the City limits, the City will have secondary involvement with employment, water, reads and harbor facilities. The City can support the additional population, has the water & sewer facilities, and the City services. 1 J -s � � w DOW/SHELL PETROCHEMICAL PLAN HEARING June 15, 1981 Page 2 A dry service dock is a necessity. The City Council has directed: a. The City cooperate with Dow/Shell in their study. b. The City have public hearings. c. The City assist Wildwood in their involvement. d. The Mayor participate with the Development Committee of Dow/Shell. II. SMALL GROUP SESSION There were 8 groups organized. III. RETURN TO GENERAL ASSEMBLY Questions and Answers - 1. Water use, fresh vs salt, amount needed 2. Employment, number of local hire, construction, operation, City's capacity 3. Power needs 4. Environmental impact statements 5. Start up date 6. Breakdown of chemicals produced, etc. 7. Description of plant B. Air pollution problems, purity standards 9. Status of LNG plant & relation to Dow/Shell complex 10. Docking requirements, financing 11. Effects of benzene, hazardous chemicals 12. Wastes, spills 13. Selection of site, why Wildwood? 14, Guarantees State has from company League of Women Voters representative gave general review of discussions. Questions from the floor - 1. Arthur Stites, N. Kenai. How will we get answers that come from this? What will the State do to control this? A. IS&ER will give a report. 2. Patrick Rice, City of Kenai. Prevention Magazine discusses cancer in petrochemical plant workers. What will the State do to control this? A. The State is studying this very closely. It will be in their report. Q DOW/SHELL PETROCHEMICAL PLAN HEARING June 15, 1981 Page 3 Dick DoLine, Dow Chemical, introduced the Dow physician and a chemical engineer that coup answer the questions more fully. 3. Glenda Myers, no address. What is the plan for people who live in Wiidwood? A. The plant would not be in the residgntial area, it would be north of there. 4. Drew Sparlin, Kenai Drift Netters Association. Will there be any harm to existing fisheries? A. The pollution in a clean type of raw material. Spills will be the only pollutant possible. Tanker traffic and a collision would be a great impact. Cooling water would be warmer than receiving water. It•should not be a problem. The record of minor spills has been good. Major spills have extensive controls to prevent impact. The company will run a base -lino study before building and at intervals thereafter, to prevent changes. + Q. Would Dow/Shell make regulations to give fishermen rights, etc.? A. That will be a State and Federal responsibility also. 5. Dennis Smith, N. Kenai. What about noise pollution? A. There will be noise within the plant. At the boundary it would be below City limitations. 6. Tony Doyle, Kenai. How much pollution would the generation put in the air? A. The plant will burn gas. They will be con- trolled by Federal law. 7. No name given. What will they do with the tons of solid waste? A. it will be the same type of solid waste the City has now. Q. What about the contaminated waste? A. It will be primary catalyst, it would be shipped out for reprocessing. The 14 to 17 tons mentioned will be solid waste. DOW/SHELL PETROCHEMICAL PLAN HEARING June 15, 1961 Page 4 S. Robert Atherton, N. Kenai. The statomont was made that it would sound like Colliers, but it will be four times the size of Colliers. A. The noise factor will not multiply at the same rate. Q. Will the waste be visible? (Brown haze was mentioned) A. if it is not mixed properly, it will show. It is not usually visible. 9. Gene Durst (?), Sterling. Will there be a clay - lined pit for hazardous material? A. Anything that is hazardous will not be in a land fill. Q. will the incinerated materials pollute the air? A. Most will be destroyed. The ash left will be almost like wood ash. 10. Patrick Rice, Kenai. Will the nitrous oxide create acid rain and affect the fish? A. Nitrous oxide does dissolve and create acid. There is considerable controversy about this. Q. Will the additional acid affect the fish? A. Alaska could not have this problem, with the space available. 11, Roger Meeks, Kenai. Comment: He has seen four periods of rapid growth since he moved here. There were always those who feared growth. We survived those and will survive this. 12. No name given. How committed will we be in Sept.? A. There are no commitments at this point to the 75 day period. The process will be the same as with the Alpetco proposal. NOTE: There were approximately 140 persons in attendance, including Dow/Shell representatives, Governmental rep- resentatives, and general public. l� u iI e I I '� a SEA AIRMOTIVE, INC. � P•0• BOX 6003 • ANCHORAGE:, ALASKA 00502 f i 007•243.1115 June 12, 1901 f Robert L. Faith Director, Alaskan Region Federal Aviation Administration 701 C Street, Box 19 Anchorage, AK 99513 - Res Donial of Access to Kenai Municipal Airport f Dear Mr, Faiths in the spring of this year, Sea Airmotive Airlines approach- ed the Manager of the Kenai Municipal Airport in Kenai, Alaska, and roqueatod access to the Kenai Municipal Airport which is apparently owned and operated by the City of Kenai. We were informed that there was no space inside the terminal and that the terminal was already too congested and, conse- quently, he would not be able to aecomodate any additional carriers until some future date after the State Legislature had appropriated mostay for an expansion or remodeling project of the Kenai terminal. We were also told that the ramp area of the terminal wan for too congested already and that any additional scheduled service into Kenai would only compound the problems the Airport Mnnagor faced in accomodating all the aircraft. In the course of our market studios (passenger counts, ` ! observations, and interviews) we have found that the airport 4 terminal is, in fact;, not congested nor is the ramp area. CongrgnQntly, we proceeded to tiles a lease application with the City of Kenai for permission to build a counter and occupy a space inside the terminal. Having been discouraged `. by the Airport Manager, we also contacted and entered into an agroemont with the Dollar -Rent-A-Car company which already had counter (space inside the tormin:tl. Dollar -Runt- -- - AQCar planned to ksublaaae their counter to us in order to p�.rinit us to issue tickotss from the counter And chock po-ople in for the flighto. Sinco Dollar-Eden:,-A-Car's lease agree - rent with the City is limited to rent. -a -car work, as well as charter and air taxi services, Do1Lar want to the City Council asking for permission to modify its lease to parrot the issuance of tickets to individuaLa riding on scheduled planes. Via also suggested that another viable alternative would be to permit Sea Airmotive to build a portable: ticket counter on the front porch of the terminal and use that as a baggage chock in area and also issue tichots. Such a facility Chatter and Citnuect flying—Cenifed 6o09it 3019 R4d10 Pepair St. bon Local A J,9 the Wert Shore of Lake No(A it Aref 01309 irternahonal A 'Pon l I 1 o i1�1A1�1i��� UDej=lmeni of tronvortoton federal Aviation Administration June 18, 1981 ;IV FO Al.rekan Foltion 701 C Glrool, Box 14 Anchnnign, Alaska 00513 u.CE1vED or c;�,�gMdai�,r••� r►ot1 Mr. Lance We11 s Chief Legal Officer Sea Airmotive, Incorporated P.O. Box 6003 Anchorage, Alaska 99502 Dear Mr. .We1Is: Denial of Access to Kenai Municipal Airport We have received your letter of June 12, 1981 concerning the Kenai Municipal Airport. Based on the inforrstion presented describing certain events which you have encoun'.-tred, vie will investigate your difficulties and attempt to assist you and the city in resolving these problems. Vou may expect to hear further from us in the very near future. Sincerely, �ristltel i! , Floyd H. Pattison Acting Chief, Airports Division 71:Vr.t% AIRMOT[VP. INC. f Robert Faith M June 12, 1981 - Page Two would serve our needs until the end of September when the weather would become too cold to be comfortable outside. At that time, however, tho traffic in and out of Kenai and activity is much reduced and any congestion inside the terminal would be minimal at most. Another point that was brought out in the course of our negotiations with the City was the fact that approximately 1/3 of the terminal was occupied by a bar and a disco and a largo stuffed bear creates a great deal of congestion in the terminal due to the fact that it is located right snack in the middle of the waiting and ticketing area. We have recently learned that all of the air carriers' leases inside the terminal come up for renewal at the end of this month and that a great deal of inequity exists as to the amcdunt of space allocated to each carrier. One carrier has approximately 2400 square feet, another has 200 square feet and a third has 57 square feet while Sea Airmotive Airlines has no square footage allocated to it. We have urged the City Council not to renew those leases in their • present form, but to at least allocate some space presently occupied by one of the other carriers to SEAIR. In our first meeting with the City Council, the response from the Council was very favorable, however, the Airport Manager recommended that we not be allowed to use the terminal. The Council voted 4 to 3 to refer the matter to the Transportation Committee which consisted of the City `. Council, itself. The Transportation Committee met approxi- mately one week later and resolved by a 6 to 1 vote to recommend that Sea Airmotive not be permitted to use the terminal, either through occupying its own space or through a modification of the Dollar -Rent-A-Car lease allowing SEAIR to use that already existing counter. The subsequent City Council meeting resulted in the same•6 to 1 veto in the form of a resolution stating that the City of Kenai would not even consider lease applications or sublease arrangements allowing any new carriers into tha terminal and that any existing available space in the terminal would only be Allocated to those carriers already using the, terminal. (Sae had also requested a small amount of space, even a few square feet, to allow us to set -,p a desk and reservations center.) Immediately after adopting the resolution, addi- tional office space was granted to Wien Airlines and approval of an additional lease to AFRO Union was granted allowing them the use of space in the back of the terminal for fish hauling operation centers. This was done despite the fact that there is space available for fish haul opera- tions in private buildings local=d near the terminal on the ramp, w h I 01 11 T1 __ — SSA AIRMOTM, INC. Robert Faith Juno 12, 1981 Page Three The City has indicated on numerous occasions that they do not intond to consider leases until such time as they finish with their remodeling project some time next year. The project is contingent upon the receipt of funds from the State Legislature to finance the project. In view of all the claims by our competitors at the City Council meetings that the airport terminal was far too congested to accomodato another carrier, even though it would be using an existing counter, we proceeded to under- take a passenger count and observation around the clock in the terminal to determine when the congested periods were and to determine how best to implement our proposed scheduled service. There has never been any difficulty in the opera- tion of the ramp area and any claims that the ramp is too congested are simply not true. We have been operating there now for approximately one month and we have had absolutely no difficulty with other aircraft or personnel in the ramp area. As for the congestion inside the terminal, we have yet to observe anything that could reasonably be called "congestion". on occasion, there are crowded conditions when the large jet aircraft of Wien Airlines is on the ground and its passengers deplane, awaiting for departure of the aircraft on its route to or from Seattle, Homer or Kodiak. As we have pointed out in our letter to the Mayo. - of Kenai, until such a crowded condition continues for more than a fow minutes every few days or so, the airport terminal can not be considered congested. Another complaint that has been made in objection to our using the Dollar -Rent-A-Car counter in that our passengers would line up and thus block the entrance to the terminal. It has been our axperience that on our small aircraft flights not more than 5 or 6 passengers ever arrive at any one moment in time to check in for the flight. Evan flights with our larger aircraft seldom have morn than a few passengers chocking in at the ticket counter at one time. In sun, we Feel we have been unjustifiably denied access to the Kenai .Municipal Airport Terminal. We are moat anxious to provide full services to the City of Kenai, including ticketing and baggage cheek ins+do the terminal (or on the porch) with interline ticketing capabilities, frelght services and U.S. Mail servica. We have proposed what we consider to be any number of rua3onable altornitives to the City Council and the Airport management in an attempt to avoid or circumvent the difficulties or problems they perceive as reasons for denying our request. The respanne of the public to our present service has been excellent and we are most anxious; to resolve this t-.setter with the City of Kenai and offer full services inuidj the Kenai terminal. Any help you can give us on this matter would be groatly appreciated, i i I� �Ytin"n, •..I _ _ - _ -_ _ - t r � _ —:F. -. -stir.-.�..---.. _,_ .. � r w , SEAAM'4OTWE, INC. Robert Faith June 12, 1981 ! Page Four as tie feel that we have been unjustifiably denied access to the terminal. Very Truly YourC �, Lance Wells Chief Legal Officer P.S. A copy of the recent letter we wrote to the Player is _._ enclosed along with a copy of a letter to Dollar -Rent-A-Car telling them to remove our signs despite the fact that they are handling our charter customers which their lease permits them to do. cc: J. Lynn Helms Administrator Federal Aviation Administration 800 Inf.ependence Avenue, S.W. Washington, D.C. 20591 Mike Callaway J Airport Access Coordinator Civil Aeronautics Board 1825 Connecticut Avenue Washington, D.C. 20428 Dick Steinman Civil Aeronautics Board 701 C Street, Box 27 Anchorage, AK 99513 :a a f .. rr� 4. n rr� 4. n CITY OF KENAI F. O. SOX NO KENAI, UASKA 99611 HLIPHONE 313 • 708 June 30, 1981 11111 .... MEMORANDUM TOs Mayor O'Reilly and the Kenai City Council f FRO14s Jim Swalley, Airport Operations Manager REs SEAIR complaint to the FAA The following is a point -by -point answer to SEAIR's charges against the City of Kenai and myself (as Airport Manager) as was presented to the FAA by letter dated June 12, 1981. Please note that nowhere does SEAIR make reference to Alaska/Evergreen's application or that we were dealing with 2 simultaneous applications. Para. 2. Radar Rent -a -Cams leases The clause in Schedule A of the lease that allowed for air charter/taxi ' servicing was inadvertantly left in when the lease was -==-- issued. tor. Ambarian was well aware of that fact. Regardless, all such leases expire June 30th of each ` - - year with no renewable clause. Ticket/Baggage Cduntgg an parch: Passengers would still .- have to go through the terminal lobby, baggage either _ through lobby or around the building. .�.`. Par/Restaurant and Liars The one-third of the terminal or bar/restaurant is closer to one -fifth of the total area. The case which holds the bear measures 53" x 69" :-1:— or 25.42 sq. ft. ----= I Para. 3, Terminal Lg,Sgsga As of this date all terminal leases are for one year and expire on June 30th with the exception of the FAA and the bar/restaurant. ! %grmina7 space Allocations The physical design of the terminal dictates space allocation, i.e. it was �:. apparently designed for one operator. Baggage, freight and U. S. mails security will not allow full "Joint E use." 1 � , E i f - r i {, �4 Para, 4. Council meetings: The "Transportation Committees referred to was in fact a full Council work session - no minutes and no official action. At the regular Council meeting of May 6, 1981, the motion was passed unanimously (not 6 - 1) to DELAY any additional carriers from occupying the terminal until completion of terminal renovation, estimated at that time to be February 1, 1982. office Spacg - Wign and Aero Unions This space was formerally City offices, has no terminal lobby access and the driveway by the doors is a primary fire lane. The gate accross the drive is an FAA Part 107 required security gate. As SEAIR stated, it is in the "back of the terminal." I question the statement of private -space available near the terminal on the ramp. Para. 5. Canceation vs. crowded= .Per Webster's New World Dictionary, congested means crowded. Use of Dollai Counters Five or six passengers would extend'into the entry/exit door traffic, also impair access to Avis counter. Para. 6. Response to Services This is questionable even with $20.00 one way and $48.00 round trip tickets. I would like to see comparison of passenger counts/load factors with their competition (AAI, SouthCentral) since May 11, 1981, Summarys SEAIR is in the enviable position of being able to look out for it's own self-interest while the City Council and the Administration are charged with "The Sig Picture." Although the inclusion of two additional carriers would not likely generate additional passengers, critical floor space would be lost and additional persons would be employed inside the terminal. Also, three carriers would be moving baggage through the passenger loading gates vs. one currently. Where we now have 50 commuter departures daily (SEAIR - 5), Alaska /Evergreen proposed 8, totaling 58 (plus 3.Wien). It may become necessary for the City (Airport Manager) to have control of all schedules to avoid ramp congestion during peak periods. I US Dopatment Alaukan floginn 701 C Street. flex 14 ofTransportotion Anchorage, Alaska i Federal Aviolion 90613 Administw#on JUN 24,1991 s is ;•1�1 :' _. BY C171"fll ryM�N�4TnRT1Q11 i Mr. William J. Brighton City Manager of Komi P.O. Box 580 Kenai, AK 99611 Dear Mr. Brightens r . Kenai Municipal Airport This letter is to inform you that we have received a formal complaint relative to a denial of aecess to the Kenai Municipal Airport, and that Personnel from our office will be down to investigate this complaint and perform an audit of the airport leases on Monday, June 29, 1981. If this data to not satisfactory to you, please'contact the undersigned at 271-5459, Your cooperation in this regard is greatly appreciated. 8incereiy, Floyd H. Pattison Chief, Planning & Programing Branch Airports Division ar Y . .. 9 T1 — -r CITY OF KENAI %Od 04�aiW 4 4" 7. O, KOX NO KKNAI, ALAIKA "611 TILl/NON1 213 • 706 June 26, 1981 TO: Wm. J. Brighton, City Manager FROM: Keith Kornelis, Director of Public Works SUBJECT: What's Happening Report for City Council Meeting July 1, 1981 for the Month of June SEWER TREATMENT PLANT EXPANSION Periodic Pay Estimate No. 12 from Brown $ Associates, J.V. will come before Council at the next meeting. The contractor has been working hard trying to get back on schedule on this project. They have been working on both clarifier 1 and 2, sandblasting, spot priming all welds, poured the sidewalk, and are working on the dome covers. They have set the screw pumps on the activated sludge pumping system, poured the floor slab, and cleaned up the forms. The work that they have been doing on the digesters include's spraying urethane on the roof and a coat of silicone and patched the snap t+jo holes. They have been working on the r control building pouring the floor slab and placing the conduit for the pump station power. They have installed underground and above ground piping. ' SEWER INTERCEPTOR LINE Tam Construction Co. has been making great strides in the completion of this project. The manhole for the lift station on the bluff has been installed and they arc presently working on the large lift station at Peninsula and Broad. While working on this large lift station, a waterline was broken when a ditch ----- collapsed thus making it necessary to shut the water off to q, Old Town for repairs. SEWER TREATMENT PLANT OUTFALL There has been no change since my last report. Brown Construction Is still waiting for the pipe on this project. i I What's Happening Report Pago 2 June 26, 1981 1980 KENAI MUNICIPAL AIRPORT IMPROVEMENTS Air TekInc., a sub contractor for Coastal, Inc., has submitted Pay Estimate No. 7 for payment on this project. The only item that remains to be completed is the installation of the new regulator. The electrical supplier sent the wrong regulator and there is a lengthy delivery date for replacement with the new one. FIDALGO SUBDIVISION STREET IMPROVEMENTS Taku Contractors, a sub contractor of Quality Asphalt, is continuing to pour the curbs and gutters on this project. The good weather has helped considerably and the concrete contractor has been working long hours in an endeavor to complete this project. Peninsula Engineering has stated that they will no longer perform the field supervision on the project but they will continue to complete the surveying. Because of the critical nature of the work that still remains to be completed, the City has hired Mike McLane to be the inspector when the contractor is pouring cement, paving, or other critical work where owner supervision is mandatory. KENAI SPUR FRONTAGE ROAD PA Construction is working on the curbs and gutters and sidewalks on this project. The quality of workmanship on the curbs and gutters has been extremely poor. Much of the curbs and gutters presently installed will have to be taken out and redone. When the Council authorized and requested the City Administration to go ahead with the contracting with HEA to remove the overhead powerlines along the Spur Frontage Road, the City acted quickly in contacting HEA and making its request. Up until yesterday, HEA has assured us that there would be no problem with burying the underground behind the sidewalk. This is the way that HEA wanted it to be done since they wanted to got transformer right of ways on private properties before starting. I was informed by HEA yesterday that they now want to place conduit in the roadway for this buried power. This could present a costly problem to the contractor should he be held up while waiting on HEA. WARM STORAGE BUILDING The final inspection on this project was held on Tuesday, June 23, at 11 a.m. Dick Grithiff of FAA attended this final inspection. I am expecting a final pay estimate from Alaska Boiler and Heat Exchanger for the July 15 Council Meeting. F - I- '�—_A f rJ What's Happening Report Page 3 June 26, 1981 CITY ADMINISTRATION BUILDING Omni North Construction Co, has a small punch list of items that still need to be done on the building. They have started on the change order for the parking lot behind the City Administration Building. Doyle Construction has subcontracted the dirt work from Omni North. KENAI RECREATIONAL CENTER Blazy Construction Co, has pretty much completed this project but as yet has -not submitted a final pay estimate. Holtman Court Co.'s subcontractor, Russ' Construction, is still waiting for additional flooring so that the two courts can be completed. WATER AND SEWER SECTION 36 Doyle Construction Co. has been making good progress on the sewer line. The project seems to be running smoothly with Trans Alaska Engineering inspecting the job full time. LAWTON DRIVE STREET IMPROVEMENTS Mike Tauriainen has completed the engineering for this project and we are presently waiting for State Legislative construction money. MAIN STREET LOOP AND BARNACLE WAY Wince, Corthell, Bryson has completed the engineering -on this project and we are waiting for State Legislative construction money. There has been a problem brought to light by Union Oil concerning their largo, high-pressured gas line running underneath our roadway. BIRCH, FIRST, SPRUCE, FOURTH, THIRD, AND SECOND Wince, Corthell, Bryson is presently working on this engineering project. FOREST DRIVE EXTENDED AND GILL STREET Wince, Cortholl, Bryson is presently working on this project. CANDLELIGHT, LINWOAD, N. DOGWOOD, N. LUPINF. AND PHILLIPS Wince, Corthell, Bryson is presently working on this project. RENOVATION AND EXPANSION OF THE KENAI ML041CIPAL AIRPORT TERMINAL BUILD. The City of Kenai has received eight proposals for the expansion and renovation of the Kenai Municipal Airport Terminal Building. 0 d i - tl - - --- - --- l What's Happening Report Pago 4 Juno 26, 1981 Some of the architectural firms only submitted one copy of their proposal. I will be giving the eight proposals to the Chairperson of the Public Works Committee so that she and the committee members may have a chance to review them prior to making a recommendation to Council as a whole. It is my understanding that the cost for the architectural engineering design of this project was to come out of the State Legislative money for the project as a whole. Since it will be a while prior to receipt of this money, the Council does have some time to seriously consider each proposal. THE CITY OF KENAI STANDARD SPECIFICATIONS I have just received a copy of the new Municipality of Anchorage Standard Specifications and I am somewhat impressed. They have spent a considerable amount of time and effort in drawing up these standard specifications. At this time, if there are no objections I plan to submitting a copy of those standard sppecifications to the engineers that are actively involved with tho City of Kenai. In submitting these specifications, I will be asking each of them to comment on each and every section of the specifications with suggestions for changes and alterations that would more correctly detect the working conditions within the City of Kenai. After receiving all the comments, additions, or alterations, 1 will combine all the suggestions with my own and draw up a set of supplomental conditions that would be issued to contractors working within the City of Kenai. These supplemental conditions would simply be the changes that need to be made to the Municipality of Anchorage Standard Specifications. Once this project is completed, I will be presenting it to the Council of the City of Kenai for their review and eventually final approval. Once final approval has boon obtained then each and every contractor working in the City of Kenai and every project being done for the City of Kenai will have the same set of standard specifications. This will be a groat asset for the City and the Public Works staff. At the present time we have so many different sets of specifications that we are constantly going to each individual project's set to find out what that particular project states about each and every item. KK/jot laslo unldpa l weague 204 N. Franklin Juneau. Alaska 99801 (907)586.1325 o Ca 0o qOdwco LEgis1ATIVE ButtETIN #24 June 190 1981 ITEMS OF INTEREST Under the new leadership of the House the committee assignments are as followas RULESs Fuller, Chairman JUDICIARYs Barnes, Chairman Hayes, Vice Chairman Anderson, Phillips, Phillips, O'Connell O'Connell, Meakins, Smith Freeman, Buchholdt HESSs Beirns, Chairman RESOURCESs Sutcliffe, Co -Chairman Martin, Vice Chairman Panning, Co -Chairman Cato, Smith, Malone Halford, Vice Chairman Barnes, Vaska, Carney Grussendorf FINANCES Adams, Chairman TRANSPORTATIONS Cato, Chairman Montgomery, Vice Chairman Abood, Vice Chairman Hurlbert, Chuckwuk, Cuddy Metcalfe, Duncan, Moss Fuller, Battisworth, Sutcliffe, Zharoff Haugen, Cotten LABOR & Martin, Chairman COMMUNITY & O'Connell, Chairman COM ERCEs Bylsma, Rogers, REGIONAL Anderson, Vice Chairman Randolph, Gardiner AFFAIRSs Bylsma, Clocksin, Grussendorf STATE Metcalfe, Chairman AFFAIRSs Abood, Vice Chairman Fanning, Brown, Miller J I SENT TO THE GOVERNOR CSSB 65(Jud) - LIQUOR LICENSES 6 CSSB 368(Fin) - LOCAL SERVICE ROADS AND TRAILS: These bills have been sent to the Governor for his signature. FLOOR ACTION HB 1 - ALASKA PERMANENT FUND 6 CAPITAL GRANTS TO MUNICIPALITIESs The FCC has agreed on a committee substitute which incorporates $380 million for munici- palities on a $1,000 per capita basis. The FCCS has passed the Senate 16 to 1. HB 92 - LIBRARY ASSISTANCE GRANTSs This bill passed the Senate 20 to 0. SB 422 - GRANT LIMITS$ This bill was reported out of the Finance Committee with a do pass recommendation and appeared on today's calendar. IN COMMITTEE SB 25 b 26 - POWER PROJECTSs A Free Conference Committee has been appointed to resolve the differences between the House and Senate versions of these power project bills. The FCC, made up of Haugen, Sutcliffe and Duncan in the House, and Dankworth, Rodey and Mulcahy in the Senate, has come out with a FCC substitute. 8B 140 6 141 - FISHERY PRODUCTS REVOLVING LOAN FUND: The House has passed their version of both bills, HCS CSSB 140(Fin) (efd failed) and HCS CSSB 141(Fin) (efd failed). The Senate refused to concur in the House versions and appointed a Free Conference Committee of Eiiason, Mulcahy and Fahrenkamp. The House isn't expected to recede from their versions and will also appoint a Free Conference committee. CSSB 168(Fin) am - MUNICIPAL AIDS The House Finance Committee passed out a House Committee Substitute and the OR was referred to Rules. The money can be used for social services and capital projects for municipalities over 1,000 population. Municipalities under 1,000 may also use the money for operating expenses of capi- tal projects. Voters must approve new projects with the cost of $1 million or mare and over $5 million for improvement or rehabilitation of existing facilities. SB 236 - MUNICIPAL ASSISTANCEs A Free Conference Committee was appointed to work out the differences between the Senate and House versions of this bill and they cams up with a Free Conference Committee Substitute which is the same as the House version except it deletes the work "state" in line 21. The FCC committee report has been adopted by both Houses. CSHB 27901n) am - STATE AID FOR SCHOOL CONSTRUCTIONS The Senate HESS Committee passed the bill out and recommended amendments which would clarify a school district. The bill was referred to the Senate Finance Committee. CSHB 460(Fin) (efd Failed) - RAW FISH TAX: The Senate Resources Committee has p"sed_out a committee.substitute with individual recommendations and it has been referred to the Finance Committee. RESO�� SCR 33 - MUNICIPAL CODES Introduced by the Senate CRA Committee, this resolution is the some as HCR 41 which calls for an interim committee to study HB 170 and SB 180. It was referred to CRA, got a do pass recommendation, and was sent to Rules. It was taken from Rules and given to the Finance Committee at'Senator Bennett's request. F — 1 i 1, II .J ,1 • 1 r t ' , s f It 7 I; KENAI PENINSULA BOROUGH ' REGULAR ASSEMBLY MEETING MAY S, 1981; 7:30 P.M. ,• „ BOROUGH ADMINISTRATION BUILDINJ-,-� !_3� SOLDOTNA, ALASKA Dy eir/ C4 Page No. A. CALL TO ORDER I B. PLEDGE OF ALLEGIANCE I C. ROLL CALL I D. INVOCATION: Rev. Hilmar Kiser, Nikishka Christian Center 1 E. SEATING OF NEW ASSEMBLY MEMBERS (none) 1 F. APPROVAL OF MINUTES: April 7, 14, 21, 2982 1 Approved 0. AGENDA APPROVAL I H. PUBLIC PRESENTATIONS UPON MATTERS NOT CONTAINED IN THE ASSEMBLY#S AGENDA FOR THE MEETING 1 i. COMMITTEE REPORTS Finance (McCloud McGahan, Anderson, Lounsbury) 2 Local Affairs (Sikorski Schaeformoyer Dimmick, Harvey) abl Public Works (Bronson, dlenville, McBride) 2 d State/Federal Legislative Affairs (Wade, Crapu- chettes, King) •2 Jej School Board (King) 2 f Land Disposal (Davis, Sikorski, Harvey) 2 g Central Peninsula Hospital (Harvey, Lounsbury, McGshan, Sikorski) 2 J. ORDINANCE HEARINGS AND OTHER PUBLIC HEARINGS (a) Ord. 81-34 Substitute "Amending Section 2.08.090 of he Borough c e o rdinances to Provide that Log- islative Items Pending on the Agenda play Be Considered at an Assembly Meeting Following the Meeting at Which Notice of Consideration is Given By an Assembly Member" (Dimmick, Fischer) 3 Enacted as amended (b) Ord. 81-3S "Repealing a Part of Section 2.08.040(A) and R©pe`aling Section 2.08.040(B) of the Borough Code of Ordinances Relating to Abstention from Voting By Assembly Members on School Appropriations In Cases of Conflict of Interest Arising Out of Emplo ant by the School District" (Sikorski for L.A.C.r 3 Enacted as K. CONSIDERATION OF RESOLUTIONS emended (a) Res. 81-71 "Authorizing Survey Work on the Feuding and' a Loco% Service Roads and Trails Project and Establishing a Budget for Survey and Soil Investi- gation" (Mayor) 4 Adopted (b) Res. 81-72"Approving a Contract for the Construction urvey of the Longmero Lake Local Service Roads and Trails Project" (Dimmick 4 Anderson) 4 Adopted Page No. (c) Ros. 81-73 "Reserving Public Use Easements from To—r—ou—S-FTainds Which Are Included in Borough Lottery Land Sale No. 2 in Order to Proserye Access and Other Purposes in the Public Interests" (Mayor) 4 Adopted as amended (d) 'Res. 81-74 "Authorizing a Contract for Aerial Photo - rap c aso Hap Coverage for Designated Sections of the Borough" (Mayor) 4 Adopted (e) Res. 81.7S "Urging the United States Congress to en t o Federal Bankruptcy Act to Hake the Filing of Bankruptcy More Difficult and to Minimize the Potential for Abuse" (McBride) 4 Adopted (f) Res. 81.76 "Directing the Preparation of a Plan for' .t a Disposal of Lands in the Area of T9N, R911 Along Cook Inlet to Point Possession, T11N, R6W" (Davis) S gd'opted as amended (g) Res. 81-77 "Accepting Bids and Authorizing Contracts or Landscape Maintenance at Various Schools in the Borough" (Mayor) S Adopted (h) 'Res. 81.78 "Awarding a Contract for the Relocation ff—a—Yo—ftabie Classroom from Soidotna Junior High School to Anchor Point School" (Mayor) 5 Adopted (i) Res. 81.66 "Awarding the Contract for the Nikoiaevsk cIob�T oTWition Construction Project" (Postponed from 4-22) S Adopted as corrected L. PENDING LEGISLATION (b) through (k) no action (1) Ord. 81.25 "Providing for Family Choice in Education .. y e stablishment of a Voucher System for the Distribution of the Local Share Educatioi Funds" (referrdd to committee 4-7-81) S appointee i (m) through (p) no action M. INTRODUCTION OF ORDINANCES (a) Ord. 81-43 "Making Tbchnicai Corrections to the Borough a es ex Ordinanco and Providing for Reduced Penal- ties for Delinquency of Small Accounts" (Mayor) 6 Set for Hearing 6-16 (b) Ord. 81.44 "Rezoning Lot 2, Block i Lakeside Village u v s on, City of Homer, from Residential (R) to Commercial (C) District" (Mayor) 6 Set for Hearing 6-16. (c) Ord. 82.45 "Appropriating funds and Authorizing a sole Sourco Radiographic and Flouroscopic Equipmont for the Central Peninsula Hospital from the Balance of Unappropriated Funds from the Issu,-ince of Bonds Approved by the Voters of the Serv.icg Area at the Borough Election of October 2, 2979" (Mayor for'CPIISA)7 Set for hearing 6-16 (d) for Composition Ordor- el-enaiPPeninsulaBorough Assembly andmProviding for Voter Ratification of the Plan at the Next Regular Election" (Dimmick) 7 Defeated N. FORMAL PRESENATIONS WITH PRIOR NOTICE UPON MATTERS NOT ON THE MEETING AGENDA 6 KENAI PENINSULA BOROUGH MINUTES OF THE REGULAR ASSEMBLY MEETING MAY S, 2981; 7:30 P.M. BOROUGH ADMINISTRATION BUILDING SOLDOTNA, ALASKA . A. CALL TO ORDER The meeting was tailed to order by Pres. Fischer at 7:30 p.m. following a onhour presentation by Mr. Tom Atingon, Senior Administrator for the Lutheran Hospital end Homes Society of America. B. PLEDGE OF ALLEGIANCE C. ROLL CALL PRESENT: Assem6lymember Sikorski, Wade, Anderson, Brandon, Crapuchettes, Pis her, Glanville, Harvey, King, Lounsbury, McBride, McCloud, McGahan, Schaofermeyyer; Mayor Thomppson, Atty. Sar!.sky, Admn. Asst. Best. Public N'orks Director Hakort, Finance Director Barton, Borough Clerk Brymer ABSENT: None D. INVOCATION The invocation was given by Rev. Humor Kiser of the Nikishke Christian Center. E. SEATING OF NEW ASSEMBLYMEMBERS (none) F. APPROVAL OF MINUTES: April 7, 24, and 21, 2981 The minutes were approved with one correction to the minutes of April 7, Page 3, second paragraph by changing the name of Elmer Hodges to Hilmor Kiser. G. AGENDA APPROVAL Ms. Vicki Cannard requested permission to be heard at the first Public. Presentation, Item H. Mrs. Dimmiek requested Item L(a) pending Res. 81-66 be moved to Item K(i) for action and the changes were made without objec- tion. Mayor Thompson called attention to a typing error in Res. 81-66 and the correction was noted. H. PUBLIC PRESENTATIONS UPON MATTERS NOT CONTAINED IN THE ASSEMBLY'S AGENDA FOR THE MEETING Ms. Vicki Cannard, Alaska Dept. of Transportation, Kenai Area Planner, reported phase II of the Kenai Regional Transportation Study was an analysis of how future development trends in the Borough will impact the transportation system. Public hearings and workshops held on the Peninsula in March indicated the most common regional transportation improvements needed are the upgrading of the Seward and Sterling Hig%ways, upgrading of secondary and local road systoyns, upgrading of airports, ports and harbors, expanding ferry service and provision for a Turnagain Arm crossing. Common responses were towards establishment of a Regional Dept. of Trans- portation -and Public Facilities office with decision making authority for the Kenai Peninsula, more borough involvement and influence over project selection and improvement in the quality of projects construction. The bottom line appeared to be "do whatever is possible without increasing local taxes". Ms. Cannard reported she would return in July with further data on Phase III of the project. During the question and answer session which followed, Ms. Cannard reported the study will cost$225 000 and is an ongoing process. Assembly sentiments were to the effect the funds could boat be spent on road projects rather than studies.. -1- ` � r r ' Page No. (a) Ms. Vicki Cannard, Dept. of Transportation Study i i ! (b) Mr. Tom Mingen, Lutheran Hospital and Homes Society 1 Prio 8:30 .m.r to, at O. MAYOR'S REPORT p (a) Economic Development Report P. OTHER BUSI14ESS (a) Request for waiver of Penalty $ Costs (General Tole - phone Co.) 7 Denied ASSEMBLY AND MAYOR'S WDIENTS 8 C R. S. PUBLIC CO41ENTS INFORMATIONAL MATERIALS 10 AND REPORTS 10 faa 1• T. NOTICE OF NEXT MEETING AND ADMOURNMENT (May 19, 1981) 10 Y f e � - 1": 3 i. i +e. KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING MINUTES OF FAY 5. 1981 PAGE 2 I. CO*1ITTEE REPORTS (a) Finance. Mr. McCloud reported the committee requests Ord. 81-12 regarding the Mayors salary computation be placed on the next agenda for ac fromon. salesrtax81s6stillapending asto etbeion committee wishesetoffood see ifptheretwill be any legislative action before proceeding'. (b) Local Affairs. Mr. Sikorski reported the committee discussed Ord. 81.2 regarding municipal plaiinin and zoning powers and it appears the hearings cannot be scheduled until sometime in July. Reporting out Of committee and for the next meeting agenda is Ord. 81.11 which amends the code providing, for an olotted board for the Central Peninsula 1ospital. Mrs. Dimmick has some amendments she wishes to prepare and present to the assembly on May 19. The apportionment issue was discussed. Public raigsBrandon reported hmjeciadss theresolutionegrdnFeudingeandngmereLakoprotsnwa unanimous favoring approval. The committee also favored Res. 01.77 for landscaping at various schools and Res. 81-78 for relocation of a portable classroom from Soldotne Jr. High to Anchor Point and unanimously approved Roo. 81.66 for the Nikolaevsk School addition. (d) State/Legislative Affairs. Mr. Wade reported meetings have not been held recently, however, Mr. King wont to Juneau and talked with our local representatives. Mr. King reported our representatives have recom- mended the borough take on limited road powers for construction of roads under contract, funded by the state. This would not involve maintenance. (e) School Board. Pres. Fischer informed' the assemblyMrs. McGshan will be appointed to the committee as an alternate as Mr. King will not be available to attend all school board meetings. Mr. Fischor reportod attending the May 1 board meeting in Homer and the administration has recommended a bond issue be presented in October for three school projects: a four classroom addition and library at Anchor Point, a new Homer elemen- tary school on Bait Road, end a cafeteria and classroom addition at Seldo- via. The following year another bond issue is proposed for a now Homer high school, a North Kenai Elementary classroom addition, a now elementary school on Kalifonsky Beach Road, an auditorium at KCHS and a Multi -purpose room at Soldotna JrHigh. The third priority which needs further study Is for an Anchor Point middle school, a North Kenai middle school, a Tyonek swimming pool addition and a multi -purpose gym addition at Cooper Landing. A notice of reconsideration was given on the priority projects. Mr. Fischer reported telephones have been deregulated and the district must make a choice whether to lease the facilities or purchase them. The administration has recommended the telephone system be purchased at a cost of $200,000, with funds remaining in fiscel year 1980.81 budget. The final decision must be made by March 1982. There will be a meeting with the Mayor to discuss the possibility o joint useago of a system by borough and school administrations ings;fhowever,Land Dtheobrochurie.forvSalereported No.2 I shavailable. have not e referredtto et - Res. 81.76 and urged assembly approval of the disposal of lands along Cook Inlet. 19) Central Peninsula Hospital. Mr. Harvey reported a meeting is scheduled for tomorrow and Mr. Mingen will present the benefits of belonging to the society in groater depth, costs involved for the benefits, and poaai- ble changes in the contractual arrangement with the borough. MrDavis requested Mr. Harvey report on the meeting hold in the borough building regarding lands in the southern peninsula area. -2- a KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING MINUTES OF MAY 5, 1981 PAGE 3 Mr. Harvey reported the Stockgrowers Assoc. presonted information to the assembly which would outline the soil types for lands to be disposed of so consideration could be given to setting aside certain lands for agricultural purposes. Mr. Davis repported HB 31 is of extreme interest to the public and assembly as Governor Ilammond has stated private ownership of land is the ultimate lockup and he is now, with over 100 million acres of land. unable to get rid of $100,000 acres per year but is trying to got 20% of the borough land to dispose of to fill those requirements. He urged response to the proposal. Mr. Best reported a resolution is being preparod for assembly consideration and teleconferences have been held with local representatives to have deleted those portions of the bill which are detrimental to the borough. Mrs. Dimmick reported attending a board meeting of Alaska Municipal League on Saturday and HB 31 was an item of concern. The main portion of the bill Is aecoptablo, however, there are two sections which may need to be deleted for the legislature to act on the bill this session. J. ORDINANCE HEARINGS AND OTHER PUBLIC HEARINGS (a) Ord. 81.34 Substitute "Amending Section 2.08.090 of t o oroug o e o rdinances to Provide that Legislative It me Pending on the Agenda May Be Considered at an Assembly Meeting Following the Meeting at Which Notice of Consideration is Given by an Assembly Member" The ordinance was read by title only as copies were available for the public. Public hearing was declared open and as no one wished to speak, was closed. ASSEMBLYMEMBER DIMICK MOVED FOR ENACTMENT OF ORD. 62.34. SUBSTITUTE. Mr. Sikorski reported Local Affairs recommended a unanimous "do pass". The committee believed the ordinance to state an item.cannot come out of committee the same night a decision is made on the issue, but would give notice of consideration at the following meeting. Mayor Thompson requested an amendment be added:to Section B after the last word by adding "or meet the time provisions of Section A for inclusion in the packet and not previously set for time specific on the agenda." ASSEMBLYMEMBER McGAHAN MOVED TO AMEND SECTION B AS NOTED ABOVE AND RECO%1- MENDED BY THE MAYOR. THE AMENDMENT PASSED BY A VOTE OF 9 TO 1; Anderson, Crepuchottes, Dimmick, Fischer, McBride, McCloud, Schaefermeyer voting "No". QUESTION WAS CALLED ON ENACTMENT AS AMENDED AND IT PASSED BY UNA.%IMOUS VOTE. (b) Ord. 81-35 "Repealing a.Part of Section 2.08.040(A) and Repealring Section 2.08.040(B) of the Borough Code of Ordinances notating to Abstention from Voting By Assembly Members on School Appropriations in Cases of Conflict of Interest Arising Out of Employment b the School District" y The ordinance was read by title only as copies were available for the public. Public hearing was declared open. Speaking in favor of the ordinanco were Don Greer, Moose Pass teacher, John Killivik, Kolifonsky, representing the'KPEA, June Kohler, local Federa- tion of Teachers, and Harry S. Hammon. Those speaking believed Ord. 80-66 was too encompassing as it relates to the conflicts of interest. There will always be conflicts no matter what a porson is doing and one must rely on the individual conscience in determining that conflict.. - 3 f - I i fr 1 J I I KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING MINUTES OF MAY Ste_ 1081 PAGE 4 As no one else wished to spook, public hearing was closed. ASSEMBLYMEMBER SIKORSKI MOVED FOR ENACTMENT OP ORD. 81-3S, REPORTING THE LOCAL AFFAIRS CO)1MITTEE HAS REC0DIENDED A "DO PASS".- ASSEMBLYMEMBER CRAPUCHETTES MOVED TO MIS, D TO DELETE SECTION 1 ORD. 81.1 1%111CH AMENDED SECTION 2.08.040(A) AND TO DELETE FROM THE TITLE �THE FIRST PHRASE IsMICH READS "REPEALING A PART OF SECTION 2.08.040(A) AND". THE AMENDMENT PASSED BY A VOTE OF 9 YES TO 7 NO; Sikorski, Brandon, Dimmick, Fischer, King, MGGBIian and Schaeformeyer voting "ko QUESTION WAS CALLED ON THE ORDINANCE AS AMENDED AND IT PASSED, 14 TO 2; Davis and King voting "No". K. CONSIDERATION OF RESOLUTIONS (a) Res. 81-72 "Authorizing Survey Work on the Feuding ane oca Service Roads and Trails Project and Establishing a Budget for Survey -and Soil Investigation" ASSEMBLYMEMBER BRANDON MOVED FOR ADOPTION OF RES. 82.71 AND THE MOTION PASSED BY'A VOTE OF IS YES TO 1 NO; King voting "No". (b) Res. 81-72 "Approving a Contract for the Construction urvey o the Longmere Lake Local Service Roads and Traiia Project" ASSEMBLYMOMBER 0I01MICK MOVED FOR ADOPTION OF RES. 81.72 AND WITH LITTLE DISCUSSION THE MOTION WAS UNANIMOUSLY APPROVED. (c) Res. 81-73 "Reserving Public Use Easements from Borough an s c Are Included in Borough•Lottery Land Sale No. 2 in Order to Preserve Access and,Other Purposes in the Public Interests" ASSEMBLYMEMBER ANDERSON MOVED TO ADOPT RES. 61-73 AND THEN MOVED TO MEND SALE BROCHURE No. 2 AS FOLLOWS: "page 17, Parcel 1, include an easement across northerly SO'. Page 18, include easterly SO' of Parcels No. 3 and 4, which also are shown as lots 10 and 12. This would be a 30, easement on the easterly boundary which would match up with the 30' easement of Parcel 2. Page 16, include a 30' easement across the northerly portions of what is shown as GLO, Lot 13, a portion of Parcel 2. This will be a con- tinuation of the southerly 1/2 of the 60' right of way and will give access to the beach. Page 20, include an easement across the southerly 60' of 'Parcel 30 for access to the lake." QUESTION WAS CALLED ON THE AMENDMENT AND THE MAIN NOTION AND BOTH PASSED UNANIMOUSLY. (d) Res. 61-74 "Authorizing a Contract for Aerial Photographic ase Map overage for Designated Sections of the Borough" ASSEMBLYMEMBER McBRIDE MOVED FOR ADOPTION OF RES. 81-74 AND THE MOTION WAS APPROVED BY UNANIMOUS VOTE. (e) Res. 81-75 "Urging the United States Congress to Amend TFiOMMrel Bankruptcy Act to Make the Filing of Bank- ruptcz More Difficult and to Minimize the Potential for Abuse ASSEMBLYMEMBER MCBRIDE MOVED THE ADOPTION OF RES. 81.75. -4- r n KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING MINUTES OF MAY S. 1961 PAGE S Mr. McBride stated the federal bankruptcy laws are too lenient and allow many individuals to declare bankruptcy which in turn produces a loss of Income to business and personal creditors and at times has allowed the Individual declaring bankruttcy to realize a financial gain, while still retaining a large portion of his assets.' QUESTION WAS CALLED AND RESOLUTION ADOPTED BY A VOTE OF 14 YES TO 2 NO; Schoofermeyer and McGahan voting "No". (f) Res. 81-76 "Directing the Preparation of a Plan for the sposal of Lands in the Area of TON, ROW Along Cook Inlet to Point Possession, T11N, R6W" ASSEMSLYMEMBER DAVIS MOVED TO ADOPT RES. 81.76 AND THEN AT THE REQUEST OF THE MAYOR MOVED TO MEND TO CHANGE THE DATE IN SECTION 1, PAGE 2 0 READ, "No later than August 6" AND TO AMEND THE RESOLUTION THROUGHOUT TO CHANGE THE WORD "Directs' TO READ "Requests". THE AMENDMENT AND THE MOTION TO ADOPT AS AMENDED WERE UNANIMOUSLY 'APPROVED. (g) Res. 81-77 "Accepting Bids and Authorizing Contracts ofor—Land pe Maintenance at Various Schools in the Borough" ASSEMBLYMEMBER McCLOUD MOVED -TO ADOPT RES. 81.77 AND THE MOTION PASSED UNANIMOUSLY. (h) Res. 82.78 "Awarding a Contract for the Re rocation of a PortabN Classroom from Soldotaa Junior High School ! to Anchor Point School" ASSEMBLYMEMBER DDS1ICK MOVED F01 ADOPTION OF RES. 81.78 AND WITHOUT DISCUSSION THE RESOLUTION WAS UNANIMOUSLY ADOPTED. (1) Res. 81-66 "Awarding the Contract for the Nikoloevsk School 1tion Construction Project",(Postponed from 4-21) ASS01BLYMEMBER DIWIICK MOVED FOR ADOPTION OF RES. 62.66 AND NOTE SIAS MADE OF THE TYPOGRAPHICAL ERROR IN SECTION 1, WHICH SHOULD READ FOR No. 2, "Gravel fill $S,700 AND No. S, Re -roof existing $50,90011 AND THE MOTION PASSED UNANIMOUSLY. L. PENDING LEGISLATION (b) through (k) No action (1) Ord. 81.2S "Providing for Family Choice in Education y the EsTablishment of a Voucher System for the Distribution of the Local Share Education Funds" (in committee) Mrs. McGahan recommended the ordinance be b;ougght out of committee and heard on Flay 29, bolieving the ordinance should be dealt with in accordance with Mr. Anderson's motion which was to put it into committee for study and bring back to public hearing with full public notice. Mr. Crapuchottes commented the Ordinance was not put into committee and it has never been studied. The voucher system has morit and there are many studies out on it. He objected to the Ordinance returning May 19 when it has not been assignod a committee. Mr. Fischer reported the Chair was charged with appointing a committee and the Chair chose not to make the appointment until a ruling from the Attorney General has been received. He ruled the ordinance is in committee although he has not chosen the members. �.1 s� i I L. j fJ KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING MINUTES OF MAYS lost PACE 6 Mr. Crapuchottes believed a committee should be appointed to study the morits of a voucher system as a long range proposal to come to the ease ate later date. The Committee would be charged with.finding out how the voucher system would affect this borough and now it could bo modified to fit the funding of our schools. The people should have a more direct say in how educational funds are to be spent. ASSEMBLYMEMBER McGAHAN MOVED TO BRING ORD. 81-2S OUT OF CO)DIiTTEE. Mr. Glanville b921oved it should remain in committee for evaluation and also requested defeat of the notion. Mr. Anderson objected to the ordinance coming out of committee as the problems with it have not been resolved and there should be committee study. Mr. Harvey agreed with the objectors and favored a 90 day time limit on a study. AS CALLED AND THE wDimmick, Fischer, McBride,ON JMcCloud,AILED BY AMcGahanVOTE l, and ESchaeforme ikorski,S TO 0 yor voting "Yes". ASSEMBLYMEMBER DAVIS MOVED THE ASSEMBLY ASK FOR THREE VOLUNTEERS TO SERVB ON THIS COWITTEE AND THAT THEY BE APPOINTED AT ONCE, Pres. Fischer questioned the function committee would avatdtheucon Involved not his motonthtthe Chair has overstepped his bounds in not appointing a committee as the asaembiy moved he should, but rather has waited for an Attorney'Genorai's opinion on the matter. The Attorney General will not offer an opinion unless requested to do so by a Legislator. Pros. Fischer reported Senator Gilman has made such a request. ASSEMBLYMEMBER DAVIS REVISED HIS MOTION TO STATE THE PRESIDENT IS TO ASK FOR THREE VOLUNTEERS TO SERVE OR THIS C001ITTEE AND THAT THEY BE APPOINTED AT ONCE. QUESTION WAS CALLED AND THE MOTION PASSED BY A VOTE OF 9 YES TO 9 DlO; Sikorski, Dimmick, Fischer, McBride, McCloud, McGahan Schaefermeyer voting "No". Pres. Fischer appointed himself and Messrs. Glanville and Anderson to the committee to study the voucher system. (m) through (p) No action.* M. INTRODUCTION OF ORDINANCES (a) Ord. 81.43 "Making Technical Corrections to the Borough Sales ax Ordinance and Providing for Reduced Ponaitios for Delinquency of Small Accounts" ASSEMBLYMEMBER McCLOUD MOVED TO SET ORDINANCE FOR HEARING ON JUNE 2, 1961. Mr. Harvey and Mr. Lounsbury requested permission to abstain bolievingg the delinquentrdinance would taxesbandithenordinancenreduces thethem penaltieue to shforadelinquencies. Abstention was granted without objection. THE ORDINANCE WAS SET FOR HEARING BY A VOTE OF 14 YES TO 2 ABSTAINING (Harvey and Lounsbury). (b) Ord. 81-44 "Rezoning Lot 2, Block 1 Lakeside Village u v s on, City of Homer, from Residential (R) to Commercial (C) District" (Mayor) ASSEMBLYMEMBER ANDERSON MOVED TO SET ORDINANCE FOR HEARING JUNE 2 AND THE MOTION PASSED BY UNANIMOUS VOTE. -6- O .. If KENAI PffiNSULA BOROUGH ASSEMBLY REGULAR MEETING MI..WTES OF MAY 5. 1 82 _ PAGE 7 (c) Ord. 81-45 "Appropriating Funds and Authorizing m Solo source Iu3iographie and Flouroseo is Eqquipment for the Central Peninsula Hospital from the Baihnco of Unappro- priatod Funds from the Issuance of Bonds Approved by the Voters of the Service Area at the Borough Election of October 2, 1979" ASSEMBLYMEMSER BRANDON MOVED TO SET ORDINANCE FOR HEARING JUNE 2 AND THE MOTION PASSED UNANIMOUSLY. (d) Ord. 82.46 "Providing for a Plan for the Composition of t e ena oninsuia Borough Assembly and Providing for Votor Ratification of the Plan at the Next Regular Election" ASSEMBLYMEMER DIMMICK MOVED TO SET ORDINANCE FOR HEARING JUNE 2, Joel. Mrs. McGohan reported the Mayor has requested an opinion from the Attorney General regarding the possibility of resportionmont this October and a/ yet the opinion has not been received; she urged defeat of the ordinance. Atty. Sarisky reported discussing the issue with Community and Regional Affairs representatives who stated they are committed to their position that the language in the statute means what it says, but they have not consulted with the Attorney General and he believed this should be done. fie stated he will be contacting the assistant A.G. who handles these matters. He believed the wording to be a legislative oversight as this borough has tboon apportioned finurorder tenattetnal rldtheCensusguresdid not change o thextethaheassemblywoube considered malapportioned. Mrs. Dimmiek commented the statutes specifically state that rogardless of whether you are in compliance or not you will put a plan before the voters. The ayportion plan which was imposed on the borough was never board by the assembly and was not voted on by the public, The statute specifically addresses granting the people the opportunity to consider a plan or plans Of apporttsonment for its representation. QUESION WAS CALLED AND THE ORDINANCE FAILED BEING SET FOR HEARING BY A VOTE OF i YES TO 15 NO; Dimmiek voting "Yes". N. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON MATTERS NOT ON THE MEETING AGENDA 0. MAYOROS REPORT (a) Economic Development Report Mayor Thompson stated this report is not Toady and w111 be given later. (b)Board of Equalization hearings will begin an May 12 and continue on may 35 (c) The land lottery sale is scheduled for June 6; oppiieation forms and tickets will be available next week. P. OTHER BUSINESS i (a) Request for weiVer of Penalty and Costs, General Telephone Co. ASSEMBLYMEMBER A"SDERSON tIOVED TO GRANT WAIVER OF PENALTY AND COSTS, REPORTING THE FINANCE CMD11TTEE RECO)WENDED DENIAL. -MOTION FAILED BY A VOTE OF 1 YES TO 15 NO; Harvey voting "Yes". .7- M, __ RUN, MAY NNINSULA BOROUGH ASH!IDLY REGULAR MRETINa MINUT@S Op 1981 Q. ASSEMBLY AND 61AYOR'S COVIENTS (a) in reply to questions from Mr, McCloud, Mayor Thompson reported the Railboit Conference was attended by those boroughs involved along the rallboit and an interim chairman and by-laws woe passed, The b rg Officially joined the Railbolt Conference which will extend to the Ronal in Deceh has orou area. The next official mooting will be hold December, (b) Mr. McCloud asked Committee Chm, Brandon the status of Ord, 81-16 which relatos to streets and sidewalks outside cities. pp ted the public hearings have not boon hold pending actionrofBrandongisloturo regarding roads. A meeting of the committee Monday nigght with the planning Commission will help determine road priorities. Mr. 8 keys k! added the Local Affairs may betconsideringwlimitederoaddpowers as reI ncommow aPPed by legislators, whichcis tfakingraesecondrlo©k atatheisppraiaudgvalues onathe lands for sale and in his opinion the appraisals are quite high, NO wished to see some substantiation for these prices. Mr. Harvey stated the conflict on interest ordinance enacted tonight will allow ooeh assemblymember to docido if he has a eonfilct but he wonted the sasombly to recall Mr. Davis's intent when he introduced Ord, a wan which coneorned teachers unions and the powers they wield with what effect on the educational system. He would challenge anyone to look at the history of WEA and then tell him this is not a subversive organization. the Planning CommissioneanddItatodrwhenethe commission,willlauthorize to surveyor to make rocommondations to the assembly, the surveyor has too much power. Mr. Davis royyuostod a resolution be Dropared for May 19 in opposition to HB 31, the bi31 regarding municipal land selections. Mr. Davis resented the state administration spending taxpayers money and time on the Transportation Study, The needs could havo boon determined by s few short conversations with community leaders. Mr. Davis requested the Local Affairs Committee study the etato's proposed reapportionment plan and recommend a resolution either supporting or oppos- ing the plan. (o) Mrs. Dimmick reported having an Overview of HB 31, As a member Of the NACo public Lands Steering Committee she reported a main concern is the ppayment in iiou of taxes. This year there was a federal appropriation of 5108 million which covered all states and is a moans,of local gutting their share of revenues from lands the federal government owns which municipalities cannot tax, Today she learned the Full House Appro• priations Committoo voted to rescind the $108 million, This will affect tfrom he borough budget this year, There is $600,000 in anticipated revenue correct, Sharsuggpstodwessombiymombosaaandmadministsatorsieontaetnrepro- sentatives to urge the fppi08 million remain ss appropriated. ena,pressentedithe assemblytthealistdof prioritiestheBoardrhasebooneworking on. (f) Mr.,Lounsbury urged assembly support of the local hospital$ it is an important and needed facility in this area. the conflict oidlnterest Ord, 81�3latTho honeshsysternmdeessnotteiwoys work and this ordinance provides the proper moebanism,for control. •8. I i I 4 I -:__-.I,�.......,_,-.- . 1. KGNAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING MINUTES OF MAY_5, 1981 PAGE 0 (h) Mr. Anderson shared Mr. Horvoy's concern over land sale prices In the brochure stating that was one of the reasons he voted against the ordinance authorizing the solo after it was changed from the sealed bid method. The only real way to find out what the parcels are really worth Is by soolod bid which he urged the committee to implemont. (i) Mr. King reported on information compiled by the Census Bureau and how the Ford Foundation gives the information to other organizations for study. They are thinking of doing the same thing as is done in Russia where they issue so many squaro foot of property per person. He wished to go on record in support of Dun Young who Infighting the IRS which most people do not like. 0) Mrs. NeGahan reported trying to use Ord. 81-1 and it did not work and she did not•boliovo it will work because when votes are needed the assembly will state thore is no conflict. She expressed astonishment the school board would establish ouch priorities afto- ,doption of a resolution stating priorities would be set jointly by s.somb2y and board, She reported going to Anchor Point and the people there do not want an addition to the present facility and have requested consideration of another location, The school houses kindergarten through the Oth grade and already extends to its boundaries, has four hooting systems from previous additions and the only way to expand is to use pixygground, The people want the Pro aent school changed to K through d and a now facility for grades 5 through 8. (k) Mr. Fischer stated there are 15 acres ad 6ining the present A.P. school which are owned by the state and perhaps there could be a land swap. Mr. Rest repeated there is an old gravel ;it in which the transfer site is located which is probably the parcel Air, Fischer is reforring.to. He stated the borough will investigate site possibilities in the area. Mr. Fischer stated a previous bond issue covered Anchor Point and Tustumena Schools and in tho priorities Tustumona with more pupils than Anchor Point was not addressed. Redoubt Elementary is crowded and people in tho Tustu- mona area who have boon sending kids (45) to Redoubt, now have to go back to Tustumona, fie charged the School Committoo to meet with the school administration to look over the total priority list and come up with other recommendations, Mr. Fischer requested the Mayor to look into the $200,000 tolophone system and see if in the capital projects aroo thero could be reimbursement from the state. Ile further requested the Public Iforks Dept, pprovide a copy of the total school capital project roqueota submitted to tho District. He reported at the last School oard meeting in Komar residents reported Homer never has an opportunity to got a representative on the Board. He had reported under Title 29 the assembly has authority to designsto seats for school board membors however, aftor further invostigation it appears this Is not the case and {o wished to apologlzo to the people in Homer. fie commended the Lutheran Komos Society representatives who presented the hospital information. as helwillrbeKworkingt.�osThere wasnoand so ordered. for the balance Of :b0 month (m) Mr, McBride reported some confusion over the Anchor Point School of the Advisory Board favors the addition proposod provided adjacent land can be acquired. R. PUBLIC COM)IENTS .g. KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING MINUTES OF MAY 5. 1981____ _ PAGE 10 (a) Mr. Scott Hammon reported the reason for high beach assessments is the sot net sites which he objected to, also stating the bluff side is hindered by erosion problems. (b) Mr. James Jelin, Chairman of the CPHSA Board, discussed the Phase 11 proposal and the probability of furthor bonding to cover costs. He reported the board is working diligently to provide a good facility. Ho statad a board member is available to explain whet is being done at any time the assembly may have questions. S. INFORMATIONAL MATERIALS AND REPORTS Pros. Fischer referred to the Cook Inlet Economic Development Symposium which will be held Tuesday May 22, beginning at 9:30 a.m. at Wildwood. He asked for a show of hams of those planning to attend tt registration fee of $40.00. Nine persons indicated their intent to attond. T. NOTICE OF NEXT MEETING AND ADJOURNMENT The next regular meeting is May 29, 1981 with Board of Equalization Hearings be innin May 12 at 7:30 and continuing May 13, 1981 at 7 p.m. Meeting adfourne� at 11:10 p.m. Data approved May 19, 1981 ATTEST t o sembly ares�ont• Borough Clark . l 1 1 A r• X:rjP0 KENAI PENINSULA BOROUGH - REGULAR ASSEMBLY MEETING MAY 19, 1981: 7:30 P.M. I BOROUGH ADMINISTRATION BUILDING I SOLDOTNA, ALASKA - Pan A. CALL TO ORDER 1 B. PLEDGE OF ALLEGIANCE 1 C. ROLL CALL 1 D. INVOCATION: Rev. Jerry Anderson, Church of Jesus Christ, LDS, Homer Branch i E. SEATING OF NEW ASSEMBLY MEMBERS (none) 1 F. APPROVAL OF MINUTES OF AIAY 5, 1981 1 Approved G. AGENDA APPROVAL H. PUBLIC PRESENTATIONS UPON MATTERS NOT CONTAINED IN T. Mingen THE ASSEMBLY'S AGENDA FOR THE MEETING 1 M. Walsh S. Metler I. COMMITTEE REPORTS •. �a Finance (McCloud AlcGahan Anderson, Lounsbury) b; Local Affairs ichoofermayer, Dimmick, (Sikorski, Harvey) c Public Works (Bronson, Glanville, McBride) d; Stato/Federal Legislative Affairs (Wado, Crapu- ' chettes King) School >�oard e (King, McCahan) 2 f Land Disppoaai (Davis, Sikorski, Harvoy) 3 g Central Poninsula Hospital (Harvey, Sikorski, . Lounsbury, McGahan) 3 q J. ORDINANCE HEARINGS AND OTHER PUBLIC HEARINGS Ord. 81.11 "Amending ` (a) Section 26.08.020 and See- 16.00 oiinn 030 of the Borough Code to Provide. for p. an Elected Board for the Central Peninsula Nov- Mal Service Area, and Amending Section 16.08. 040 Relating to Minutes of the Board's Meetings, and Enacting Section 16,08.050 and Section 15.08. 060 Pertaining to Vacancies on the Board"(Mayor) 3 Defeated •-- -- (b) Ord. 81.12 "Making Technical Corrections to oc�' tion . 04.060 of the Borough Code Regarding the Salary of the Borough Mayor" (Dimmick) 4 Defeated (c) Ord. 81.28 "Amending Section 20.04.040 to Permit u v a%ns of 10 Acres or More Without Submis+ $ion of a Plat" (Meoahan) 4 Enacted w/Raton. "Pertaining to the Board of (d) Ordiation, 6.2 t6 v Fixing ofaQuorum, and ProW- ng Compensation for Members of the Board of Equalization" (Fischer, Davis, Sikorski) S Enacted as Amn. ' 1 i (e) Ord. 81-40 "Appropriatin Surplus Funds td the 4 oar re-elFire Service Area" Mayor) 6 Enacted (f) Ord. 81-41 "Rezoning Certain Lands Within the city of Saward Lying in the Area Known as the ' Seventh Avenue Greenbelt Area From Industrial (I) District to Public (P) District" (Mayor) 6 Enacted 11 • i " f r ' I 1 ik f � r • AGENDA FOR MINUTES OF MAY 10, 1981 Page No. (F) Ord. 82.42 "Rezoning Lots 1 2, and 3, Block S, cea0" nview Subdivision Addit on No. 1, City of Seward, From Industrial and General COmmorcial to Public District" (Mayor for P.C.) 6 Enacted K. CONSIDERATION OF RESOLUTIONS (a) Res. 82.79 "Acknowledging the Receipt of the noSti—i cap%tal Projects Status Report Dolinoa- ting Expenditures and Transfers of Capital Improvement Funds" (Mayor) 6 Adopted (b) Res. 81.80 "Declaring the Wholehearted Support ofthe Assembly for Houso Bill No. 422 In the Twelfth Legislature of the State of Alaska V&ich Ifould Authorize Exclusion or Furthering, Partial Exemption of Residential Property from Taxation" (Mayor) 7 Adopted (c) Res. 82.81 "Urging the Alaska Legislature to e eG teseection 3 (38.04.021 (A•E)) Identifica- tion and Disposal of Municipal Entitlement Land, and Section 21 A.S. 40.iS.010 Amendment, From House Bill No. 31" (Mayor request of P.C.) 7 Adopted (d) Res. 82.82 "Authorizing a Supplemental Cadas- tral survey of Sections 18 and 19 of TON, R17W and Section 13 and 24 of Tract A TON, RION, Seward Meridian, Alaska" (Mayor) 7'Adopted (a) Res. 81.83 "Importuning the University of Alaska 0 continue the Homer Research Center as a Part' of the University of Alaska Agriculture Experi- ment Stations, and Memorializing the State Leg- islature to Provide a Direct Appropriation if Necessary to Continuo tho Vital Work of the Homer Research Center" (Mayor) 7 Adopted (f) Res. 81.84 "Providing for the Exchange of Real Property Between the City of Seward and the Borough' (Mayor) 7 Adopted (a) Res. 81.85 "A Resolution Supporting a Grant or pS' CISI Appropriation to the Borough for the Use and Benefit of the Ridgeway Service Area for the Purchase of Fire Fighting Equipment and Related Facilities" (Mayor Request of RFSA) 7 Adopted (h) Res. 81-86 "Assigning Funds for Furnishings foir the NinilEhik and Nikolaevsk School Additions and Renovations Subject to the Assembly's Approval of Equipment Purchases Prior to the Encumbrance of Funds" (Mayor) 8 Adopted (i) Res. 81.87 "Urging the Passage of Senate Bill o. lay, Which Provides for the Construction of a State Trail System and Requesting the Allocation of SS.S Million to Be Used By the Borough for Construction of Bicycle and Ski Trails in the North Peninsula Recreation Service Area" (Mayor request of NPRSA) 8 Adopted (j) Res. 81.88 "Authorizing the Purchase of Play- grouipment for the North Peninsula Recreation Service Area" (McOahan) 8 Adopted (k) Funding Extension for Broadcasting Meetings 8 Adopted n AGENDA FOR MINUTES OF MAY 19, 1981 PnfLo No. L. PENDING LEGISLATION 8 No action M. INTRODUCTION OF ORDINANCES (a) Ord. 81-47 "Providing for the Acquisition of Muni- c pa owors Necessary to Provide Ports and Harbors, Wharves, and Other Marino Facilities in the Borough Outside Cities" (Mayor by Econ. Development) 8 Set Hearing 7-7 Rot P.W. (b) Ord. 81-48 "Rezoning Lots 9.15. Block 1, Kenai owns e - East Addition in the City of Kenai" 8 Set for Hear. 6-16-81 N. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON MATTERS NOT ON TIM MEETING AGENDA I .' 0. MAYOR IS REPORT (a) Finance Report, April 1981 9 Acknowledged P. OTHER BUSINESS (a) Petition for Redress - Payment of Taxes 9 Rot Finance Q. ASSEMBLY AND MAYOR'S COMMENTS 9 R. PUBLIC COMMENTS 9 S. INFORMATIONAL MATERIALS AND REPORTS 10 T. NOTICE OF NEXT MEETING AND ADJOURNMENT 10 J, i KENAI PENINSULA BOROUGH MINUTES OF THE REGULAR ASSEMBLY MEETING MAY 19, 2981; 7:30 P.M. BOROUGH ADMINISTRATION BUILDING SOLDOTNA, ALASKA A. CALL TO ORDER Pros. Fischer called the regular meeting to order at approximately 7:40 P.M. following adjournment of the Board of Equalization hearing. B. PLEDGE OF ALLEGIANCE C. ROLL CALL PRESENT: Assemblymembers Anderson, Brandon, Davis, Dimmick, Fischer, Glanville, Harvey WaLounsburde;IMayoreThompson, Admn. Asst. Best, Atty. Sarisky, Finance Director Barton, Public Works Director Hakert, Assessor Thomas, Engineer Conyers, Dpty. Clerk Brindiey ABSENT: Assembiymember Crapuchottes ABSENT AND EXCUSED: Assemblymember King D. INVOCATION The invocation was given by Jerry Anderson, Branch President, Homor Branch of the Church of Jesus Christ, Latter Day Saints. E. SEATING OF NEW ASSEMBLY MEMBERS (none) F. APPROVAL OF MINUTES OF MAY 5, 1991 Mrs. McGehan noted an error on page 1, the cost of the transpportation• study in the last paragraph should read $22S,000 instead of 525,000. The minutes wore approved as corrected. G. AGENDA APPROVAL Pres. Fischer stated he would like to move Ord. 81-11 under "Other Business" to Item J "Ordinance Hearings" and to add Res. 81-88 and a transfer of funds to cover radio broadcasting through June 30, under Item K "Consid- eration of Resolutions". The agenda was approved as amended. H. PUBLIC PRESENTATIONS UPON QUITTERS NOT CONTAINED IN THE ASSEMBLY'S AGENDA FOR THE MEETING Pros. Fischer stated he would allow Tom Mingon, scheduled under Item N earlierrtimel. Mr. LounsburydaskednthatiSherryfMilnor haves permission to speak( also. and F)omesllSocr. iety,idistributedtal booksmtoitheaassemblymembersnregardings future construction needs of Central Peninsula Hospital., He introduced Ms. Vivian Risser acting administrator and Hob Jonsen, Board secretary. He described the i phase long range plan of the hospital board which includes the present addition of ancillary facilities to serve outpatients for emergencies and therapy, Phase 2 which will add space for obstetric and surgery areas and Phase 3 to providde additional bad space. He noted careful pslanningg fction or phasedtexpansionn3s3imperativyears to e. Reasonsforfacilities include rising population and changes being identified in health care demands. He reported the plan identifies 6$1 of the borough population is served by this hospital. A steady increase in days and facilities used is shown by a 304 occupancy rate in 1979 with 4S 1 in 1980 and thus for in 1981, a rise to 621. He stated special care rooms M KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING MINUTES OF MAY 19 1991 PAGE? 2 and birthing rooms are also needed in the near future as these are a a lack responsible for most of the patients lost to other hospitals. Assembly discussion questioned the order of the phases planned and the possibility of a new hospital. Mr. Harvey expressed appreciation for the time and work Mr. Mingen has devoted to this hospital and urged the assembly to read the report and be knowledgeable regarding hospital needs. (b) Mr. Murray Walsh Coastal Zone Management office, appeared in reply to correspondence with the Mayor following the assembly's resolution to repeal the Coastal Management Act. The similar Senato Bill 216 received much support in committee and an interim committee will be study- ing the programs local government response during the coming summer and fail. He reported the pormit process has been reduced to 2 catagoTies; Class I for a 30 day permit can be obtained over the counter without public notice. Class II will require public notice and require intor- sgency review but must be answered within 65 days. The consultant to the borough has submitted a rewrite of a coastal plan he would like to see approved. The CZM program was created by the legislature with the intent of solving some of the problems of local governments, not to burden them and is not a mandatory program. In response to questions he reported tho department is providing a study for the City of Kenai on a pclot basis to aid the wetlands problem. which can bei duplicated also are if desired. He noted the difficulty in getting programs approved by 4 federal agencies as well as state offices but real pro- gress has boon made in shortening the 401 certificate time which has taken a year to secdre in the past. He stated as a state agency the CZM has clout with the federal government that an individual or local government would not have. Mr. Sikorski expressed appreciation for the presentation and changes in policy and attitude he could see, as formerly he had been told the borough had no choice but to accept the controls it did not want. (c) Ms. Sherry MetlerI Longmere Lake area resident, reported having recently purchased a home near the access road being put in by the borough. Construction of the road was a complete surprise to her and she did not approve of the 100 ft. wide clearing that seemed unnecessary to a 24 ft. wide road. She objected to cutting the hill 4 to 6 ft. and the manner in which people in the area were contacted following her protest to the Public Works Dept. There was a discussion between Ms. Metler Mayor Thompson Engineer Conyers and assemblymembers during which it was determined the road is being built in response to a petition from residents of the area and it is still the consensus of the majority of residents the road should be built. Also that many accommodations had already been made by administration and staff to please residents and the work should not be held up further. (d) Mr. Scott Hammon stated the citizen subsidizes the borough, state and federal governments. The government can give surface rights to land to one party, mineral or water rights to another. He believed the primary purpose of CZM to be to get control of the air and water. 1. C031MITTEE REPORTS ? a Finance (no meeting) b Local Affairs (no meeting) e Public Works (no meeting) d State/Federal Legislative Affairs (no meeting) e School board Mrs. McGahan reported attending the May 18 meeting at which the board approved architect Harold Wirum for the Seldovia cafeteria, Anchor Point -2- t KENAI PENINSULA BOROUGH ASSFNBLY REGULAR MEETING MINUTES OF MAY 19: 1981PAGE 3 Elementary addition and a new East Road Elementary in Homer. It was also decided to add Nikiski (sic) Elementary modifications to the fall ballot issue. (f) Land Disposal Mr. Davis reported there were several resolutions on the agenda from the committee that he would address as they are considered. (g) Central Peninsula Hospital Mr. Harveyy reported the committee had been studying the relationship between tho assembly and the Lutheran Homes Society as managers of the hospital and Mr. Mingen had been very holpful in answering questions posed by the committee. He stated the next meeting is Wednesday, May 20 at noon and the public is welcome to attend; a list of changes the committee 0ouid like to see made will be conveyed to the Borough Attorney. J. ORDINANCE HEARINGS AND OTHER PUBLIC HEARINGS (a) Ord. 81.11 "Amending Section 16.06.020 and Section 16-05.030'of the Borough Code to Provide for an Elected Board for the Central Peninsula Hospital Service Area, and Amending Section 16.08.040 Relating to Minutes of the Board's Meetings, and Enacting Section 26.08.050 and Section 1S.08.060 Pertaining to Vacancies on the Board" Referred to Local Affairs following Hearing 3-17 Pros. Fischer stated he would allow further public hearing on the ordi- nance at this time. Mr. Jim Jelin, President of the Central Peninsula Hospital Service Area Board, reported the local board opposes Ord. 81.22 on the basis that the present system has worked very well. When a boardmember retires, he provides a list of 3 persons who are wit„ing to serve from his area and the Mayor makes the final choice with assembly approval. He reported a good representation of the area as well as of the professions. He believed the time and money involved in a election campaign and the disclosure required preclude many qualified poople'from running for office. As long as the board members are appointed by an elected official he could see no problem; if a member is found unsatisfacory for any reason the Mayor could remove him. Mr. Bob Jensen, Secretary of the CPHSA Board, recalled goats on the Homer hospital board were not all filled in the last election because of a lack of candidates. Mr. Anderson and Mr. Davis expressed now opposition to the -ordinance due to the experience of the Homer board and belief the assembly could keep tabs on service area boards to see they are responsive to the community they serve. Mr. Lounsbury reported speaWing to 4 doctors who stated they are satisfied with the appointed board. Mr. Sikorski %oko for the, elected board concept but noting positive results from the origin of the ordinance in greater public interest in the board. ASSEMBLYMEMBER DAVIS MOVED TO ENACT ORD. 81-11. ASSEMBLYMEMBER DIM!%1ICK MOVED TO AMEND ORD. 82.11 BY STRIKING THE PHRASE "at -large" IN THE STIR LINE OF SECTION 1 AND BY STRIKING THE SECOND SENTENCE FROM THAT SECTION AND INSERTING THE FOLLOWING: "The soots shall be designated alphabetically and one (1) seat shall be elected at large, four (4) seats shall be elected in Assembly •s- !r f G 1 I KENAI PENINSULA' BOROUGH ASSEMBLY REGULAR MEf:T1NG MINUTES OF MAY 19, 1981 PAGE 4 District 11, and four (4) seats shall be elected in Assembly District 111. All the expired terms and vacancies on the Board shall be filled at the next Borough election." MOTION PASSED, 12 YES TO 1 NO; Davis and Lounshury voting "No". VOTE WAS CALLED ON ENACTMENT AS AMENDED AND THE MOTION FAILED, 5 YES TO 9 NO; Brandon, Davis, Fischer, Glanville and Sikorski voting "Yes". (b) Ord. 81.12 "Making Technical Corrections to Section 27FM T of the Borough Code Regarding the Salary of the Borough Mayor" Referred to Finance Committee 2-27 The ordinance was read by title only as copies were available for the public. Public heating was opened and as no one wished to speak, was closed. ASSEMBLYMEMBER =01ICK MOVED FOR ENACTMENT OF ORD. 81-12 AND WITHOUT DISCUSSION THE ORDNANCE WAS DEFEATED BY A VOTE OF 8 YES TO 6 NO; Brandon, Davis, Lounsbury, McBride, McCloud and McGahan voting "No". (e) Ord. 81-28 "Amending Section 20.04.040 to Permit subdivision9 of 10 Acres or More Without Submission of a Plat" Postponed from 4.21 The ordinance was read by title only as copies were available for the public. Public hearing was opened. Mrs. Jean Douglas spoke in favor of the ordinance although she is not a largo landowner herself. She reported governments are interested in right of ways and getting roads in place but they are proceeding in the wrong direction. Without road powers or planning and zoning outside cities, right of ways on paper seldom mean very much and will not ndcos- sariiy be constructed according to plat. The borough does not guarantee plats and land owners should be able to decide if a survey is needed and where the roads should be placed. She believed the subdivision ordinance to be a "back door" approach to road powers and planning and zoning. Mr. Marvin Hansen, President of Alaska Society of Professional Land Surveyors, Homes, spoke in opposition to the ordinance stating in a letter as well that an orderly method for documentation of land convey- ances is certainly in the public interest, since it assists in eliminating the potential for erroneous descriptions, and boundary disputes. He believed the hours spent by the Planning Commission over a 2 year period to achieve the present subdivision ordinance it should not be drastically changed after so little consideration. He reported it is mostly with paper plats that planned roads have not been followed. Without a Plat. records for search of title would be impossible. lie commented the Planning Commission has used admirable discretion to allow all E ssible exceptions. He stated survey work would be gtoatly increased the ordinance and it is a shortsighted approach which is misleading e public. Mr. Norm McGahan, North Kenai, believed the ordinance to be beneficial and only could be improved by eliminating the subdivision ordinance entirely. He believed private property should not be subject to public regulations. Mr. Ken MCGahan, North Kenai, spoke in favor of thI ordinance stating the assembly was elected to cut back planning and toning. Reporting he homesteaded 160 acres, when patent was received -he found the federal govdrnment had kept the mineral rights and the state regulations affect the surface rights and water. Public hearing was closed as no ono else wished to speak. -4- 1 i r. �I El m KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING MINUTES OF MAY 19, 1982 .PAGE 5 Pros. Fischer asked that four lettors'in opposition to Ord. 81-28 be entered into the record from Bill Butler, President, Kachemak Bay Title Agency, Inc., Hilton Marchant, Prosidorit of Kenai Poninsula Borough of Realtors and Mr. Hanson, as noted above. The letters state the ordinance is not in the beat interest of the public and would be subject to much abuse and attending problems in the future while serving only a priviledged few. ASSEMBLYMEMBER MCGtHAN MOVED FOR ENACTMENT OF ORD. 81-28 AND TO AMEND BY DELETING THE STH AND 6TH "tiVHEREAS" CLAUSES. Mr. Anderson reported he had fought to have pprovisions for exceptions put into the subdivision ordinance to allow the Planning Commission to sot said e any part of the restrictions if sufficient cause is shown. He stated a plat is necessary to make absolutely clear what the subdivider intends to do with his property. Mr. Schaeformeyer reported as a City administrator he has had to deal with the results of paper plats when residents needed utilities and the costs are mind boggling because proper survey work has not been done. Mrs. McGahan believed the average citizen is not able to get the excep- tions Mr. Anderson has been able to receive and considered the restrictions to be unnecessary red tape. 30 acre parcels cannot be called a subdivi- sion yet the same rules apply. Mayor Thompson spoke in favor of the ordinance, stating the subdivision regulations are like other regulations; meant to help, but may not. Mr. Davis reported experience with roads and trails projects has shown right of way dedications will come when the people affected want the roads bad enough. It is the right of the individual to make a mistake. Mr. Wade believed the assembly should follow what the people affected want, not what a special interest group requests. He believed Mr. Anderson as a surveyor has a conflict of interest. Mr. Anderson objected to the challenge stating the assembly has already determined he had no conflict on this issue, also the effect would be to Increase not decrease his income in the long run, when problems developed. Mrs. McGahan stated the former challenge and vote on his conflict was at introduction of the ordinance and there was some question as to whether It would apply to introduction. Mr. Anderson then challenged all those having property of 10 acres or more to have a conflict of interest. VOTE WAS CALLED ON WHETHER TO ALLOW MR. ANDERSON TO VOTE ON ORD. 81.28 AND -THE MOTION FAILED 5 YES TO 8 NO; Davis, Lounsbury, McBride, McGahan and Wade voting to allow his vote. ASSOIBLYMEMBER HARVEY MOVED TO AMEND ORD. 81.20 TO READ,"Subdivisions of land into aliqquot parts of 5 acres or more ... '• (INSTEAD OF 10 ACRES) VOTE WAS CALLED AXD MOTION FAILED BY A VOTE OF 6 YES TO 8 110; Davis, Harvey, Lounsbury, McGahan, Sikorski and Wade voting "Yes,,. Mr. Sikorski asked to be excused for the remainder of the meeting. VOTE WAS CALLED ON THE MAIN MOTION AS AMENDED AND THE ORDINANCE WAS ENACTED BY A VOTE OF 9 YES-5 NO: ANDERSON, DIMMICK, FISCHER, McCLOUD AND SCHAEFERMEYER. (d) Ord. 81.36 "Pertaining to the Board of Equalization for Members of theoBoardand of Equalization" The ordinance was read by title only as copies were available for the public. Public hearing was opened and as no ono wished to speak, was closed. .5- I i KENAI PF.NINSULA.BOROUGH ASSEMBLY REGULAR MEETING MINUTES A1A1' 19, 1981 ASSEMBLYAtEMBER DAVIS MOVED TO ENACT ORD. 81-36 AND TIIE� "D" BY DELETING "meeting" AND ADDING AFTER "attended, i AND SECTION 2 TO READ, "This ordinance is retroactive t VOTE WAS CALLED ON THE AMENDMENT WHICH PASSED, it YES TO 2 NO; Dimmick and Wade voting "No". ASSEMBLYMEAISER McGAHAN MOVED TO DELETE SECTIOV D. VOTE WAS CALLED AND MOTION FAILED, 4 YES TO 9 NO; Dimmick, McBride, McGahan and Wade voting "Yes". VOTE WAS CALLED ON THE ORDINANCE AS AMENDED AND IT WAS ENACTED BY A VOTE OF 9 YES TO 4 NO; Dimmick, McBride, McGahan and Wade voting "No"... + (o) Ord. 81.40 "Appropriating Surplus Funds to the S OF PAGE 6 ' TO AMEND SECTION n its entirety" o January 1, 1981". KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING MINUTES OF MAY l9. 1981 PAGE 7 VOTE WAS CALLED AND RESOLUTION ADOPTED BY UNANIMOUS VOTE. (b) Res. 81.80 "Declaring the Wholehearted Support of the Assembly for House Bill 421 In the Twelfth Legislature of the State of Alaska Which Would Authorize Exclusion or Furthering Partial Exemption of Residential Property from Taxation" ASSEMBLYMEMBER DAVIS MOVED THE ADOPTION OF RES, 81-80. Mayor Thompson reported at the present time the borough is limited by the state to providing no more than $20,000 exemption. (c) Res. on-81("Urging the Alaska Legislature to Delete 00 0 2(A-E) Identification and Disposal of Municipal Entitlement Land, and Section 21 AS 40.25. 020 Amendment, from House Bill No. 3111 ASSEMBLYMEMBER DAVIS MOVED THE ADOPTION OF RES. 81-01 AND THEN TO AMEND TO ADD AS THE 3RD "WHEREAS", "WHEREAS, the assembly finds that the State of Alaska should be required to dispose of 100,000 acres annually; and" AND TO SECTION 1 END OF THE SENTENCE, "and to add a section to require the State to 41spose of at least 200,000 acres of State land VOTE WAS CALLED ON THE AMENDMENT WHICH WAS APPROVED BY UNANIMOUS CONSENT AND THE RESOLUTION WAS ADOPTED AS AMENDED BY UNANIMOUS CONSENT. (d) Res. 81.82 "Authorizing a Supplemental Cadastral survey of -Sections 28 and 19 of TBN, R17W and Section 13-and 24 of Tract A TBN. R18W, Seward Meridian, Alaska" ASSEMBLYMEMBER ANDERSON MOVED THE ADOPTION OF RES. 81-82 AND WITHOUT DISCUSSION IT WAS ADOPTED BY UNANIMOUS CONSENT. ASSEMBLYMEMBER ANDERSON GAVE NOTICE OF RECONSIDERATION OF ORD. 81-28 AT THE NEXT REGULAR MEETING. (a) Res. 82.83 "Importuning the University of Alaska to ont nue t e Homer Research Center as a Part of the University of Alaska Agriculture Experiment Stations, and Memorializing the State Legislature to Provide a Direct Appropriation if Necessary to Continue the Vital Work of the Homer Research Center" ASSEMBLYMEMBER ANDERSON MOVED THE ADOPTION OF RES. 81-83 AND IT WAS ADOPTED BY UNANIMOUS VOTE. (f) Res. 81-84 "Providing for the Exchange of.Rea1 srooperty letween the City of Seward and the Borough" ASSEMBLYMEMBER McCLOUD MOVED THE ADOPTION OF RES. 81.84 AND WITHOUT DISCUSSION IT WAS ADOPTED BY UNANIMOUS CONSENT. (g) Res. 81-85 "A Resolution Su porting a Grant or Special ppropr a ion to the Borough for the Use and Benefit of the Ridgeway Service Area for the Purchase of Fire Fighting Equipment and Related Facilities" ASSEMBLYMEMBER SCHAEFERMEYER MOVED THE ADOPTION OF RES. 81-85 AND WITHOUT DISCUSSION IT WAS ADOPTED BY UNANIMOUS CONSENT. UZ -. n KENAI PENINSULA' BOROUGH ASSEMBLY REGULAR MEETING MINUTES OF DUY 19, 1981 PAGE 8 (h) Res. 81-86 "Assigning Funds for Furnishings for the RlnTcFiTc i-and Nikolaevsk School Additions and Renova- tions Subject to the Assembly's Approval of Equipment Purchases Prior to the Encumbrance of Funds" ASSEMBLYMEMBER MCBRIDE MOVED THE ADOPTION OF RES. 81-86 AND WITHOUT DISCUSSION IT WAS ADOPTED BY UNANIMOUS CONSENT. (i) Res. 81-87 "Urging•the Passage of Senate Bill No. 289, c •rovides for the Construction of a State Trail System, and Requesting the Allocation of $3.5 Million to Be Used By the Borough for Construction of Bicycle and Ski Trails in the, North Peninsula Recreation SorvicV Area" ASSEMBLYMENBER BRANDON MOVED THE ADOPTION OF RES. 81.87 AND IT WAS ADOPTED BY UNANIMOUS VOTE. (j) Res. 81-88 "Authorizing the Purchase of Playground Equipment ' for the North Peninsula Recreation Service Area' ASSEMBLYMEMBER McGAHAN MOVED FOR ADOPTION AND WITHOUT DISCUSSION, RES. 81-88 HAS ADOPTED BY UNANIMOUS VOTE. (k) Funding Extension for Broadcasting of Assembly Meetings ASSEMBLYMEMBER MCGAHAN MOVED, UNDER THE ASSEMBLY'S AUTHORIZATION TO DUKE LINE ITEM TRANSFERS WITHIN ITS BUDGET. THAT $8,900 BE TRANSFER- RED FROM THE ASSEMBLY'S CONTINGENCY ACCOUNT No. 04.1110-7300,TO THE ASSEMBLY'S CONTRACT SERVICES ACCOUNT No. 04-1110.3400 TO FUND CONTRACTS WITH RADIO STATIONS KRXA (SEWARD), KQOK (CENTRAL PENINSULA), AND KGTL (HOMER), THROUGH JUNE 30, 1981. THESE CONTRACTS SHALL BE OFFERED TO THE ABOVE NAMED STATIONS AT THE RATE OF NO MORE THAN SISO.00 PER PROGRAM PLUS NO MORE THAN AN ADDITIONAL $200.00 PER PROGRAM TO THE STATIONS ORIGINATING AND MODERATING EACH PROGRAM. THE BOROUGH MAYOR SHALL CONDUCT ALL REQUIRE NEGOTIATIONS. MOTION WAS ,.PPROVED BY A VOTE OF 10 YES TO 2 NO; Anderson and Glanville voting "No", Davis "Abstain". L. PENDING LEGISLATION (no action) M. INTRODUCTION OF ORDINANCES (a) Ord. 81-47 "Providing for the Acquisition of Municipal owers ecessary to Provide Ports and Harbors, Wharves and Other Marine Facilities in the Borough Outside Cites" ASSEMBLYMEMBER McCLOUD MOVED THE INTRODUCTION OF ORS. PI.47 SETTING HEARING FOR JULY 7, 2981. ASSEMBLYMEMBER BRANDON MOVED TO AMEND TO REFER THE ORDINANCE TO COMMITTEE FOR STUDY AND TO HOLD HEARINGS. PRES. FISCHER STATED HE WOULD REFER IT TO THE PUBLIC WORKS COMMITTEE AND THERE WAS NO OBJECTION. ORD. 81-47 WAS SET FOR HEARING BY UNANIMOUS CONSENT. (b) Ord. 81-48 "Rezoning Lots 9-IS, Block 1, Kenai ownT— site - East Addition in the City of Kenai" ASS iBLYHEMBER DIM!,IICK MOVED THE INTRODUCTION OF ORD. 81-48 SETTING THE HEARING DATE FOR JUNE 16, 2981 AND THE MOTION IVAS APPROVED BY UNANIMOUS CONSENT. y .. r .-% KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING MINUTES OF MAY 19. 1981 PAGE 9 N. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON MATTERS NOT ON THE MEETING AGENDA (Moved to Item H) 0. MAYOR'S REPORT (a) Finance Report, April 2981 THE RECEIPT OF THE FINANCIAL REPORT FOR APRIL WAS ACKNOWLEDGED WITHOUT OBJECTION. P. OTHER BUSINESS (a) Petition of Redress - Payment of Taxes The petition from Richard and Kay Francis asked the assembly to provide a Constitutional remedy for payment of taxes in view of Art. 1, Sec. 10.1. Mr. Anderson read from Black's Law Dictionary a definition of legal tender as "that kind of circulating medium which the law compels a creditor to accept in payment of his debt" therefore in this case there is no complaint as they are paying the borough, not the borough paying them. Pres. Fischer stated he would with the assembly's concurrance refer the petition to the Finance Committee for study. Q. ASSEMBLY AND MAYOR'S COMMENTS Mr. Brandon believed the assembly should have more support of the radio broadcasts before funding additional time. Mr. Harvey disagreed believing the geographic conditions in this borough and widespread population make broadcasting meetings a worthwhile expense. Mr. Anderson stated the agenda order of business should be amended to allow persons who•gave prior notice to speak early but persons who walk into the meeting to speak later in the meeting. Mrs. McGahan asked if Phase iI of the hospital expansion is locked in and Mr. Hakert reported he would be bringing schematic drawings for assembly approval the second meeting in July. Mr. Schaefermeyer believed the passage of HB 31 is a result of confusion on the part of the iegislaturo as to what the borough's position is follow- ing eorrospondenco from Mayor Thompson on several issues. He hoped the Senate version is adopted. Pros. Fischer stated perhaps the assessment of property should occur only every 8 years instead of at 2 or 3 year intorvala so a person could know his assessment would not be raised for that length of time and pobsIbly at the end of 8 years the state would have eliminated property tax. Mayor Thompson asked Mr. Schaefermoyer to read his letter to the Municipal League regarding subdivision and disposal of land. R. PUBLIC COMMENTS Mr. Scott Hammon believed the state constitution is in conflict with the U.S. Constitution. Mr. Pete Harvey stated the voters mandated the kind of conservative Mayor and assembl;.that serves it and he wished to encourage their offorts. He also believed the voucher system failed because it was not supported by many like himself who believed in it but could not support it because of benefits he would receive. -9- j — - - - — -- KF%'AI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING MINUTES OF m AY 10 1981 PAGE 10 ' ` Mr. Tom Atkinson stated regarding radio broadcasting that the assembly should encourage private enterprise by soliciting sponsors of tho program. l He asked why the radio media should be subsidized. Mrs. Emily Cummins believed port and harbor authority and coastal manage- nont are schemes to carry out federal zoning. There has been no call - for development in these areas, funds have been spent in vain. Developers want the borough to have port and harbor authority in order to obtain tax exempt industrial bonds. S. INFORMATIONAL MATERIALS AND REPORTS T. NOTICE OF NEXT MEETING AND ADJOURNMENT Pros. Fischer stated the next meeting will be June 2, 2981 and this meeting adjourned at 12:40 p.m., action on legislation having ceased at 12 midnight. i - Date approved JuAe 2, 1991 i ATTEST: s��a���� yPresident •- uty orou work f f• ' t 1 r i 4 f. , N KENAI PENINSULA BOR011611 1+i"(;,,,vzw REGULAR ASSUMBLY MIIIiTING DUNE 2, 1981 ; 7:30 P.M. J(1'v �o 1,19�7 BOROUGH ADI•ITNISTRATION BUILDING SOLDOTNA, AI,ASKA city yK�NA1 -AGENDA - Page No. A. CALL TO ORDER 1 B. PLEDGE OF ALLEGIANCE 1 C. ROLL CALL 1 D. INVOCATION: Rev. Mike Minoguo, Assembly of God 1 E. SEATING OF NEW ASSEMBLYMEMBERS (none) 1 P. APPROVAL, OF MINUTES OF MAY 19, 1981 Regular and BOB OF MAY 12, 13, 19, 1981 1 Approved G. AGENDA APPROVAL 1 It. PUBLIC PRESESNTATION$ UPON MATTERS NOT CONTAINED IN Till'. ASSEMBLY'S AGENDA FOR TILE MEETING 2 I. COMMITTEE REPORTS (a Finance (McCloud McGshan, Anderson, Lounsbury 2 (b; Local Affairs (Sikorski, Schaoformoyor, Dimmicz, Harvey) 2 (c) Public ]Yorks (Brandon, Glanville, McBride) (d) State/Federal Legislative Affairs (]Fade, Crapu- J chottes, King) 2 (e) School Board (King, McGahan) 3 (f) Land Disposal (Davis, Sikorski, Harvoy) 3 (g) Central Peninsula Hospital (Harvey, Sikorski, Lounsbury, McGalian) 3 (h) Special Committee (voucher syst) Fischer, Anderson, Glanville) 3 J. ORDINANCE HEARINGS AND OTHER PUBLIC HEARINGS (a) Ord. 81-15 "Providing for the Acquisition of Munict- pa-i�F of -wore Necessary to Provide Streets and Sidewalks and Related Public Facilities and Services in the Borough Outside Cities" (Fischer) 3 Postponed (b) Ord. 81-37 (Amended) "Appropriating Funds for Fiscal ear 1981-32 for the Kenai Peninsula Borough" (Mayor) 3 Enacted as • amended (c) Ord. 81-38 Amended) "Making Approrriations for Fiscal Year-3� - to All Service Areas tVithin the Kenai Peninsula Borough" (Mayor) 5 Enacted (d) Ord. 81-39 "Making Appropriations for Accrued Annual .eavi o 11-ab-illty at June 30, 1981" (Mayor) 5 Enacted (o) Ord. 81-43 "Making Technical Corrections to the Borough a e'—i s Iiix Ordinanco and Providing for Reduced Penalties for Delinquency of Small Accounts" (Mayor) 6 Deleted (f) Ord. 81-44 "Rezoning Lot 2, Blk. 1, Lakoside Village J l,u c v TMon City of Homer, from Residential (R) to Commercial (C) District" (Mayor for Plan. Comsn.) 6 Enacted I L - AGENDA FOR DIIN11111S 0I' .1116, 2, 1981 page No. (g) Ord. 81-45 "Appropriating Nunds and Authorizing a !iota` Source Rikdiographic and I'louroscopic Equipmont for the Central Peninsula Iospital from the Balance of Unappropriated Funds from the Issuance of Bonds Approved by the Voters of the Service Area at tho Borough Election of Oct. 2, 1979" (Mayor for CPI1B) 6 Enacted K. CONSIDERATION OF RESOLUTIONS (a) Ros.' 81-89 "Setting the Rate of l.ovy for Real and Persona froporty Taxes for the Konal Peninsula Borough and for Service Areas Within the Borough for tho Tax Year 1981" (Mayor) 6 Adopted (b) Res. 81-90 "Determining and Declaring that the Exist- ing- ssem Sy Apportionment of 1981 Moots the Standards of tho United States Constitution Based on the Federal Census of 1980" (Fischer) 6 Adopted (c) Ros.•81-91 "A Resolution Opposing the Proposed Reappor- � oinmont�lan Submitted by the State Reapportionment Board" (Davis) 7 Adopted (d) Res. 81-92 "Amending Resolution 80-100 in Order to Ad- ust Sufa-rios Set for Certain Borough Staff Department leads and Other Exempt Personnel" (Mayor) 7 Defeated Cc) Ros. 81-93 "Opposing the Exchange of State Lands for orta n Privately Owned Lands Adjacent to the Clam Gulch Way Side" (McBride) 7 Withdrawn (f) Res. 81-94 "Authorizing the Acquisition and Purchase oT-T-Row and Improved Toldphono System for the Central Peninsula Hospital. Service Area (Mayor for CPHSB) 7 Adopted (g) Res. 81-95 "Accepting the Recommendation of the Borough Planning commission to Solicit Proposals for the Lease and Development of a Soptage Treatment Facility on Certain Borough Owned Lands Near Soldotna, Alaska" 7 Defeated • w/Rocon. (h) Ros. 81-96 "Ratifying a Collective Bargaining Agree- men�ntt ietween the Borough and the Borough Employees AssocRelating to Terms and Conditions of Employment for Fiscal Year 1981-82" (Mayor for KBEA F, Nego. Team) 8 Adopted (i) Res. 8147 "Exprossing the Assembly's Appreciation fo a�Teath for Her Excoptional Services in the Cause of the Economic Development of the Borough" 8 Adopted (j) Res. 81-98 "Approving the Borough School Board's MelectS`on of Ilarold Wirum G Assoc. as Architects for Proposed Pro acts at East Homer, Anchor Point, Soldovia" (Mayor 8 Postponed L. PENDING LEGISLATION (a) Ord. 81-2 No action (b) Ord. 81-25 No action (c) Res 81-58 No action (d) Ord. 81-47 No action (a) Ord. 81-48 No action r-- r�rirrr;�rii,iw t AGENDA FOR MINUTES OF JONI, 2, 1981 faro No. (f) Ord. R1-28 "Amonding Suction 20.04.040 to Pormit Sub- -% JW14:lons of 10 Acres or Moro Without Submisslon of a Plat" (onactod 5.19 w/Recousidoration 6-2) 9 Not Rocon. M. INTRODUCTION OF ORDINANCES (a) Ord. 81-49 "Enacting Sections of Ch. 1.20 of the Bor- ough Codo of Ordinances Pertaining to School Districts, School Buildin s and Design, Construction and Equip- mont" (McGahanf 9 Sot for Hear. Am. (b) Ord'. 81-50 "Amending KPB 20.20.050 and KPB 20.20.110 Porte n ng to Access Requirements to Lots on Major Streets, and Street Width Requirements" (Anderson) 9 Sot for Hear. Am. N. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON MATTERS NOT ON THR MELTING AGENDA 9 None 0. MAYOR'S REPORT (a) Road Service Area Petitions; small roads w/in Subds. 9 (b) Emergency Medical Service - 6 precincts 9 (c) Proposed Cook Inlot South of Kenai River Oil and Gas 10 Lease Sale; Invitation to Comment . P. OTHER BUSINESS Q. ASSEMBLY AND MAYOR'S COMMENTS 10 R. PUBLIC COMMENTS 10 S. INFORMATIONAL MATERIALS AND REPORTS 10 T. NOTICE OF NEXT MEETING AND ADJOURNMENT (Mooting Juno 16) 11 5 i . . 11 KENAI PENINSULA BOROUGH MINUTES d117 Till? RUGULAR ASSEMBLY PlliETING JUNE 2, 1981; 7:30 P.M. BOROUGII ADMINISTRATION BUILDING SOLDO.1'NA, ALASKA A. CALL. TO ORDER { The mooting was called to order by Pros. Fischor at approximately 7:30 p.m. B. PLEDGE OF ALLEGIANCE - C. ROLL CALL, PRESENT: Assomblymembors Davis, Dimmick, Fischer, Glanville, Harvey, King, Lounsbury, 11cBride, McCloud, McGahan, Schaeformoyor, Sikorski, Wade, Anderson; Mayor Thompson, Admn. Asst. Best, Atty. Sarisky, Finance Director Barton, Public Works Director ilakort, Assessor Thomas, Borough Clerk Brymer ABSENT AND EXCUSED: Assemblymombors Brandon and Crapuchottos D. INVOCATION The invocation was given by Rev. Mike Minogue, Assembly of God church, Soldotna. 0 E. SEATING, OF NEW ASSEMBLYMEMBERS (none) F. APPROVAL OF MINUTES OF MAY 19, AND BOB MINUTES OF MAY 12, 23, 19, 1981. Mrs. McGahan requested corrections to Page S of the minutes of Mayy 19 to show the final vote on Ord. 81-28 and to clarifyy the vote on Mr. Mar amendment. The minutes of May 19, and the BOB Alinutos of May 12, 23, and 19, were approved with the May 19 minutes to be corrected. G. AGENDA APPROVAL. Pres. Fischer repported there has boon a request from the administration to ' delete Ord. 81.43 from the agenda and republish it for hearing on Juno 16. Mr. Anderson requested revising the agenda to discuss Res. 81-92 following Res. 81-98. Mr. McBride withdrew Res. 81-93 asking it be placed on the following agenda. Mr. Anderson requested Item L(f), Reconsideration of Ord. 81-28, be moved i;. to Item H. He noted if the ordinance is reconsidered there are approxi- mately 15 people who wish to speak regarding it. Mr. Davis objected to the agenda chango stating there would be no one speaking to the ordinance as public hearing has been closed. Mr. Anderson reported many of the people gave notice prior to the cutoff --- date for the agenda preparation and should be allowed to speak. Mrs. McGahan also voiced objection stating the reconsideration is on the action by the assembly, not of a public hearing. Also the motion has w. not been made for reconsideration and the reconsideration has not passed. She added that Item N is for Formal Presentations with Prior Notice Upon Matters Not On the hooting Agenda and the public should speak at that time unless the matter is reconsidered first. Mr. Anderson commented the item 1.9 on the agenda and he wished to move Item L(f) to If o these people could speak at this time,, if Ord. 81-28 •� is to be reconsidered, otherwise they can go Dome. -l- 7 KENAI PENINSIJI,A 11OR01101 A.",SEM111.Y REGULAR MEETING MINUTFS Oil 11INI1 2, 1981 _ I'AGI 2 The Chair stated since there has bcon objection, a vote would be taken on Nholding Mr. Anderson's request to move the Item. (11JUSTION WAS CA1,1,11D 0 'fill: MOTION FAILED BY A VO'1'1i Oil 0 Y11S TO 8 NO; Dimmick, McCloud, Schaefermeyer, Wade, Sikorski and Anderson voting "Yes". AS 111?RI! 1111R1'. NO OT111:R CHANGNS, THE AGENDA WAS APPROVED AS AMUND11D. 11. PIIIII.IC PRESENTATIONS UPON MATTERS NOT CONTAINED IN Tllll ASSEMIILY'S AGENDA FOR Tlll1 MEETING Mr. nave Keating requested permission to speak regarding, the assombly's actions. Pros. Fischer ruled he could speak as long as it did not relate to agenda items. Mr. Keating reported he wished to speak to the assembly's actions on Ord. 81-28. Mrs. McGahan objocted to Mr. Keating speaking to Ord. 81-29. Mr. Keating reported he wished to speak to the irresponsible actions of the assembly on Ord. 81-28. Mr. Sikorski reported the ordinance has already boon hoard and is not again before the body for public hearing and he did not believe the enacted ordinance should appear on the agenda unless it is brought up for recon- sideration. , Mr. Anderson stated Mr. Davis contends the people cannot speak to the ordinance because this is not a public hearing and Mrs. McGahan contends they cannot speak prior to it because it is on the agenda. If they can't speak when its up or not up when can they speak on it? Pros. Fischer stated there are three other places on the agenda where they may speak. It will come up.under Pending Legislation or it can come up under Formal Presentations with Prior Notice on Matters Not on the Agenda, or under Public Comments. MrKeating stated he wished to speak on the action taken two weeks ago which passed. He wished to discuss the reconsideration and the action previously taken. Pros. Fischer roquostod Mr. Keating wait until the atom comes up later on the agenda. He ruled a presentation at this time would be out of order. Mr. Anderson appealed the ruling of the Chair. Pros. Fischer stated an affirmative vote will mean agroomont with Mr. Anderson, a "No" vote will agree with the Chair. QUHSTION WAS CALLED AND THE MOTION FAILED 8Y A VOTE OF S YHS TO 9 NO; Dimmick, King, McCloud, Sikorski and Anderson voting "Yes". I. COMMITTHE REPORTS (a) Finance. Mr. McCloud reported the committee discussed Ordinances 81-37, 81-38, 81-39 and 81-43 and Resolutions 81-89, 81-92 and 81-96 and recommended passage ofall of them. (b) Local Affairs. Mr. Sikorski reported the committee has not mot. (c) Public Works. Mr. Glanville roported meeting with the Econimic Development Council regarding Ports and Harbors and no decision has been made on the time for public hearings. Other items wore discussod with the J Borough Engineer. The Committee recommended postponement of Ord. 81-15 and Res. 81-98 until the next meeting and recommonds passage of Resolutions 81-94 and 81-9S. -2- W KENAT PUNINS1I1A 11OR01101 A8811.11ILY REGULAR MI!UTING M1N1111'!; Ali JUNIN219R1 PAGE 33_^_..— (d) State/Federal Legislative Affairs. Mr. Wado reported the committee has not mot. (c) School Board. Mrs. McGahan reported the board is meeting tonight. (f) Land Disposal. Mr. Davis reported the committee has not mot. (g) Contra] Peninsula Ilospital. Mr Harvey reported the attorney is rewriting, the contract with the Lutherans and will have a draft available for the Juno 17 meeting of the board. (h) Special Committee (voucher system) Mr. Fischer reported the committee will moot at a later date. J. ORDINANCE 1111ARINGS JOID OTHER PUBLIC 11EARINGS (a) Ord. 81-15 "Providing for the Acquisition of Municipal moors ccossary to Provide Streets and Sidewalks and Related Public Facilities and Services in the Borough Outside Cities" (Fischer) The ordinance was road by title only as sufficient copies wore available for the public. Public roaring was declared open. Speaking from the public were Mrs. Betty Warren and Jim Jacobs who urged passage of the ordinance so the borough can derive benefit from state funds for road improvements. Mr. Jacobs commented that if the maintenance function is acquired the borough would not necessarily have to perform the service, but could contract it with private enterprise. As no one else wished to speak, public hearing was closed. f"1 ASSLMBLYMEMBER HcGA11AN MOVED FOR ENACTMENT AND THEN MOVED TO AMEND TO i DELETE REFERENCE TO "SIDEWALKS AND RELATI.10 FACILITIES" PROM TIIE TITLE, DELETION OF "maintain" FROM PARAGRAPH 3, DUUTi: "sidewalks" FROM .SECTION 1 AND ALSO DELETE TRANSFER FROM CITIES FROM SECTION 1. Mr. Sikorski objected to amendments being made before the Local Affairs Committee has hold public hearings and presented its recommendations. ASSUMBLYMEMBER SIKORSKI MOVED TO POSTPONE ACTION UNTIL THR COl1MITTEE HAS HELD HEARING AND MAUE REC01%IMENDATIONS AND THE MOTION PASSED BY A VOTE OF 12 YES TO 2 NO; Anderson and Dimmick voting "No". (b) Ord. 81.37 (Amended "Appropriating Funds for Fiscal Year f991-82 for t o Kenai Peninsula Borough" (Mayor) The ordinance was road by title only as copies were available for the public. Public hearing was declared open. MrsBetty Warren, a member of the Kenai Players' Council on Aging and Chairman of the Governor's Advisory Committee on Aging, spoke in favor of funding the Senior Citizen activities in the borough. In 1980 the Kenai Center served over 427 persons and so far in 1981 that number has been surpassed. She road from the Dept. of Revenue Sharing Bulletin which states Senior Citizen centers are to be notified of revenue sharing, monies in conducting any hearings or procoodings roquired under this act for the allocation of monies. Pago 3 of the Bulletin reports senior citizens are entitled to share in this money. The total amount asked by the three centers she has knowledge of is $18,S00. As no one else wished to speak, public hearings was closed. -3- i _— -ems___--__—._.--�—__... � -t _ �_ __ _ _ _ ._ _.� -,. -_ --•- -- P ��- . _ _ _ _ ,__. T . _ ��_ __ KENAI PENiN`iULA BOROUGH AS.SHiBLY REGULAR MEETING MI?III'T1: 1U1 _11N 6-- a9A1 ._ --- - _ MAGI: •1 Memo from Finance Director Barton reports four requests received from Senior Citizens' organizations for federal revenue sharing, funds are as i follows: Nonni $12,000, Seward $9,000, homer 1020,000 and ?41t►ilchik $16,550. ASS11M1bY1-tE?MBER McGAIIAN HOVER TO ENACT AND T1111N TO AMEND ORD. 91-37 TO iNCLUDE T'IHi RECOMMENDED AMOUNTS BASED ON 'fill! POPULATION FORABILA PRESENTED BY ADMINISTRATION AS FOLLOWS: $12,000 Kenai, $2,500 Seward, $4,000 honor and $2,100 Ninilchik. ASSEMBLYMEINDHR McC1.0111) MOVED TO AMEND THE AMOUNTS TO $12,000 Kenai, $9,000 Seward, $20,000 Homer, and $16,SSO Ninilchik. Till; AMEND11•11:141, PAILED BY A VOTE OF S YES TO 9 NO; Diminick, HcBrido, McCloud, Schaefermoyor, and Anderson voting "Yes". Pres. Fischer relingqnished the gavel to the Vice President and stated the distribution accordin to population penalizes the smaller areas and par- ticularly :Ninilchik has which start tip costs. HE MOVED TO PROVIDE, A BASE FIGURE OF $10,000 FOR l?ACiI OF T'11E FOUR GROUPS AND ADD 'fill; POPULATION PERCENTAGE ON TOP SO THAT KENA I WOULD GET $ 22, 000 , SEWARD $12 , 500 110f 1ER , $14 000 AND NINILCHIK $12,100. THE AMENDMENT PASSED UNANIMOUSLY AND T1111 McCARAN AaiENDMENT AS AMENDED PASSED UNANIMOUSLY. Mr. Davis returned the, gavel to the Chair. ASSEMBL.YMPIND1311 MCCLOUD MOVED TO AMEND T11E OP.DINANC: TO INCLUDE $18,000 FOR ' TWO FOUR-WHERL DRIVE VEHICLES FOR MAINTENANCE AND THi: MOTION WAS UNANIMOUS- LY APPROVED. ASSEMBLYMEMBER MCCLO11D MOVED TO AMEND SECTION 1 OF THE ORDINANCE BY INCREAS- ING THE GENERAL FUND APPROPRIATION BY $1,710,000 UNDER TIIE TITLE OF TAX CREDIT'S. T1111 TOTAL GENERAL. FUND APPROPRIATION IS AME'IDED TO $15,070,513 AND ADDING A NEW SEC'''..JN 7 TO READ: "The sum of $1,710000 appropriated In the General Fund entitled Tax Credits shall be utilizod as a tax credit of 30% of the tax amount on each property tax account of the Kenai Peninsula Borough for tax your 1981." ALSO CHANGE THE FORMER SECTION 7 TO SECTION 8, AND CHANGE SECTION 8 TO SECTION 9. THE MOTION WAS UNANIMOUSLY APPROVED. ASSEMBLYMEMBER DIMMICK MOVED TO ADD TO PERSONNEL SERVICES ON PAGE 41 01, THE BUDGET THE SUM OF $50,235 POR A SENIOR PLANNER. THE MOTION FAILED BY A ' VOTE OF 3 YES TO 11 NO; Dimmick, McCloud and Schaoformoyor voting "Yes". ASSEMBLYMEMBER SCHAEPHRMEYER MOVED TO AMEND PAGE 40 (d) TO ADD FOLLOWING "AREAS" IN THE LAST SENTENCE THE WORDS "and to all first class cities" FOR CLARIFICATION. IN THE FIRST PARAGRAPH DELETE "Technical assistance in planning and zoning to cities is assumed to be eliminated as in adminis- tration of city zoning ordinances." UNANIMOUS CONSENT WAS ASKED AND GRANTED. ASSEMBLYMEMBER DAVIS MOVED TO CHANGE THE TOTAL FIGURE ON PAGE 35, ASSESSING ADMINISTRATION, FROM $366,961 TO $100,000; Page 37, APPRAISAL, REDUCE TIIE TOTAL. FIGURE OF $223,754 TO $30,000; PAGE 39, ASSESSOR DRAFTING, REDUCE T11E TOTAL FIGURE OF $79,441 TO $20,000. , Mr. Davis stated this provides a considerable decrease to the Assessing Dept. One of the biggest complaints the public has is that assessments are too high. Personally, he couldn't care loss if nothing was assessed for the next 10 years. i In reply to questions regarding the length of time between reassessing,, Atty. Sarlsky reported the statutes rotor to a rensonnble time and the J borough has placed tiee assessments on a three year cycle. Mr. McCloud reported the budget,worksossion w:o:; hold sometime back and wondered why Mr. Davis did not indicate then he intended to make such substantial cuts to the budget. ( -4- F rj KFNAI I'HNINSIMA. 11( HOUGH ASSLM111.Y RI;GUTAlt MI;I;'I'1N(i MINUTES Oil JUNI1 219H1 ...- . .. _._ r�_� . _....PAGE 5_®,�_ Pic. Sikorski. commented if this is the way the assembly fcols the borough t 1 t di ce to roe•:scan on a 10 car c clo however he shoulc han ive o1 nuu was not surd this yr wag the right way to accomplish at is intended. Mr Schaefermcyer opposed the amendment stating it has not been well thought out as there in lot: more at stake than appears on the surface tonight. Ho stated there will be ramifications to the cities and service areas in tiro borough who depend upon the borough for assessing and tax levying information. QUESTION WAS CALLED AND Till! AMEND-MENT FAILIID BY A VOTE OF 6 YES TO 8 NO: 11avi9, Fischer, liarvey, King, McGahan and Wade voting "Yes". ASSE1111LYMEMBER SCHARPERMEYER MOVED TO AMEND PAGE 17.6 TO ADD TO SENIOR PLANNIlIt THE, RASE AMOUNT OF 300 HOURS OVERTIME WHICH WAS INADVERTENTLY OMITTED FROM THE: BUDGET. THIS SUM COVERS T'H11 MEETINGS AND HEARINGS WHICH 11"11 TO 911 ATTENDED BY VARIOUS PEOPLE IN 'fill! DEPARIMENT. THE TOTAL AMOUNT WOULD lip, $1016f1S. MOTION FAILED BY A VOTE Oil S YES TO 9 NO; Dimmick, McBride, McCloud, Schaeformoyor and Anderson voting "Yes". ASSUMBLYMEMBER MCCLOUD MOVED TO AMEND PAGE 226 TO INCREASil TIIE AMOUNT' OF OVERTIME HOURS TO 400 HOURS, 1111ICH WOULD BE AN ADDITION OF $21,300; MOTION' PASSED BY A VOTE OF 9 YES TO S NO; Fischer, Harvey, King, McGahan and Wade voting "No". *ASSEMBLYMEMIIER HARVEY MOVED TO REDUCE THE RUDGET BY DEi,13TING TWO APPRAISERS FROM Till'. ASSESSING D11PT. ON PAGE 37, THE AMOUNT' BEING $77,000. ASSEMIILYMEMBER ANDERSON MOVED TO TABLE THE SUBJRCT AND Till! MOT1014 FAILED BY A VOTII OF 4 YIiS TO 10 N0; Dimmick, Schaoformeyor, Sikorski and Anderson voting "Yes". QUESTION WAS CALLED ON Till! HARVEY AMP,NP%IPNT AND THE MOTION PASSED BY A VOTE OF 9 YES TO S NO; Dimmick, McBride, McCloud, Schooformeyer and Anderson voting "No". *RECONSIDERATION - soo Itom Q. Q!IHSTION WAS CALLED ON THE MOTION TO 1114ACT ORD. 81-37 AS AMENDED AND I'llE MOTION PASSED BY A VOTE OF 10 YES TO 4 NO; Dimmick, McCloud, Schaeformoyor and Anderson voting "No". (c) Ord.'81-38 (Amended) "Making Appropriations for Fiscal Yoor"i'1iAf'$'i� to all Service Areas Within the Kenai Peninsula Borough" (Mayor) The ordinance was read by title only as sufficient copies were available for the public. Public hearing was declared open and as no one wished to speak was closed. A$S1?*1BI,YNEMBER McCLOUD MOVED TO ENACT ORD. 81-38 (At1EKDED) AND Till, MOTION PASSED BY A VOTE OF 13 YES TO 1 NO; King voting "No". (d) Ord. 81-39 "Making Appropriations for Accrued Annual YWa—ve`ifn'iility at June 30, 1981" (Mayor) The ordinance was read by title only as sufficient copies wore available for the public. Public hearing was opened and as no one wished to speak, was closed. ASSEMBLYMCMER McC1.01111 MOVH11 FOR ENACTSIHINT' OF OIID. 81-39 AND I'll)" MOTION I'ASS1,11 UNANIMOUSLY. -S- KENAI 11ENINS11LA 11OR011011 ASSI:MISLY 101,II111.Alt MlAiTING MINIIT'IiS OF (o) Ord. 81-43 (Doluted from agenda) (,) Ord. 81-44 "Rozoning Lot 2, Block 1, Lnkesido Villago :�uTiiliTsion, City of Ilomer, from Residential (R) to Commercial (C) District" (Mayor, ro(j. Plann.ial; Comsn.) 'rho ordinance was read by titio only as copies were availablo for the public. Public huaring was opeuod and as no one wished to speak, was closed. ASSRIBIXIEM8111t ANDEItSON MOVED TO ENACT ORD. RI.44 AND WITHOUT DISCUSSION THE ORDINANCE WAS UNANIMOUSLY ENACTED. (g) Ord. 81-45 "Appropriating Funds and Authorizing a Solo yourco 1fa' 1ographie and Flouroscopie Equipment for the Central Poninsula Iigspital from the Balance of Unappro- + printed Funds From the Issuanco of Bonds Approvod By the Voters of the Service Area at the Borough Eloetton of October 2, 1979" (1•tayor for CPHB) The ordinance was road by title only as copies were available for the public. Public hearing was opened. >Ir. James Jolin Board President referred to his letter to the assembly dated April 24 In which he explained the need for the radiographic and flouroscopic equipment for the hospital. He reported the certificate of need has boon approvod and the Board is anxious to proceed as the present equipment is over 30 yours old. He answered numerous questions regarding ' the equipment and urged enactment of the ordinance. Public hearing was closed. ASSEMBLYMEMPER nIMMICK MOVED TO ENACT ORD. 81-45 AND THE MOTION PASSED UNANIMOUSLY. K. CONSIDERATION OF RESOLUTIONS (a) Roo. 81-89 "Setting the Rate of Levy for Real and oP`rsona- 7roporty Taxes for the Kenai Peninsula Borough and for Service Areas Within the Borough for the Tax Year 1981" (Mayor) ASSEMBLYMEMBER McCLO11D MOVED THE ADOPTION OF RES. 81.89 AND THE MOTION FAILED BY A VOTE OF 8 YES TO 6 NO; Dimmick, Fischer, King, Lounsbury, McBride and Schaoformoyer voting "No". FOLLOWING A BRIEF RECESS, MR. DAVIS MOVED TO SUSPEND THE RULES FOR I111CONSID- ERATION OF RES, 81-89,' THE MOTION PASSED BY A VOTH OF it YES TO 3 NO; Dimmick, Schaeformoyor and Anderson voting "No". ASSI:bIBLYMEMBER DAVIS MOVED FAR IMMEDIATE RECONSIDERATION OF RES. 81.89 AND THE MOTION PASSED BY A VOTE OF 12 YES TO 2 NO; Dimmick, Schaoformoyor voting "No".--- ASSL'MBLYMEMBER DAVIS MOVED FOR ADOPTION OF RES. 81-89 AND THE MOTION PASSED BY A VOTE OF 12 YES TO 2 NO; Dimmick and Schaeformeyor voting "No". (b) Rog. 81-90 "Determining and Declaring that the Existing 7CsTRWIy Wpportionmont of 1981 Meets the Standards of the United States Constitution Based on the Fedoral Census of 1980" (Fischer), ASSEMBLYMF.MBIIR SIKORSKI MOV0 FOIL ADOPTION OF ICES. 81-90 AND THE. MU'PION i PASSED BY A VOTE. OF 13 YES TO 1 NO; Dimmick voting "No". •6- y TA w — _ -_- --- ow- - 9 KHNAI PUNINS11LA BOROUGU ASSEMBLY REGULAR MEETING MINUTES OF DUNE 2 1981 �..�.... ___ TT __, PAGE 7_��_ (c) Ms. 81.91. "A Resolution Opposing, the Proposed Reupportion- iucil't-17fa`n�hubmitted by the State Itcapportionment 11ourd"(Davis) ASSHMBLY1-11!MBIiR DAVIq MOVED POR ADOPTION OF 111i5. 81-91 AND THE RESOLUTION WAS ADOPTED BY A 11 YES TO 3 NO VOTE; Dimmick, Fischer, and Schaoformoyor voting "No". (d) Ros. 81-92 "Amending Resolution 80-100 in Order to Adjust .a a�Trres .Set for Certain Borough Staff Department Iloads and Other Exempt Porsonnol" (Mayor) ASSEMBLYMI:M11HR Dli%R.IIC1( MOVED FOR ADOPTION OF RES. 81-92 AND THE MOTION FAILED BY A VOTE OF 4 YES TO 10 NO; Dimmick, McCloud, Schaeformeyer, and Anderson voting "Yes". (e) Res. 81.93 WITHDRAWN (f) Res. 81-94 "Authorizing the Acquisition and Purchase of a * and -Improved Telephone System for the Central Peninsula Hospital Service Area" (Mayor for CPHSB) ASSEMBLYHEMSER DI141ICK MOVED FOR ADOPTION OF RES. 81-94 AND WITHOUT DISCUSSION THE RESOLUTION WAS UNANIMOUSLY ADOPTED. (g) Res, 81-95 "Accepting the Recommendation of the Borough P'"lanni»i—Commission to Solicit Proposals for the Lease and Development of a Septage Treatment Facility on Certain Borough Owned Lands Near Soldotna, Alaska" ASSEMBLYMEMBER DAVIS MOVED FOR ADOPTION OF RES. 81-95. Pros. Fischer reported a three minute presentation will be allowed to members of the public. Mr. Chuck Rosor stated the proposal for the lease of the particular land noted in the resolution is being appealed. The hearing has been scheduled for June 16. Mr. Best reported the appeal concerns the Planning Commission action on the noxious, injurious and hazardous use clause. The Commission's findings were that the septage facility was not a noxious, or hazardous use at this particular site following the findings of the DEC. Those people arc appeal- ing the decision of the Commission. Tito Public Works Dept. has an amendmcnt that would probably satisfy the concerns of the individuals involved in the appool. The borough is proceeding with advertising and receiving of bids in the event the assembly decides in favor of the Planning Commission. Mr. Best reported Mr. Glanville has the amendment to present. ASSEMBLYMEMBiiR GLANVILLE READ THE PROPOSED AMENDMENT WHICH STATES, "While the passage of this resolution is not construed as sustaining action by the assembly in favor of the Planning Commission's decision and while thoso decisions are to be reviowed by the assembly and under the appeal process on June 16, 1981, it is the desire of the assemblyy to see the extent of the septage disposal proposal at thb time of. It the appeal." Mrs. Coral Alien stated she understood the appeal would stop any action on the resolution. She opposed any action on No resolution pending hearing of the appeal. As no one wished to speak, public presentations were closed. ASS11MULYMTi INER GLANVILLE MOVED TO AMEND THE 11111SOLUTION BY ADDING SECTION 3, 11111CII WAS PREVIOUSLY ItEXI) INTO-1,111: Itli(:l)1t11. -7- I I I I .. " C 1, KI:NAI 111"N I N811LA BOR01101 ASSI!?MLY 16:6111,Alt MinaING M!"NUTI ; Oil JItNI? 219R L� ..M._ _...._ �.._ .._ _. PAGE R Mr. Sikorski objected to proceeding with such an amendment as It .is not clear and simple and from the public's standpoint it appears the assembly Is going through the motions of bcaring the appeal whon tho d-rhoion has already been made. Ile also objected as he has not had time I:u investigate the objections and a two week delay would not deter tho proceedings. ASSEMBLYMEMBIlit SIKOItm MOfi:D '1't) POSTPONE ACTION UNTIL ,IUNII 16. Mrs. Dimmick believed it to be a mistake to adopt the resolution ns Mr. Bost has stated before the appeal process takes place, administration would like to have the proposals so they would know what they are dealing; with, which sounds as though the borough will palm off any complaints it receives on the person lousing the property. Mr. Harvoy agreed that this is not the way to proceed, as previously the assombly has stated it would not deal with the soptag;o waste problem, but would leave it to private enterprise. Mr. Anderson reported private enterprise has come to the borough for assis- tanco in getting a site on which to handle the septage waste. QUESTION WAS CALLED ON POSTPONEMENT ►RICH FAILED BY A VOTE; OF 6 YES TO 8 O; Lounsbury, King, McCloud, McGahan, Sikorskt and Wade voting "Yes". ASSEHBLYMEMBER DAVIS MOVED TO TABLE THE RESOLUTION AND THE MOTION FAILED BY A 7 TO 7 VOTE; Davis, Harvey, Lounsbury, McGahan, Sikorski, Wade, Andor- son voting "Yes". hQUESTION WAS CALLED ON ADOPTION OF RES. 81-9S AND THE MOTION FAILED BY A VOTE. OF b YES TO 8 NO; Davis, Glanville, King, Anderson voting "Yes". "RECONSIDERATION - Soo Item•Q (h) Res. 81-96 "Ratifying a Collective Bargaining Agreement Between t e Borough and the Borough Employees Association Relating to Terms and Conditions of Employment for Fiscal Year 1981-82" (Mayor for KBEA and negotiating, team) ASSEMBLnIEMBER DI%JICK MOVED FOR ADOPTION OF RES. 81-96 AND WITHOUT DISCUSSION THE RESOLUTION WAS ADOPTED BY A VOTE OF 13 YES TO 1 NO; Davis voting "No". (1) Res. 81-97 "Expressing the Assembly's Appreciation to azo Bath for Her Exceptional Services in the .Cause of the Economic Development of the Borough" (Mayor) ASSEMBLYMEMBER DAVIS MOVED THE ADOPTION OF RES. 81-97 SUBSTITUTE WHICH IS ON THE TABLE. TONIGHT. UNANIMOUS CONSENT i4AS ASKED AND GRANTED. (j) Ros. 81.98 "Approving the Borough School Board's o ect on of Harold Wirum & Assoc. as Architects for Proposed Projects at East Homer, Anchor Point, Soldovia" ASSEMBLYIEMBER GLANVILLE MOVED TO ADOPT RES. 81-98 AND THEN MOVED TO POST- PONE ACTION UNT1L DUNE 16 IN ORDER TO ALLOW TIIP SCHOOL DISTRICT -ADMINISTRA- TION TI14H TO RECONSIDER IIR. WIRUM AS ARCHITECT. Till! POSTPONEMENT PASSED BY A VOTE OF 13 YES TO I NO; King voting "No". ' L. PENDING I.EGISLATION (a) through (e) No action. -8- K11NAT PENINSIILA kt11dlMIGIl ASSEMBLY REGULAR MEETING MINUTP`+ Of' JUNli 2, 1981 PAGE 9 (f) Ord. 81.28 "Amending Section 20.04.040 to Permit Subdivisions of`i11 hems or More Without Submission of a Plat" Mr. Anderson road portions of the statute which indicate the ordinanco is In direct violation of those statutes. ASSR"1il,Yt EMBER ANDERSON MOVED FOR 11ECONSIDPRATION 01, ORi). 81.-28 AND THE MOTION FAILED BY A VOTE OF 5 YES TO 9 NO; Di.mmick, Fischer, McCloud, Schaeformoyer and Anderson voting "Yos". Noted for the record was the opposition expressed by Homer Planning Commis- sion and Homer City Council. M. INTRODUCTION OF ORDINANCES (a) Ord. 81-49 "Enacting Section of Chapter 1.20 of the oreug .odo of Ordinances Portaining to School Districts, School Buildings and Design, Construction and Equipment" ! ASSEMBLYMEMBER MCGAIIAN MOVED TO SET ORD. 81-49 FOR HEARING JULY 7. ASSEMBLYMEMBF.R HARVEY MOVED TO AMEND SECTION 1(B) AT THE END OF THE PARA- GRAPH ADD: ", members of the public or advisory school boards may also propose names or name changes." THE AMENDMENT AND THE MAIN MOTION AS + AMENDED PASSED UNANIMOUSLY. (b) Ord. 81-50 "Amending KPB 20.20.050 and KPB 20.20.110 Forte n ng to Access Requirements to Lots on Major Streets, and Street Width Requirements" ASSEMBLYMEMBER ANDERSON MOVED TO SET ORD. 81-SO FOR HEARING JULY 7 AND THPN MOVED TO AMEND 20.20.110D (marginal Access 40 feet) AND AMEND THE LAST PARAGRAPH TO "...a building sot back of at least 70 foot". THE AMENDMENT AND THE MAIN MOTION PASSED UNANIMOUSLY. N. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON MATTERS NOT ON THE MEETING AGENDA 0. MAYOR'S REPORT (a) Road Service Areas. The Mayor reported the borough has received 4 petitions requesting road improvements and maintenance from subdivisions in the borough. The Ciork's memo to the petitioners states rejection of the petitions because the assembly has enacted Ord. 81-26 requiring all road service at -vas to coincide with precinct boundaries. it is presently expected that ordi.nnncos to propose service areas to include entire precincts will be introduced June 16 with public hearing July 21. (b) Proposed Emergency Service and Ambulance Service Area. The Mayor stated a petition has been received to provide the above servicos within i the precincts of Tustumona, Kalifonsky, Sterling, Ridgeway and Soldotna 1 and 2. The borough does not currently provide emergency medical services in these precincts. The city also does not directly exercise those powers, but contract with the Soldotna Volunteer Pire Dept. provides coverage. Before the City could be included it would have to transfer its powers to provide such services. Mr. Thompson recommended the assembly accept the petition and include all precincts except Soldotna 1 and 2 until such time as the City requests inclusion and the transfer of power. If the assembly proceeds to formation of this service area an ordinance would have to be Introduced by July 21 with hearing August 18. In addition the assembly should hold an additional hearing on the proposal prior to introduction of the ordinance. Ile suggested June 16 as the possible date for this hearing. -9- e KRNAI 11PNINS111,A MR1111I;11 A8,` ??1111.Y 1411,1I11.AR ME11TINC MINII'T!, (V (c.) Proposed Cook Inlet south or Konnl River, Oil and Cas Lease Salo, Invitation to Comment. Puhlle hearing June 4, 7 p.m. Assembly Room. ,rho Mayor reported on the letter in the packet regarding the proposed lease Salo and suggested those who are interested should attend and give testimony or suggostions. ASSEMBLYMP01111 DIAIMICK MOVED TO -SUSPEND THE RIILP,S REGARDING Till! MIDNIGHT CURPEW. 1114ANIMOUS CONSENT WAS ASKED AND GRANTED. ASSEMBLYMIiMBER 1)1 91= MOVED THE ASSEMBLY FAVORS LEGISLATIVE FUNDING FOR THE TWO HOSPITAL SERVICE AREAS AND REQUESTS THE MAYOR TPANSMIT THIS RECOtd- HENDATION TO THE- LEGISLATURE. UNANIMOUS CONSENT WAS ASKED AND GRANTED. P. OTHER BUSINESS (none) Q. ASSEMBLY AND MAYOR'S C0*11INTS (a) Mr. Schaofermoyor gave notice of Reconsideration of Res. 81-95 for Juno 16 meeting. (b) Mr. McCloud gave notice of Reconsideration of Res. 81-92 and that portion of Ord. 81-37 which deals with the deletion of two appraisers in the Assessing Dept. Mr. Fischer ruled the budget is adopted, and Recon- sideration of the appraisers will be the only consideration. (c) pros. Fischer approved excused absences for Messrs. Brandon and Crapuchottos. (d) fir. Lounsbury proposed a letter of reprimand to those legislators in Juneau who sanctioned terrorist activities. (e) Mr. Anderson expressed dismay at the insult the people received who wished to speak to Ord. 81-28. He could not believe the assembly could onact legislation in violation of state statutes. (f) Mrs. McGahan discussed reconsideration as sot forth in Mason's Manual, questioned the need to lease borough Sands for septic waste sites and also questioned why architects for schematic designs are approved beforo•.the decision has been made to build a school. (g) Mr. McCloud commented that budget workshops are for discussion of the various budgeted items and that is the time budget cuts should be brought out. The cuts made tonight are way out of lino and will impose hardships to the borough and the cities. (h) Mr. Sikorski reported the Local Affairs Committee will hold public hearing on road powers on Juno 9, 1981; 7:30 p.m., Assembly Room. (1) Mr. Fischer reported the assumption of road powers should be a decision of the people. Speaking to the septic waste land lease, he believed such a site at that particular location is not the best use for the land. It should have boon in the last lottery as it should he sold, not leased. This creates a subsidy by leasing to private enterprise. R. PUBLIC COMMENTS (a) Mr. Scott Hammon urged the assembly to take into consideration the unincorporated areas of the borough. [go believed cities are different from the rural areas and require more regulations. People moved to those areas to got away from regulations. S. INFORMATIONAL MATERIALS AND REPORTS -10- . KLNAI 1 LNINSIt1.A ROItOItGlI A5S1.MiRI,Y I01CItl.Alt MPHTING'MINUTIUS Oil JUNH ,2_1_ 1981 _ _ _ _ _ PACII 11 T. NOTICE: OF NEXT MPUTINC AND ADJOURNMENT Mr. Fischer reported the next meeting will he Juno 16; 1981 at 7:30 p.m. This mooting adjourned at 12:25 a.m. Date approved_ June 2 1981 f ATTUST: ssom y Ps o ou �k i g 4 -11- KENAI IIE,n;;SULA Ctlk0116,11 ,=/ F-0 RPGUI.AR ASSEMBLY MEETING .:,; .• •--, JUNK 16. 1931; 7:30 P.M. 00ROUG11 ADM I1 I STRAT I O`! 11011.1)I NG SOLDOI60 TA, ALASKA av r.,ty Cr �•+ Assembly A. CALL TO ORDER Crapuchettos B. PLEDGE OF ALLEGIANCE Davis Dimmick C. ROLL CALL Glaanvilviiie D. INVOCATION: Rev. Roy Moore, Mt. Redoubt Baptist Church HariKing oy E. SEATING OF NEW ASSEMBLY MEMBERS (none) Lounsbury McBride F. APPROVAL OF MINUTES OF PREVIOUS MEETINGS (Juno 2, 1981) McCloud McGahan 0. AGENDA APPROVAL Schaoformeyer Sikorski N. PUBLIC PRESENTATIONS UPON MATTERS NOT CONTAINED IN THE Wade ASSEMBLY'S AGENDA FOR TILE MEETING Anderson Brandon I. COMMITTEE REPORTS (a) Fin anco (DtcCloud McCahan, Anderson, Lounsbury) b Local Affairs (Sikorski, Schaeformoyer, Dimmick, Ifervey) (c) Public Works (Brandon, Glanville, McBrido) • (d.) State/Federal Legislativo Affairs iWado, Crapuchettes, King) o School Board (King, McGahan) f Land Disposal (Davis, Sikorski, Harvey) g Central -Peninsula hospital (Ilarvey, Sikorski, Lounsbury, McGahan) (h) Special Committee (voucher syst)(Fischer, Anderson, Glanville) J. ORDINANCE. IIEARINGS AND OTHER PUBLIC HEARINGS (a) Ord. 81.48 "Resoning Lots 9-1S, Block 1, Kenai Tounsite - as tion in the City of Kenai" (Mayor for P.C.) (b) Ord. 81-43 Substitute "Reenacting Section 5.16.260 of the oroug t Loco of 0' 01nnances to Clarify the Maximum Penalty for Delinquent Sales Tax Accounts" (Mayor) K. CONSIDERATION OF RESOLUTIONS (a) Res. 81.99 "Providing for the Broadcasting of Regular and poc a jssembly Meetings and Transferring Funds" (McGohan) (b) Res. 81.102 "Approving a Contract With ,Ability Surveys to yrovido'%r Survey of a Public Road Easement Across State finds, for Control Aerial, Photographic Panels, and for the Production of a Contour Topographical Map" (Mayor) (e) Res. 81.103 "Approving the Award of a Contract for the onstruct on of the Murwood Drive Local Service Roads and Trails Project'to Central Alaska Construction" (Mayor) (d) Res. 81.104 ",approving a Contract with McLane and Associates o er orm Construction, Survey and Staking on the Murwood Drive Local Service Roads and Trails Project" (Mayor) (a) Res. 81.10S "Providing for the Design for Reconstruction of a Bridge ,cross Resurrection River as Part of the Local Service Roads and Trails Program" (Mayor) (f) Roo, 01.106 "Amending the Budget f3r,Survey of the Base 9653 Edcal-Servico Roads and 'trails Project" (Mayor) (g) Res. 81-107 "Authorizing the Expenditure of $8,943 for the Rop"air oU_F- ro Apparatus of the Nikiski Fire Department" (Mayor) 9 (h) Res. 81.108. "Awarding a Contract for the Seward Elementary c ooGym Floor Rofinishing Project to Russ's Construction Company" (Stayor) i (i) Res. 81-109+ "Ratifying an Emergency Contract Entered Into By j the NoRT'eninsula Recreation Service Area Board for the Repair of an Existing Well at the North Peninsula Recreation Service Area Pool" (Mayor) 1 (j) Res. 81-110 "Awarding a Contract for the Drilling of a i ac•up well at the North Peninsula Recreation Service Area Pool" (Mayor) (k) Res. 81-112 "Awarding a Year to Year Contract for the Main- tonan�tho Kenai and Soldotna Landfills for a Period of Five Years to Robinson Construction Company, Subject to an Annual Appropriation of $383,710" (Mayor) (1) Res. 81-112 "Awarding a Contract to Murray/Bradloy, Inc. For t e esign and Publication of a Business and Industrial Brochure" (Mayor) (a) 'Res. 81-115 "Amending the Central Peninsula Hospital Contract w tG.T.A. Architects to Provide for the Design of Additional Hospital, Bed Facilities" (Mayor for-CPHSAB) (n) Res. 81-126 "Approving the Borough School Board's Selection of W. J. lenstein, Architect for Proposed Projects at North Kenai Elementary School Additions" (Mayor) L. PENDING LEGISLATION (a) 'Ord; 81-15 "Providing for ,the Acquisition of Municipal Powers Necessary to Provide Streets and Sidewalks and Related Public Facilities and Services in the Borough Outside Cities" (Fischor) (Postponed following public hearing to 7-7) ; (b) Res. 81-92 "Amending Resolution 80-200 in Order to Adjust n ab' arl $et for Certain Borough Staff Dopartmont Heads and Other Exempt Personnel" (Defeated 6-2 with Reconsideration) (c) Ros. 81-93 "Opposing the Exchange of State Lands for Certain r v�'i"afTOwned Lands Adjacent to the Clam Gulch tiny Side" (McBride (Nithdrawn by sponsor fpr 6.16 agenda) i (d) Res. 81-9S "Accepting the Recommendation of the Borough anFf gg ommission to Solicit Proposals for the Lease and Development of a Septage Treatment Facility on Certain Borough -Owned Lands Near Soldotna, Alaska" (Failed w/Region.) (e) Res. 81.98 "Approving the Borough School Board's Selection of Harolddrum g Associates as Architects for Proposed t Projects at East Homor, Anchor Point, and Soldovia' (Postponed to 6-16) (f) Ord. 81-37 "Appropriating Funds for Fiscal Year 1981-82 for e Kena Peninsula Borough" (Enacted w/Region. 6-2) (g) Ord. 81.2 "Delegating Municipal Planning and Zoning Powers � To`Cit (,iayor) Ref LAC for Hearings in August) (h) Ord. 81-25 "Providing for Family Choice in Education by the Establs Went of a Voucher System for the Distribution of the Local Share Education Funds" (Glanville) (Spec. Committee) ----- __- .. - - -- --- .- f• ' •• (i) Ord. 81.4i "f,rov:Wing for the A,.n:,isiiion of Municipaowet3 •oeaaaary to Provide Ports and slashers. Wharves, and Other Marine Facilities in the Borough Outside Citios" (slows 7-7) Q) Ord. 81.49 "Enacting Section of Ch. 1.20 of the Borough Code o z nances Pertaining to School Districts, School /-1 Buildings and Design, Construction and Equipment" (float 7.7) (k) Ord. 81-SO "Amending KPB 20.20.050 and KPB 20.20.110 • erta n ng to Access Requirements to Lots on Major Streets, and Street Width Requirements" (Anderson) (float 7-7) M. INTRODUCTION OF ORDINANCES (a) 'Ord. 81-51 "Authorizing Transfer of Title to Tract D. Nu -slope as a ownsite, to Hope, Inc. for Use as a Cometary" (Mayor) .(b) Ord. 81-S2 "Establishing the Anchor Point Election Precinct oa ory ce Area and Providing for an Election" (Mayor) (e) Ord. 61-53 "Establishing the Bear Crook Election Precinct va Service Area and Providing for an Election" (Mayor) (d) Ord. 81-S4 "Establishing the Cooper Landing Election Precinct i oad Sorvlco Area and Providing for an Election" (Mayor) (e) Ord. 81-SS "Establishing the Diamond Ridge Election Precinct Road Service Area and Providing for an Election" (Mayor) (f) 'Ord. 81 S6 "Establishing the English Bay Election Precinct oa ory cc Area and Providing for an Election" (Mayor) (g) Ord. 81-S7 "Establishing the Fritz Creek Election Precinct oR R berv%o Area and Providing for an Election" (Mayor) •Ch) Ord. 81-S8 "Establishing the Halibut Cove Election Precinct Road ory ce Area and Providing for an Election" (Mayor) ''. (i) 'Ord. 81-59 "Establishing the Hope Election Precinct Road - ery co Area and Providing for an Election" (Mayor) Q) ''Ord. 81-60 "Establishing the Kalifonsky Election Precinct i oa ory ce Area and Providing for an Election" (Mayor) i, (k) 'Ord..81-61 "Establishing the Mooso Pass Election Precinct a Service Area and Providing for an Election" (Mayor) k Cl) era. 81-62 "Establishing the Nikiski i Election Precinct -go-adery co ARea and Providing for an Election" (Mayor) f (a) ' Ord. 81-63 "Establishing the Nikiski 2 Election Precinct 11333 Hervice Area and Providing for an Election" (Mayor) (n) Ord. 81-64 "Establishing the Niniichik Election Precinct oa ory cc Aroa and Providing for an Election" (Mayor) (o) Ord. 81-6S "Establishing the Port Graham Election Precinct loadbory cc Arco and Providing for an Election" (Mayor) (p) Ord. 81-66,"Establishing the Ridgeway Election Precinct goad ory ce Area and Providing for an Election" (Mayor) 4 (q) Ord. 81-67 "Establishing the Soidovia Election Precinct a ery ce Area and Providing for an Election" (Mayor) Cr) Ord. 81-68 !'Establishing the Sterling Election Precinct a ery cc Area and Providing for an Election" (Mayor) E'. i iC, 1 (s) Ord. 81-69 "Establishing the Tustumona Election Precinct ou 3ervico Area and Providing for an Election" (Mayor) (t) Ord. 81-70 "Establishing the Tyonok Election Precinct oa ery ce Area and Providing for an Election" (Mayor) (u) Ord. 81-71 "Amending Chapter 20 of the Borough Code of ' r nances Providing for an Informed Consent from All Persons Upon Whom Abortions Are to Be Performed At the C Borough Service Area General Hospitals, or Other Borough Public Facilities" (Fischer) N. FOMIAL PRESENT.ITIONS WITH PRIOR NOTICE UPON MATTERS NOT ON THE MEETING AGENDA 0. MAYOR'S REPORT (a) Finance Report (b) Economic Developmefit Report (c) Memo 81-LIS Res. 81-68 RE Craft Severance of Fire Fighters (d) Memo RE Appointments to Planning Commission P. OTHER BUSINESS Q. ASSEMBLY AND MAYOR'S C%01ENTS R. PUBLIC COIOIENTS S. INFORAUITIONAL MATERIALS AND REPORTS T. NOTICE OF NEXT MEETING AND ADJOURNMENT (July 7, 1981) Y . I 66W I � . - ff-- ---- - - C*1 Dvm., A "Ov -� M w .41