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1985-05-21 Council Packet - Work Session
Kenai City Council Work Session May 21, 1985 Engineering Contract Awards Airport Leases Landscape Ordinance Shift Differential Pay M.A.P. Project r CITY OF KENAI "O,il G'aP ',al o� �4144a„ I 210 FIOALGO KENAI, ALASKA 80811 TELEPHONE 983 - M6 ' NOTICE OF WORK SESSION i Addendum Updated agenda for the Council work session scheduled for Tuesday, May 210 1985: 1. Selecting Engineering Contract Awards 2. Car Rental and Charter Plane Leases in Airport Terminal Building 3. Ord. 1037-85 - Landscaping Ordinance 4. Ord. 1038-85 - Shift Differential Pay 5. M.A.P. Project 2�,Yt1� Janet Whelan City Clerk DATED: May 16, 1985 ' I r { R I:. p i. �1 'i -j, -1 { t ✓ 1 v � w . y w y • _ � I 1 f ' r CITY OF KENAI G2apdai 4 4"00' 210 FIOALSO KENAI, ALASKA 99611 TELEPHONE 293.7535 May 17, 1985 MEMORANDUM TO: or Wagoner and Kenai City Council FR Rogers, City Attorney 1 ommuter Airline and Rental Car Agency Leases Attached please find the followings 1. Current SouthCentral Air lease and amendment extending effective date of lease through June 30, 1985. 2. Copy of first page of other commuter airline leases (balance of lease is identical to SouthCentral Air lease). 3. Current Hertz lease and amendment extending effective date of lease through June 30, 1985. 4. Copy of first page of other rental car agency leases (balance of lease is identical to Hertz lease). 5. Letter from Vern Lofstedt of SouthCentral Air with attachment from Rick Baldwin, Counsel for SouthCentral Air. TR/dg Attachments i f I � • , r I 1, CRY A1TORMY CITY OF KENAI rofox W •ENAL ALASKA 99611 M 1539 F. LEASE OF AIRPORT FACILITIES BOQK&ElP THIS AGREEMENT, entered into this &/ day of June, 1903, by and between the CITY OF KENAI, City linllt P. O. o x 58p, Kenai, Alaska 99611, a home-rulod municipal eorpornt�0 u Alaska, hereinafter called "City", and SOUTHCE:NTRAL Alti, INC., P. 0. Box 4324, Kenai, Alaska 99611, hereinafter called "Lessee". That the City, in consideration of the payments of ttirunts and performance of all the covenants heroin contained by tin Lessee, does hereby demi# and lenaa to the Lougee the fo11 wing described property in the Kona Recording Diatriet, State ntq Alaska; to wits Office space and ticklet counter space, first floor, Terminal Building, Kenai Muncipol Airport no preaontly occupied A. PURPOSE: The purpose for which the Louuu to auuueu ias Office space and ticket counter space for pannon or transportation by air and related functions of aircraft operations/ticket sales B. TERMs The term of this Lease is for 1 your and 1-1/2 months, commencing on the 16th day of May, 1983, to the 30th day of June, 1984. C. RENTAL PAYMENTS The rental specified heroin shall be payable as followas 1. Right of entry and occupancy in authorized no of the 16th day of May, 1983. 2. Rental for the period May 16, 1983 through June 30, 1983 shall be computed at $1.10 per square foot per month for 116 square feet of counter space, plus $1.00 per square foot per month for 290 square feet of office space, for a total of $657.72, including tax for this 1-1/2 month period. Rental for the period July 19 1983 through June 309 1984 shall be computed at $1.25 per square foot per month for 116 square feet of counter space, plus $1.15 per square foot per month for 290 square feet of office space, plus 15% of the abo e rentals as a baggage room and equipment use fee, for a total ©� $69903.30, including tax for this 12 month period. If the annual rent exceeds $2,4009 then the Lessee may opt at the time of the execution hereof or at the beginnin of each new Lease year to pay rent in equal monthly inotnllmoU s, payable in advance on or before the first day of July and on or before the first of each month thereafter. 3. In addition to the rento specified above the Lessee agrees to pay to the appropriate parties oil lev�es, assessments, and charges as hereinafter provideds (a) Sales tax now enforced or levied in the future computed upon rent payable in monthly installments whether rent in paid on a monthly or yearly basis. (b) Interest at the rate of eight percent (8%) por annum and ten percent (10%) penalties of any amount Of money owed under this Loose which in not paid can or before the date it becomes due. 1 LF;SSORs LKSSE:E: s Ii I, BOOC PASago 0. GENERAL COVENANTS: 1. USESs Except as provided herein, tiny regular uue of lands or facl=iaa without the written consent of the City is prohibited. Thio prohibition shall not apply to use of areas designated by the City for tipecified public uses, such no passenger torminals, automobile parking groan, and strnoto. 2. USES NOT CONTEMPLATED PROHIBITEDs Solicitation of donations or the promo on or operation oany part or kind of business or commercial enterprise, other than ua apocifically set forth herein, upon, in or above airport lands, without the written consent of the City la prohibited. 3. ASSIGNMENT OR SUBLETTING: Lessee with City's written consent, which will not be unreasonably denied, may assign, in whole or in part, its rights as Lessee hereunder. Any asaignee of part or all of the leased premises shall assume the duties and obligations of the Loonse as to such part or all of the leased promises. No such assignment, howevort will discharge Losses from its duties and obligations hereunder. 4. COSTS AND EXPENSES: Costs and expenses incident to this lease, Including but not limited to, recording costs shall be paid by Lessee. 5. TREATMENT OF DEMISE: The Lessee agrees to keep the premises clean and in good ord or at its own expense, allowing no domege, waste, nor destruction thereof, nor removing any material therefrom, without written permission of the City. At the expiration of the term fixed, or any sooner determination of the Lease, the Losses will peaceably and quietly quit and surrender the premises to the City. 6. PAYMENT OF RENTS Checks, bank drafts, or postal money orders shall be ma a payable to the City of Kenai and +•" delivered to the City Administration Buildinq, Kenai, Alaska. 7. CONSTRUCTION APPROVAL AND STANDARDSt Building construction shall be neat and presentable and compatible with its uses and surroundings. --- -� 8. DEFAULT RIGHT OF ENTRY: Should default be made in the payment of any portion of the rent or fees when due, or in any of the covenants or conditions contained in the Lease or in any regulations now or hereinafter in force, then in such event the City shall by written notice give Lessee thirty (30) days to cure ouch default or defaults, after which if the default is not cured, the City may terminate the Lease, reentor and take p0000juion or thf� prrsmiur)fs, and r1imove, al.] version» therefrom. ? 9. LEASE UTILIZATION: Leased space shall be utilized for purposes within he scope of the application (made a part of this Lonna and attached hereto) the terms of the Loose, and in conformity with the ordinances of the City and Borough, and in substantial conformity with the comprehensive plan. Utilization j or development for other than the allowed uues shall constitute a violation of the Lease and subject the Lease to cancellation at j any time. 10. CONDITION OF PREMISES: The premiseo demioed <' �:nr Arrop►�tr �i it hertsln are unimproved and are eaued on tin sa in, where is j CITY OF KENAI ' 181 AW t t 11111 L LSSEL s 1:I1Y A1109FAY MY Of KENA► a r,. 0) • l•IAI AIASKA 1/MI I 2811151W 11. OFFER TO LEASE ACCEPTANCE: The offer to laaee is made oubject to application lawn an requlntions of C tY nd may be withdrawn without notice at any time after thirty3�5 �ays from submioeinn thereof, unless within such thirty (30) days the Lessee executes and returns the lease to the City. 12. UNDERLYING TITLE: The interests transferred, or conveyed by this Lease are 6—ub7oct to any and all of the covenants, terms, or conditions contained in the instruments conveying title or other interests to the City. 13. RIGHT OF INSPECTION: City shall have the right at all reasonable times Fo en er a premises, or any part thereof, for the purposes of inspection. 14. INSURANCE: Leonee covenants to save the C? harmlosa from a ac ons, suits, liabilities, or damages resulting from or arising out of any acts of commission or omission by the lessee, his agents, employees, customers, invitoes, or arising from or out of the Lessee's occupation, or use of the premises demised, or privileges granted, and to pay all costs connected therewith. In this connection, the Lessee agr000 to arrange and pay for all the followings (a) Public liability insurance protecting both the City and its officers, employees, and agents and the Lessee, such insurance to be evidenced by a certificate showing the insurance In force. The amount of such public liability insurance shall have limits not less than those known as $500,000/$1,000,000/$250,000. (b) Lessee agrees to carry employer's liability insurance and Workmen's Compensation insurance, and to furniah a certificate thereof to the City. (c) Insurance contracts providing liability insurance and Workmen's Compensation shall provide for not less than thirty (30) days written notice to the City of cancellation, expiration, or substantial change in policy conditions and coverage. (d) Lessee agrees that waiver of subrogation against the City shall be requested of Lessee's insuror, and shall be provided at no cost to the City. (e) Cross Liabilitys It Is understood and agreed that the insurance afforded by this policy or policies for more then one named Insured, shall not operate to increase the limits of the company's liability, but otherwise shall not operate to limit or void the coverage of any one named insured as respects claims against the same named insured or employees of such other named insured. (f) The insurance procured by Lessee as herein required shall be issued in the name of the Lessee and the City and the officers, employees, and agents of the City by a company licensed to do business in the State of Alaska, and shall contain endorsements that (1) such Insurance many not be cancelled or amended with respect to the City without thirty (30) days written notice by registered or certified mail to City by the insurance company; and (2) Lessee shall be solely responsible for payment of premiums and that City shall not be required to pay any premiums for such insurance. I' NJ CITY ATTORNEY I CITY Of KENAI n o sox xo �ENA1 ALASKA 99611 2831539 C UQ 4 15. COLLECTION ON UNPAID MONIES: Any or all rents, charges, fees, or other consideration which are due and unpaid at the expiration of voluntary or involuntary termination or cancellation of this Lease, shall be a charge against the Lessee and Lessee's Property, real or personal, and the City shall have such lien rights as are allowed by law, and enforcement by distraint may be made by the City or its authorized agent. 16. LEASE SUBORDINATE TO FINANCING REQUIREMENTS: Lessee agrees -that City may modify this Lease to meet revised requirements for Federal or State grants, or to conform to the requirements of any revenue bond covenant. However, the modification shall not act to reduce the rights or privileges granted the Lessee by this Lease, nor act to cause the Lessee financial loss. 17. SURRENDER ON TERMINATION: Lessee shall, on the last day of the term o !s Lease or upon any earlier ter- mination of this Lease, surrender and deliver upon the premises into the possession and use of City without fraud or delay in good order, condition, and repair, except for reasonable wear and tear since the last necessary repair, replacement, restoration or renewal, free and clear of all lettings and occupancies unless expressly permitted by the 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 buildings, improvements and building equipment shall automatically vest in City without requirement of any deed, conveyance, or bill of sale thereon. However, if City should require any such document in confirmation hereof, Lessee shall execute, acknowledge, and deliver the same and shall pay any charge, tax, and fee asserted or imposed by any and all governmental units in connection herewith. 18. RULES: Lessee shall observe, obey, and comply with all applicable rules, etc., of the State or Federal Governments. 19. AIRCAAFT OPERATIONS PROTECTED: (a) There is hereby reserved to the City, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface and all improvements approved by the City of the premises herein conveyed, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft, now or hereafter used for navigation of or flight in the air, using said airspace for landing at, taking off from, or operating on the Kenai Airport. 20. RIGHT TO ENJOYMENT AND PEACEABLE POSSESSION: City hereby agrees and covenants that the Lesseet upon paying refit and performing other covenants, terms, and conditions of this Lease, shall have the right to quietly and peacefully hold, use, occupy, and enjoy the said leased premises, except that any inconvenience caused by public works projects in or about the leasehold premises shall not be construed as a denial of the right of quiet or peaceable possession. 21. LESSEE TO PAY TAXES: Lessee shall pay all lawful taxes and assessmen o which, during the term hereof may become a lien upon or which may levied by the State, Borough, City, or any other tax levying body, upon any taxable possessory right which Lessee may have in or to the property by reason of its use or 4 LESSOR: LESSEE: 1- i i r 80GK4224AGE �; occupancy or the terms of this lease, provided however, that nothing herein contained shall prevent Lessee from contesting any increase in such tax or a-�,!assment through procedures outlined in State statutes. 22. SPECIAL SERVICES: Lessee agrees to pay City a reasonable charge or any special services or facilities required by Lessee in writing, which services or facilities are not provided for herein. 23. NO PARTNERSHIP OR JOINT VENTURE CREATED: It is expressly understood a e City Shall not be construed or held to be a partner or joint venturer of Lessee in the conduct of business on the demised premises; and it is expressly understood and agreed that the relationship between the parties hereto is, and shall at all times romain landlord and tenant. 24. DEFAULT BANKRUPTCY, ETC.: If the Lessee shall make any assignment or the benetit o creditors or shall be adjudged a bankrupt, or if a receiver is appointed for the Lessee or Lessee's assets, or any interest under this Lease, and if the appointment of the receiver is not vacated within thirty OU) days, or if a voluntary petition is filed under Section 18(a) of the Bankruptcy Act by the Lessee, then and in any event, the City may, upon giving the Lessee thirty (30) days' notice, terminate this lease. 25. NONDISCRIMINATION: The Lessee, for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land, that: (a) No person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities; (b) In the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation, denied the benefits of, or otherwise be subjected to discrimination; (c) The Lessee shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally -assisted Programs of the Department of Transportation -Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended; (d) In the event facilities are constructed, maintained, or otherwise operated on the said proper�v described in this Lease, for a purpose involving the provision of similar services or benefits, the Lessee shall maintain and operate such facilities and services in compliance with all other requirements imposed pursusant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally -assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil CaYATTOONEr Rights Act of 1964, and as said Regulations may be CITY OF KENAI amended. voerrW .ENAI ALASKA W611 5 2831539 LESSOR: LESSEE: d J r .E CI111 A110214:Y CITY OF KENAI v 0 Bair W) •iPjAl ALASXAKJMI 783 1579 Mp-�-]Flp �f 26. PARTIAL INVALIDITY: If any term, provision, condition, or part of thla Lease is declared by a court of competent jurisdiction to be invalid or unconstitutional, the remaining terms, provisions, conditions, or parts shall continue in full force and affect as though such declaration was not made. 27. MODIFICATIONS: No lease may be modified orally or in any manner other than y an agreement in writing, signed by all parties in interest or their successors in interest. Any such modification shall require Council approval. 28. WARRANTY: The City does not warrant that the property which Ts-1- a subject of this Lease is suited for the use authorized herein, and no guarantee is given or implied that it shall be profitable or suitable to employ the property to such use. 29. COMPLIANCE WITH LAWS: Lessee shall comply with all applicable laws, ordinances, and regulations of public authorities now or hereafter In any manner affecting the leased premises or the sidewalks, alleys, streets, and ways adjacent thereto or any buildings, structures, fixtures and improvements or the use thereof, whether or not any such laws, ordinances, and regulations which may be hereafter enacted involve a change of policy on the part of the governmental body enacting the same. Lessee agrees to hold City financially harmless: (a) From the consequences of any violation of such laws, ordinances, and/or regulations; and (b) From all claims for damages on account of injuries, death, or property damage resulting from such violation. (c) Lessee further agrees it will not permit any unlawful occupation, business, or trade to be conducted on said premises or any use to be made thereof contrary to any law, ordinance, or regulation as aforesaid with respect thereto, including zoning ordinances, rules, and regulations. 30. CARE OF PREMISES: Lessee, at its own cost and expense, shall keep the ease premises, all improvements which at any time during the term of this Lease may be situated thereon, and any and all appurtenances thereunto belonging, in good condition and repair during the entire term of this Lease. 31. LESSEE'S OBLIGATION TO REMOVE LIENS: Lessee will not permit any liens including, but not limited to, mechanics', laborers', or materialmen's liens obtainable or available under the then existing laws, to stand against the leased premises or improvements for any labor or material furnished to Lessee or claimed to have been furnished to Lessee or to the Lessee's agents, contractors, or sublessees, in connection with work of any character performed or claimed to have been performed on said premises or improvements by or at the direction or sufferance of Lessee, provided, however, Lessee shall have the right to provide a bond as contemplated by Alaska law and contest the validity or amount of any such lien or claimed lien. On final determination of such lien or such claim for lien, Lessee will immediately pay any judgement rendered with all proper costs and charges and shall have such lien released or judgement satisfied at Lessee'; own expense. 6 LESSOR: LESSEES 'r, l , MY AffORNEY CITY OF KENAI EPA:. o box 5W .. ALASKA 9%11 7831539 r t sOQlC. L/� 32. CONDEMNATION: In the event the leased premises or any part thereo-F--shall be condemned and taken for a public or a quasi -public use, then upon payment of any award or compensation arising from such condemnation, there shall be such division of the proceeds, such abatement in rent payable during the term or any extension of the term hereof, and such other adjustments as the parties may agree upon as being just and equitable under all the circumstances. If the City and Lessee are unable to agree ithin thirty (30) days after such an award has been paid into G�ourt, upon what division, annual abatement in rent and other adjustments are just and equitable, the dispute shall be determined by arbitration provided in Item 33 hereof. 33. ARBITRATION: (a) In the event the Parties shall be unable tc -)nrr•, as to any matter provided for in this Lease, suc, dispute shall be determined by three (3) disinterested arbitrators, one of them shall be chosen by each of the parties hereto and the third by the two (2) so chosen, 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 o such desire, naming the arbitrator selected by it, and five (5) days after giving of such notice the other party shall select its arbitrator and in the event the two arbitrators chosen shall fail, within fifteen (15) days after their selection, to agree upon the third then the Superior Court of the State of Alaska shall, on request of the party not in default, or upon the request of either party if neither is in default, appoint within fifteen (15) days after such request, an arbitrator, or arbitrators, to fill the place or places remaining. (c) The decision of any two (2) of the arbitrators in conformity with the foregoing direction shall be final and conclusive upon the parties hereto. The decision of the arbitrators shall be in writing, signed in duplicate by any two (2) of said arbitrators, and one copy shall be delivered to each of the parties hereto- (d) Except as specifically provided for in subsection (a), (b), and (c), the Uniform Arbitration Law of Alaska shall govern the arbitration(s) contemplated herein. 34. SURRENDER: At the expiration of the term fixed or any sooner termination of the Lease, the Lessee will peaceably and quietly quit and surrender the premises to the City. 35. PROTECTION OF SUBTENANTS: To protect the position of any subtenan s) hereaFter properly obtaining any interests in the leasehold estate granted Lessee hereunder, City agrees that in the event of the cancellation, termination, expiration, or surrender of this Lease (the ground lease), the City will accept the Subtenant, it successors and assigns, as its lessee for a period equal to the full unelapsed portion of the term of the sublease, including any extensions or renewals thereof, not exceeding the term of this Lease, upon the same covenants and conditions therein contained, to the extent that said covenants and conditions are not inconsistent with any of the terms and conditions of this Lease, provided such subtenant shall make full and complete attornment to the City for the balance of the term 7 LESSOR: LESSEE: CITY ATTORNEY CITY OF KENAI EN;. O Box 5W AEASKA 99611 283 1539 BOOK.a� p of such sublease so as to establish direct privity of estate and contract between the City and the subtenant with the same force and effect as though such sublease was originally made directly between the City and such subtenant; and further provided such subtenant agrees to comply with all the provisions of the ground lease and all the terms of any mortgage, deed of trust, or security assignment to which such leasehold estate is subject, except the payment of rent under the ground lease and the payment of any debt service under any such mortgage, deed of trust, or security assignment. 36. SUCCESSORS IN INTEREST: This Lease shall be binding upon and shall inure to the benefit of the respective successors and assigns of the parties hereto, subject to such specific limitations on assignment as are provided for herein. 37. GOVERNING LAW: This indenture of Lease: snail be governed in all respects -Sy the laws of the State of Alaska. 38. NOTICES: (a) Any notices required by this Lease shall be in writing and shall be deemed to be duly given only if delivered personally or mailed by certified or registered mail in a prepaid envelope addressed to the parties at the address set forth in the opening paragraph of this lease unless such address has been changed pursuant to sub -paragraph (b) hereafter, and in that case shall to the most recent address so changed. Any notice so mailed shall be deemed delivered on the date it is deposited in a U.S. general or branch post office. The City shall also mail a copy of any notice given to the Lessee, by registered or certified mail, to any leasehold lender (mortgagee, beneficiary of a deed of trust, security assignee) who shall have given the City notice of such mortgage, deed of trust, or security assignment. (b) Any such addresses may be changed by an appropriate notice in writing to all other parties affected provided such change of address is given to the other parties by the means outlined in paragraph (a) above at least fifteen (15) days prior to the giving of the particular notice in issue. 39. ENTRY AND RE-ENTRY: In the event that the Lease should be terminated as erein a ore provided, or by summery proceedings or otherwise, or in the event that the demised lands or any part thereof should be abandoned by the Lessee during said term, the Lessor or its agents, servants, or representatives -say, immediately or any time thereafter, re-enter, and resume possession of said lands or such part thereof, and remove all persons and property therefrom, either by summary proceedings or by a suitable action or proceeding at law without being liable for any damages therefor. No re-entry by the Lessor shall be deemed an acceptance of a surrender of the Lease. 40. RETENTION OF RENTAL: In the event that the Lease should be terminated ecause of any breach by the Lessee as herein provided, the rental payment last made by the Lessee shall be retained by the Lessor as partial or total liquidated damages for said breach. 8 LESSOR: VA LESSEE: I r _ "37 1 i i t 41. WRITTEN WAIVER: The receipt of rent by the Lessor with knowledge of any reac of the Lease by the Lessee, or any default on the part of the Lessee in observance or performance of any of the conditions or covenants of the Lease, shall not be deemed to be a waiver of any provisions of the Lease. No failure on the part of the Lessor to enforce any convenant or provision therein contained, nor any waiver of any right thereunder by the Lessor, unless in writing, shall discharge or invalidate such covenants or provisions, or affect the right of the Lessor to enforce the same in the event of any subsequent breach or default. The receipt, by the Lessor, of any rent or any other sum of money after the termination, in any manner, of the term therein demised, or after the giving by the Lessor of any notice thereunder to effect such termination, shall not reinstate, continue, or �xt.end the r^q:.Iltant term therein 1-mi :i. destroy, or in any manner impair the efficacy of any sucn nucice of termination as may have been given thereunder by the Lessor to the Lessee prior to the receipt of any such sum of money or other consideration, unless so agreed to in writing and signed by the Lessor. 42. EXPIRATION OF LEASE: Unless the Lease is renewed or sooner terminated as provided herein, the Lessee shall peaceably and quietly leave, surrender, and yield up unto the Lessor all of the leased land on or before the last day of the term of the lease. 43. FIRE PROTECTION: The Lessee will take all reasonable precautions to prevent, and take all necessary action to supress destructive or uncontrolled fires and comply with all laws, regulations, and rules promulgated and enforced by the City for fire protection within the area wherein the leased premises are located. 44. MUTUAL CANCELLATION: Leases in good standing may be cancelled in whole or in part at any time upon mutual written agreement by Lessee and the City Council. 45. UNLAWFUL USE PROHIBITED: Lessee shall not allow the leasehold premises to be used for an unlawful purpose. 46. APPROVAL OF OTHER AUTHORITIES: The issuance by the City of leases does not relieve the Lessee of responsibility of obtaining licenses or permits as may be required by duly authorized Borough, State, or Federal agencies. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands, the day and year stated in the individual acknowledgments below. LESSOR: CITY AttORNEY CITY Of KENAI v O box Sao 'INAI. ALASKA 99611 2831539 CITY OF KENAI v By: m J. ighton City anager 9 LES50R: LESSEE: 7-7 a . CITY ATTORNEY CITY OF KENAI C O Box 580 •ENAI. ALASKA 99611 M-7539 r i LESSEE: r; By: i •S/C / a.. litle (If Lessee is a Corporation) ATTEST: �a YI I,v tlt 1 Name it e STATE OF ALASKA ) )as THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that p4j, this 14�4 day of +'u•- ' of 1983, Name: �., dtGtIKI"v� , T i tTe : — Lt a&nk , SOUTHCENTRAL A R, INC., bein personally known to me or h-avicfgg• produced satisfactory eviden a of identification, a ��,'�'cfore -Ue me and acknowledged the voluntary and authorized ealA,ojte foregoing instrument on behalf of said corporatio ;. ,o?'°. °016" O 1. AJJ Notary Public for sk My Commission •. r STATE OF ALASKA )as THIRD JUDICIAL DISTRICT THIS IS TO CERTIFY that on this A15 day of sit11 , 1983, WILLIAM J. BRIGHTON, City Manager of the Cit'y., n i Alaska, being personally known to me or having pt& WC � :•� .. satisfactory evidence of identification, appearBd.'-be�,f{s�� acknowledged the voluntary and authorized execu-Lj jn y�. foregoing instrument on behalf (of �Jsaid CitY. N-6fary Public for A:K'" My Commission Expiry",- Approved as to lease form by City Attorney Approved by Finance Director � ni is s Approved by City Manager ni a s LEASE APPROVED by City Council this �_ day of , 1983�r A ity Clerk 1.. 10 LESSOR LESSEE: $114,UESTED BY. D� ASSARF 6 S �r4 0 �.t►ir / " E � COOK UM PII 66 AMENDMENT TO LEASE That certain lease between the City of Kenai and SOUTHCENTRAL AIR, INC., dated June 15, 1983, and recorded at Book 212, Page 209, for: Office and ticket counter space, first floor, terminal building, Kenai Municipal Airport, as presently occupied is hereby amended to reflect that pursuant to Paragraph B of said - lease, the term of the lease shall be extended to June 30, 1985. LESSOR: CITY OF KENAI . By. m. rig on Wager City LESSEE: Name �/ eq Title ?.`i. STATE OF ALASKA ) )as ) THIRD JUDICIAL DISTRICT51 THIS IS TO CERTIFY that on this 18th day of Jul - 1984, Name: Diana R. Lofstedt , Title: secretary/ treasurer , of -_-. SOUTHCENTRAL AIR, INC., being personally known to me or having produced satisfactory evidence of identification, appeared before .,:. me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said corporation. -- otary Pblic for Alaska My Commission Expires: 7-05-87 STATE OF ALASKA ) THIRD JUDICIAL DISTRICT ) _ THIS IS TO CERTIFY that on thisoe,61A day of , 1984, WILLIAM J. BRIGHTON, City Manager of the City o enai, Alaska, being personally known to me or having produced satisfactory evidence of identification, appeared betfoso me and acknowledged the voluntary and authorized executi.4ayp$lltti foregoing instrument on•,behalf of said City. •..•°"•��; ;o -- o ary Public for— Alas".* $-.-- My Commission Expires :.A- TIM ROGeas ' •, ,. ' CITY ATTORNEY / • .,, CITY obXS t DISTRICT KENAI, ALASKA 9961I .1539.1r � 3 43"IQUISTIV ' ; C•4• jcaf,aa BY . r. e 1 1 MY ATTORNEY CITY OF KENAI P. o box no KENAI, AIASKA 99611 ?i3.7330 A 7 LEASE OF AIRPORT FACILITIES THIS AGREEMENT, entered into this o-V1Sf day of 1984, by and between the CITY OF KENAI, City Hall, P. �.Box 580, Kenai, Alaska 99611, a home -ruled municipal corporation of Alaska, hereinafter called "City", and ERA HELICOPTERS, INC., 6160 South Airpark Drive, Anchorage, Alaska 99502, hereinafter called "Lessee". That the City, in consideration of the payments of the rents and performance of all the covenants herein contained by the Lessee, does hereby demise and lease to the Lessee the following described property in the Kenai Recording District, State of Alaska; to wits Office space and ticket counter space, first floor, Terminal Building, Kenai Municipal Airport as presently occupied A. PURPOSE: The purpose for which the Lease is issued iss Office space and ticket counter space for passenger transporation by air and related functions of aircraft operations/ticket sales B. TERM: The term of this Lease is for one year, commencing on the lot day of July, 1984, to the 30th day of June, 1985. C. RENTAL PAYMENT: The rental specified herein shall be payable as follows: 1. Right of entry and occupancy is authorized as of the lot day of July, 1984. 2. Rental for the period July 1, 1984 through June 30, 1985 shall be computed at $1.25 per square foot per month for 112 square feet of counter space, plus $1.15 per square foot per month for 280 square feet of office space, plus 15% of the above rentals as a baggage room and equipment use fee, for a total of $6,675.60, including sales tax for this period. If the annual rent exceeds $2,400, then the Lessee may opt at the time of the execution hereof or at the beginning of each new Lease year to pay rent in equal monthly installments, payable in advance on or before the first day of July and on or before the first of each month thereafter. 3. In addition to the rents specified above, the lessee agrees to pay the sppropriate parties all levies, assessments, and charges as hereinafter provided; (a) Sales tax now enforced or levied in the future computed upon rent payable in monthly installments whether rent is paid on a monthly or yearly basis. (b) Interest at the rate of eight percent (8%) per annum and ten percent (10%) penalties of any amount of money owed under this Lease which is not paid on or before the date it becomes due. 1 LESSOR: 1,42 LESSEE:__ '7-1 • rcrir,-max._.. city AITORMY CITY OF KENAI . o sox "0 .ENM. ALASKA 99611 T93•�539 ` B06• -PAGE j. LEASE OF AIRPORT FACILITIES THIS AGREEMENT, entered into this 115�' day of`L< a"9�1983, by and between the CITY OF KENAI, City 611, P. 0. Box 580, Kenai, Alaska 99611, a home -ruled municipal corporation of Alaska, hereinafter called "City", and ALASKA AERONAUTICAL INDUSTRIES, INC., P. 0. Box 6067, Anchorage, Alaska 99502, hereinafter called "Lessee". That the City, in consideration of the payments of the rents and performance of all the covenants herein contained by the Lessee, does hereby demise and lease to the Lessee the following described property in the Kenai Recording District, State of Alaska; to wit: Office space and ticket counter space, first floor, Terminal Building, Kenai Muncipal Airport as presently occupied A. PURPOSE: The purpose for which the Lease is issued is: Office space and ticket counter space for passenger transportation by air and related functions of aircraft operations/ticket sales B. TERM: The term of this Lease is for 1 year and 1-1/2 months, commencing on the 16th day of May, 1983, to the 30th day of June, 1984. C. RENTAL PAYMENT: The rental specified herein shall be payable as Follows: 1. Right of entry and occupancy is authorized as of the 16th day of May, 1983. 2. Rental for the period May 16, 1983 through June 30, 1983 shall be computed at $1.10 per square foot per month for 160 square feet of counter space, plus $1.00 per square foot per month for 400 square feet of office space, for a total of $901.50, including tax for this 1-1/2 month period. Rental for the period July 1, 1983 through June 30, 1984 shall be computed at $1.25 per square foot per month for 160 square feet of counter space, plus $1.15 per square foot per month for 400 square feet of office space, plus 150 of the above rentals as a baggage room and equipment use fee, for a total of $9,408.00, including tax for this 12 month period. If the annual rent exceeds $2,400, then the Lessee may opt at the time of the execution hereof or at the beginning of each new Lease year to pay rent in equal monthly installments, payable in advance an or before the first day of July and cr it before the first of each month thereafter. 3. In addition to the rents specified above, the Lessee agrees to pay to the appropriate parties all levies, assessments, and charges as hereinafter provided: (a) Sales tax now enforced -or levied in the future computed upon rent payable in monthly installments whether rent is paid on a monthly or yearly basis. (b) Interest at the rate of eight percent (8%) per annum and ten percent (10%) penalties of any amount of money owed under this Lease which is not paid on or before the date it becomes due. 1 LESSOR: LESSEE: /I city AITORMY CITY OF KENAI . o sox "0 .ENM. ALASKA 99611 T93•�539 ` B06• -PAGE j. LEASE OF AIRPORT FACILITIES THIS AGREEMENT, entered into this 115�' day of`L< a"9�1983, by and between the CITY OF KENAI, City 611, P. 0. Box 580, Kenai, Alaska 99611, a home -ruled municipal corporation of Alaska, hereinafter called "City", and ALASKA AERONAUTICAL INDUSTRIES, INC., P. 0. Box 6067, Anchorage, Alaska 99502, hereinafter called "Lessee". That the City, in consideration of the payments of the rents and performance of all the covenants herein contained by the Lessee, does hereby demise and lease to the Lessee the following described property in the Kenai Recording District, State of Alaska; to wit: Office space and ticket counter space, first floor, Terminal Building, Kenai Muncipal Airport as presently occupied A. PURPOSE: The purpose for which the Lease is issued is: Office space and ticket counter space for passenger transportation by air and related functions of aircraft operations/ticket sales B. TERM: The term of this Lease is for 1 year and 1-1/2 months, commencing on the 16th day of May, 1983, to the 30th day of June, 1984. C. RENTAL PAYMENT: The rental specified herein shall be payable as Follows: 1. Right of entry and occupancy is authorized as of the 16th day of May, 1983. 2. Rental for the period May 16, 1983 through June 30, 1983 shall be computed at $1.10 per square foot per month for 160 square feet of counter space, plus $1.00 per square foot per month for 400 square feet of office space, for a total of $901.50, including tax for this 1-1/2 month period. Rental for the period July 1, 1983 through June 30, 1984 shall be computed at $1.25 per square foot per month for 160 square feet of counter space, plus $1.15 per square foot per month for 400 square feet of office space, plus 150 of the above rentals as a baggage room and equipment use fee, for a total of $9,408.00, including tax for this 12 month period. If the annual rent exceeds $2,400, then the Lessee may opt at the time of the execution hereof or at the beginning of each new Lease year to pay rent in equal monthly installments, payable in advance an or before the first day of July and cr it before the first of each month thereafter. 3. In addition to the rents specified above, the Lessee agrees to pay to the appropriate parties all levies, assessments, and charges as hereinafter provided: (a) Sales tax now enforced -or levied in the future computed upon rent payable in monthly installments whether rent is paid on a monthly or yearly basis. (b) Interest at the rate of eight percent (8%) per annum and ten percent (10%) penalties of any amount of money owed under this Lease which is not paid on or before the date it becomes due. 1 LESSOR: LESSEE: /I i I r TIM ROGERS CITY AtTORMY CITY Of KENAI . o WX so FENA1. ALASKA W611 M-75" AMENDMENT TO LEASE That certain lease between the City of Kenai and ALASKA AERONAUTICAL INDUSTRIES, INC., dated August 1, 1983, and recorded at Book 217, Page 117, for: Office space and ticket counter space, first floor, Terminal Building, Kenai Municipal Airport as presently occupied is hereby amended to reflect that pursuant to Paragraph B of said lease, the term of the lease shall be extended to June 3Q, 1985. LESSOR: CITY OF KENAI`C`~ By: -arleton ty Manager LESSEE: Name 'Title STATE OF ALASKA ) )as THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this Z_L.- da�qf ,1984, Name: cc $e,,. Dc� , Tit e:, of ALASKA AERON INC., being pa y town�to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said corporation. Notary Pub is lor Alask ' My Commission Expires: t $ STATE OF ALASKA ) )as THIRD JUDIC DISTRICT ) THIS IS TO CERT t_� -Ion t,his day of( LQ ' 1986, WILLIAM J. BRIGHTO , t�1flanager o the CiV of Kense, Alaska, being personally know`E.ci� a or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and author ied.execution of the foregoing instrument on behalf of said City. �1 o ary Public for Alaska My Commission Expires: 9alfl�d 1 j r AMENDMENT TO LEASE That certain lease between the City of Kenai and ALASKA AERONAUTICAL INDUSTRIES, INC., dated August 1, 1983, and recorded at Book 217, Page 117, for: Office space and ticket counter space, first floor, Terminal Building, Kenai Municipal Airport as presently occupied is hereby amended to reflect that pursuant to Paragraph B of said lease, the Lerm of thi: laa!;e :3nall be extended to . 30, 1.98:. LESSOR: CITY OF KENAI 2 By: m Bri ton ity Manager LESSEE: Name Ile .5 Title STATE OF ALASKA ) )as THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of�, 1984 Name; Tit t e. Q o-c�,.:�.. �IJ. � , e.a...Q,e,.,�• , o f ALASKA AERO 1ICAL INDU51XI15, INC., being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized Vxecution of the foregoing instrument on behalf of said corporation. Rotary Public 'for Alas r ' My Commission Expires:,8 t, I r STATE OF ALASKA ) ) ss THIRD JUDICIAL DISTRIN, ) r� THIS IS TO CERTIFY that ,h isl%1iC day of�Ken 1986, WILLIAM J. BRIGHTON, Cit �QT {�ages o the Ci Alaska, being personally known t Mlle or having produced satisfactory evidence of identifica 'on, appeared before me and acknowledged the voluntary and authorized execution of the TIMROGERS I oregoing instrument on behalf^of said Ctty. CITY ATTORNEY CITY OF KENAI o E0X Sao ■ ENM. ALASKA 99611 283.75N My Commission Expire . J ry CITY ATTORNEY CITY OF KENAI vobox "0 1ENA1, AIASKA 99611 M-7539 LEASE OF AIRPORT FACILITIES THIS AGREEMENT, entered into this AcA4.. day of i=019'83, by and between the CITY OF KENAI, City Hall, P. 0. Box 580, Kenai, Alaska 99611, a home -ruled municipal corporation of Alaska, hereinafter called "City", and THE HERTZ CORPORATION, 660 Madison Avenue, New York, N.Y. 10021, hereinafter called "Lessee". That the City, in consideration of the payments of the rents and performance of all the covenants herein contained by the Lessee, does hereby demise and lease to the Lessee the following described property in the Kenai Recording District, State of Alaska; to wit: Counter space, First Floor, Terminal building, Ke! Municipal Airport,,0'V&'edA1gned by the Airport Manager and previously agreed to by Lessee. A. PURPOSE: The purpose for which the Lease is issued is: Counterspace for rental of cars and sales of personal accident insurance, and for parking of rental cars. B. TERM: The term of this Lease is for 1 year and 1-1/2 months, commencing on the 16th day of May, 1983, to the 30th day of June, 1984. C. RENTAL PAYMENT: The rental specified herein shall be payable as follows: 1. Right of entry and occupancy is authorized as of the 16th day of May, 1983. 2. Rental for the period May 16, 1983 through June 30, 1983 shall be computed at $1.10 per square foot per month for 42 square feet of counter space for a total of $72.76, including tax for this 1-1/2 month period. Rental for the period July 1, 1983 until Lessee is moved to a permanent location shall be computed at $1.25 per square foot per month for 42 square feet of counter space for a total of $55.12 per month; including tax. Upon completion of Lessee's move to a permanent location through June 30, 1984, rental shall be computed at $1.25 per square foot per month for 100 square feet of counter space for a total of $131.25 per month, including tax. If the annual rent exceeds $2,400, then the Lessee may opt at the time of the execution hereof or at the beginning of each new Lease year to pay rent in equal monthly installments, payable in advance on or before the first day of July and on or before the first of each month thereafter. 3. In addition to the rents specified above, the Lessee agrees to pay to the appropriate parties all levies, assessments, and charges as hereinafter provided: (a) Sales tax now enforced or levied in the future computed upon rent payable in monthly installments wheLher rent is paid on a monthly or yearly basis. (b) Interest at the rate of eight percent (8%) per annum and ten percent (10%) penalties of any amount of money owed under this Lease which is not paid on or before the date it becomes due. 1 LESSOR: LESSEE: 1 L. 1` C11Y ATTORNEY 1 CITY Of KENAI c O box sm 1 •1NAi. AIASKA 99611 a M 1539 r r A/I?AGE_ 3 (c) Additional charges, if any, as set forth in Schedule A, attached. D. GENERAL COVENANTS: 1. USES: Except as provided herein, any regular use of lands or facilities without the written consent of the City is prohibited. This prohibition shall not apply to use of areas designated by the City for specified public uses, such as passenger terminals, automobile parking areas, and streets. 2. USES NOT CONTEMPLATED PROHIBITED: Solicitation of Solicitation o donations or the promotion or operation of any part or kind of business or commercial enterprise, other than as specifically set forth herein, upon, in or above airport lands, without the written consent of the City is prohibited. 3. ASSIGNMENT OR SUBLETTING: Lessee with City's written consent, which will not be unreasonably denied, may assign, in whole or in part, its rights as Lessee hereunder. Any assignee of part or all of the leased premises shall assume the duties and obligations of the Lessee as to such part or all of the leased premises. No such assignment, however, will discharge Lessee from its duties and obligatior.a hereunder. 4. COSTS AND EXPENSES: Costs and expenses incident to this lease, including but not limited to, recording costs shall be paid by Lessee. 5. TREATMENT OF DEMISE: The Lessee agrees to keep the premises clean and in good order at its own expense, allowing no damage, waste, nor destruction thereof, nor removing any material therefrom, without written permission of the City. At the expiration of the term fixed, or any sooner determination of the Lease, the Lessee will peaceably and quietly quit and surrender the premises to the City. 6. PAYMENT OF RENT: Checks, bank drafts, or postal money orders shall be made payable to the City of Kenai and delivered to the City Administration Building, Kenai, Alaska. 7. CONSTRUCTION APPROVAL AND STANDARDS: Building construction shall be neat and presentable an compatible with its uses and surroundings. S. DEFAULT RIGHT OF ENTRY: Should default be made in the payment of any portion of the rent or fees when due, o: any of the covenants or conditions contained in the Lease or in any regulations now or hereinafter in force, then in such event the City shall by written notice give Lessee thirty (30) days to cure such default or defaults, after which if the default is not cured, the City may terminate the Lease, reenter and take possession of the premises, and remove all persons therefrom. 9. LEASE UTILIZATION: Leased space shall be utilized for purposes within the scope o the application (made a part of this Lease and attached hereto) the terms of the Lease, and in conformity with the ordinances of the City and Borough, and in substantial conformity with the comprehensive plan. Utilization or development for other than the allowed uses shall constitute a violation of the Lease and subject the Lease to cancellation at any time. 2 LESSOR: LESSEE: M 1:11Y ATTORNEY CITY Of KENAI 07 W)X0) • «7AI A(ASKA W61 1 283 !4 9 r ' '�/? `'AGE 10. CONDITION OF PREMISESs The premises demised herein are unimproved and are lease on an "es is, where is" basis. 11. OFFER TO LEASE ACCEPTANCES The offer to lease is made subject to app ication laws and regulationa of City and may be withdrawn without notice at any time after thirty ( days from submission thereof, unless within such thirty (30) days the Lessee executes and returns the lease to the City. 12. UNDERLYING TITLES The interests transferred, or conveyed by this Lease are au-•ect to any and all of the covenants, terms, or conditions contained in the instruments conveying title or other interests to the City. 13. RIGHT OF INSPECTIONS City shall have the right at all reasonable times to enter tFe premises, or any part thereof, for the purposes of inspection. 14. INSURANCE: lessee covenants to save the City harmless from a aI%E%ns, suits, liabilities, or damages resulting from or arising out of any acts of commission or omission by the lessee, his agents, employees, customers, invitees, or arising from or out of the Lessee's occupation, or use of the premises demised, or privileges granted, and to pay all costs connected therewith. In this connection, the Lessee agrees to arrange and pay for all the followings (a) Public liability insurance protecting both the City and its officers, employees, and agents and the Lessee, such insurance to be evidenced by a certificate showing the insurance in force. The amount of such public liability insurance shall have limits not less than those known as $500,000/$1,000,000/$250,000. (b) Lessee agrees to carry employer's liability insurance and Workmen's Compensation insurance, and to furnish a certificate thereof to the City. (c) Insurance contracts providing liability insurance and Workmen's Compensation shall provide for not less than thirty (30) days written notice to the City of cancellation, expiration, or substantial change in policy conditions and coverage. (d) Lessee agrees that waiver of subrogation against the City shall be requested of Lessee's insuror, and shall be provided at no cost to the City. (e) Cross Liabiliit s It is understood and agreed that the insurance afforded by this policy or poli.cie- more than one named insured, shall not operate to increase the limits of the company's liability, but otherwise shall not operate to limit or void the coverage of any one named insured as respects claims against the same named insured or employees of such other named insured. (f) The Insurance procured by Lessee as herein required be issued in the name of the Losses 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 contain endorsements that (1) such insurance many not be cancelled or amended with respect to the City without thirty (30) days written notice by registered or certified mail to City by the insurance 3 LESSURs1,10 LESSEE s ti Crcv A1towdy CITY OF KENAI P o Via M • 41JA1 AIA51KA %/A11 281 1,19 V company; and (2) Lessee payment of premiums and o pay any premiums for ai " �VO ..�,J GE....._..,, shall be solely responsible for that City shall not be required such insurance. 15. COLLECTION ON UNPAID MONIES: Any or all rents, charges, fees, or other consideration which are due and unpaid at the expiration of voluntary or involuntary termination or cancellation of this Lease, shall he a charge against the Lessee and Lessee's property, real or personal, and the City shall have such lien rights as are allowed by law, and enforcement by distraint may be made by the City or its authorized agent. 16. LEASE SUBORDINATE TO FINANCING REQUIREMENTS: Lessee agrees that City may modify this Lease to meet revised requirements for Federal or State grants, or to conform to the requirements of any revenue bond covenant. However, the modification shall not act to reduce, the rights or privi' nos granted the Lessee by this Lease, nor act to cause the Lestse: financial loss. 17. SURRENDER ON TERMINATIONS Lessee shall, on the last day of the term or this Lease or upon any earlier ter- mination of this Lease, surrender and deliver upon the premises into the possession and use of City without fraud or delay in good order, condition, and repair, except for reasonable wear and tear since the last necessary repair, replacement, restoration or renewal, free and clear of all lettings and occupancies unless expressly permitted by the 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 buildings, improvements and building equipment shall automatically vest in City without requirement of any dead, conveyance, or bill of sale thereon. However, if City should require any such document in confirmation hereof, Lessee shall execute, acknowledge, and deliver the same and shall pay any charge, tax, and fee asserted or imposed by any and all governmental units in connection herewith. 18. RULESs Lessee shall observe, obey, and comply with all applice a rules, etc., of the State or Federal Governments. 19. AIRCRAFT OPERATIONS PROTECTEOs (a) There is hereby reserved to the City, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface and all improvements approved by the City of the premises herein conveyed, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft, now or hereafter used for navigation of or flight in the air, using said airspace for landing at, taking off from, or operating on the Kenai Airport. 20. RIGHT TO ENJOY14ENT AND PEACEABLE POSSESSIONS City hereby agrees and covenants Mat the Lessee, upon paying rent and performing other covenants, terms, and conditions of this Lease, shall have the right to quietly and peacefully hold, use, occupy, and enjoy the said leased premises, except that any inconvenience caused by public works projects in or about the leasehold premises shall not be construed as a denial of the right of quiet or peaceable possession. 4 LESSORS LESSEES rA f � R 21. LESSEE TO PAY TAXES: Lessee shall pay all lawful taxes and assessments which, uring the term hereof may become a lien upon or which may levied by the State, Borough, City, or any other tax levying body, upon any taxable possessory right which Lessee may have in or to the property by reason of its use or occupancy or the terms of this lease, provided however, that nothing herein contained shall prevent Lessee from contesting any increase in such tax or assessment through procedures outlined in State statutes. 22. SPECIAL SERVICES: Lessee agrees to pay City a reasonable charge For any special services or facilities required by Lessee in writing, which services or facilities are not provided for herein. 23. NO PARTNERSHIP OR JOINT VENTURE CREATEDs It is expressly understood a e City shall not be construed or held to be a partner or ,joint venturer of Lessee in the conduct of business on the demised premises; and it is 3xpressly undo.:..,•.,: and agreed that the relationship between the parties hereto is, and shall at all times remain landlord and tenant. 24. DEFAULT BANKRUPTCY, ETC.: if the Lessee shall make any assignment for the benefit of creditors or shall be adjudged a bankrupt, or if a receiver is appointed for the Lessee or Lessee's assets, or any interest under this Lease, and if the appointment of the receiver is not vacated within thirty (30) days, or if a voluntary petition is filed under Section 18(a) of the Bankruptcy Act by the Lessee, then and in any event, the City may, upon giving the Lessee thirty (30) days' notice, terminate this lease. 25. NONDISCRIMINATION: The Lessee, for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land, that: (a) No person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities; (b) In the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation, don;ud the benefits of, or otherwise be subjected to discrimination; (c) The Lessee shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulationu, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally -assisted Programs of the Department of Transportation Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended; (d) In the event facilities are constructed, maintained, or otherwise operated on the said property described in this Lease, for a purpose involving the provision of similar services or benefits, the Lessee shall maintain and operate such facilities and services /:IfYA1TORNfY in compliance with all other requirements imposed pursusant to Title 49, Code of Federal Regulations, CITY OFKENAI Department of Transportation, Subtitle A, Office of the . o WU ale . I PJAI AIASNA 9Wii 1 ?93 7579 5 LESSORS LESSEES IA �oa�:.-tom r'Yi�l�_11MOFi�..^....� _t__.. •. ti�.��. ___ ..>r,.q�.ar,:.. .. � - -_ � ., -. .,�._-. _.... .. ..-- •_-,. .. _, --. .: �, I•m CITY ATTORNEY CITY OF KENAI .oW)XW • Fr AI AIASKA W611 2831539 r Secretary, Part 21, Nondiscrimination in Federally -assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. 26. PARTIAL INVALIDITY: If any term, provision, condition, or p-a—rt or this Lease is declared by a court of competent jurisdiction to be invalid or unconstitutional, the remaining terms, provisions, conditions, or parts shall continue in full force and effect as though such declaration was not made. 27. MODIFICATIONS: No lease may be modified orally or in any manner 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... 28. WARRANTY: The City does not warrant that the property which s—the subject of this Lease is suited for authorized herein, and no guarantee is given or implied treat is shall be profitable or suitable to employ the property to such use. 29. COMPLIANCE WITH LAWS% Lessee shall comply with all applicable laws, ordinances, and regulations of public authorities now or hereafter in any manner affecting the leased premises or the sidewalks, alleys, streets, and ways adjacenL thereto or any buildings, structures, fixtures and improvements or the use thereof, whether or not any such laws, ordinances, and regulations which may be hereafter enacted involve a change of policy on the part of the governmental body enacting the same. Lessee agrees to hold City financially harmless: (a) From the consequences of any violation of such laws, ordinances, and/or regulations; and (b) From all claims for damages on account of injuries, death, or property damage resulting from such violation. (c) Lessee further agrees it will not permit any unlawful occupation, business, or trade to be conducted on said premises or any use to be made thereof contrary to any law, ordinance, or regulation as aforesaid with respect thereto, including zoning ordinances, rules, and regulations. 30. CARE OF PREMISES: Lessee, at its own cost and expense, shall keep the leased premises, all improvements which at any time during the term of this Lease may be situated thereon, and any and all appurtenances thereunto belonging, in good condition and repair during the entire term of this Lease. 31. LESSEE'S OBLIGATION TO REMOVE LIENSs Lessee 4.11 not permit any lions including, but not limited to, mechanics', laborers', or materialmen's liens obtainable or available under the then existing laws, to stand against the leased premises or improvements for any labor or material furnished to Lessee or claimed to have been furnished to Lessee or to the Lessee's agents, contractors, or sublessees, in connection with work of any character performed or claimed to have been performed on said premises or improvements by or at the direction or sufferance of lessee, provided, however, Lessee shall have the right to provide a bond as contemplated by Alaska law and contest the validity or amount of any such lien or claimed lien. On final determination of such lien or such claim for lien, Lessee will immediately pay 6 LESSOR: LESSEE: J 1" d , CITY ATTORNEY CITY Of KENAI a 9 WIN 190 •ENAI AL4SKA 99611 7837539 �y '-AGE I�3 any judgement rendered with all proper costs and charges and shall have such lien released or judgement satisfied at Lessee's own expense. 32. CONDEMNATION: In the event the leased premises or any part thereof shall e condemned and taken for a public or a quasi -public use, then upon payment of any award or compensation arising from such condemnation, there shall be such division of the proceeds, such abatement in rent payable during the term or any extension of the term hereof, and such other adjustments as the parties may agree upon as being just and equitable under all the circumstances. If the City and Lessee are unable to agree within thirty (30) days after such an award has been paid into Court, upon what division, annual abatement in rent, and other adjustments are just and equitable, the dispute shall be de ermined by arbitration provided in Item 33 hereof. 33. ARBITRATION: (a) In the event the parties shall be unable to agree as to any matter provided for in this Lease, such dispute shall be determined by three (3) disinterested arbitrators, one of them shall be chosen by each of the parties hereto and the third by the two (2) so chosen, 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 such desire, naming the arbitrator selected by it, and five (5) days after giving of such notice the other party shall select its arbitrator and in the event the two arbitrators chosen shall fail, within fifteen (15) days after their selection, to agree upon the third, then the Superior Court of the State of Alaska shall, on request of the party not in default, or upon the request of either party if neither is in default, appoint within fifteen (15) days after such request, an arbitrator, or arbitrators, to fill the plane or places remaining. (c) The decision of any two (2) of the arbitrators in conformity with the foregoing direction shall be final and conclusive upon the parties hereto. The decision of the arbitrators shall be in writing, signed in duplicate by any two (2) of said arbitrators, and one copy shall be delivered to each of the parties hereto. (d) Except as specifically provided for in subsection (a), (b), and (c), the Uniform Arbitration Law of Alaska shall govern the arbitration(s) contemplated herein. 34. SURRENDER: At the expiration of the term fixed or any sooner termination of the Lease, the Lessee will peaceably and quietly quit and surrender the premises to the City. 35. PROTECTION OF SUBTENANTS: To protect the position of any subtenant(s) hereafter proper y obtaining any interests in the leasehold estate granted Lessee hereunder, City agrees that in the event of the cancellation, termination, expiration, or surrender of this Lease (the ground lease), the City will accept the Subtenant, it successors and assigns, as its lessee for a period equal to the full unelapsed portion of the term of the sublease, including any extensions or renewals thereof, not exceeding the term of this Lease, upon the same covenants and 7 LESSOR: LESSEE: A y atY AttORNEY CITY OF KENAI . o box SM • ENA.. AEASKA 99611 283 7539 �QKPAGE conditions therein contained, to the extent that said covenants and conditions are not inconsistent with any of the terms and conditions of this Lease, provided such subtenant shall make full and complete attornment to the City for the balance of the term of such sublease so as to establish direct privity of estate and contract between the City and the subtenant with the same force and effect as though such sublease was originally made directly between the City and such subtenant; and further provided such subtenant agrees to comply with all the provisions of the ground lease and all the terms of any mortgage, deed of trust, or security assignment to which such leasehold estate is subject, except the payment of rent under the ground lease and the payment of any debt service under any such mortgage, deed of trust, or security assignment. 36. SUCCESSORS IN INTEREST: This Leine shall he binaing upon anu nai. :nur.: cu ;ena r t G successors and assigns of the parties hereto, subject to such specific limitations on assignment as are provided for herein. 37. GOVERNING LAW: This indenture of Lease shall be governed in all respects by the laws of the State of Alaska. 38. NOTICES: (a) Any notices required by this Lease shall be in writing and shall be deemed to be duly given only if delivered personally or mailed by certified or registered mail in a prepaid envelope addressed to the parties at the address set forth in the opening paragraph of this lease unless such address has been changed pursuant to sub -paragraph (b) hereafter, and in that case shall to the most recent address so changed. Any notice so mailed shall be deemed delivered on the date it is deposited in a U.S. general or branch post office. The City shall also mail a copy of any notice given to the Lessee, by registered or certified mail, to any leasehold lender (mortgagee, beneficiary of a deed of trust, security assignee) who shall have given the City notice of such mortgage, deed of trust, or security assignment. (b) Any such addresses may be changed by an appropriate notice in writing to all other parties affected provided such change of address is given to the other parties by the means outlined in paragraph (a) above at least fifteen (15) days prior to the giving of the particular notice in issue. 39. ENTRY AND RE-ENTRY: In the event that the Lease should be terminated as erein eG fore provided, or by summery proceedings or otherwise, or in the event that the demised lands or any part thereof should be abandoned by the Lessee during said term, the Lessor or its agents, servants, or representatives may, immediately or any time thereafter, re-enter, and resume possession of said lands or such part thereof, and remove all persons and property therefrom, either by summary proceedings or by a suitable action or proceeding at law without being liable for any damages therefor. No re-entry by the Lessor shall be deemed an acceptance of a surrender of the Lease. 8 LESSORS LAft LESSEE: JAA t i C1tY ATTORNEY CITY Of KENAI o Box "0 'Et -Al. ALASKA W61 I 203.1539 r :G";TIPAGE. 40. RETENTION OF RENTAL: In the event that the Lease should be terminated ecause of any breach by the Lessee as herein provided, the rental payment last made by the Lessee shall be retained by the Lessor as partial or total liquidated damages for said breach. 41. WRITTEN WAIVER: The receipt of rent by the Lessor with knowledge or any rear of the Lease by the Lessee, or any default on the part of the Lessee in observance or performance of any of the conditions or covenants of the Lease, shall not be deemed to be a waiver of any provisions of the Lease. No failure on the part of the Lessor to enforce any convenant or provision therein contained, nor any waiver of any right thereunder by the Lessor, unless in writing, shall discharge or invalidate such covenants or provisions, or affect the right of the Lessor to enforce the same in the event of any subsequent breach or default. The receipt, by the Lessor, of any rent or any other sum of money after the termination, in any manner, of the term therein demised, or after the giving by the Lessor of any notice thereunder to effect such termination, shall not reinjtit:., continue, or extend the resultant term therein demised, or destroy, or in any manner impair the efficacy of any such notice of termination as may have been given thereunder by the Lessor to the Lessee prior to the receipt of any such sum of money or other consideration, unless so agreed to in writing and signed by the Lessor. 42. EXPIRATION OF LEASE: Unless the Lease is renewed or sooner terminated as provided herein, the Lessee shall peaceably and quietly leave, surrender, and yield up unto the Lessor all of the leased land on or before the last day of the term of the lease. 43. FIRE PROTECTION: The Lessee will take all reasonable precautions Fo prevent, and take all necessary action to supress destructive or uncontrolled fires and comply with all laws, regulations, and rules promulgated and enforced by the City for fire protection within the area wherein the leased premises are located. 44. MUTUAL CANCELLATION: Lenses in good standing may be cancelled in whole or in part at any time upon mutual written agreement by Lessee and the City Council. 45. UNLAWFUL USE PROHIBITED: Lessee shall not allow the leasehold premises to be used for an unlawful purpose. 46. APPROVAL OF OTHER AUTHORITIES: The issuance by the City of leases does not relieve the Lessee of responsibility of obtaining licenses or permits as may be required by duly authorized Borough, State, or Federal agencies. 47. ACCOUNTING OBLIGATION: Lessee agrees to furnish the City an annual sworn statement of gross business receipts and/or any certificate or statement to substantiate the computation of rents or fees, including reports to other governmental agencies. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands, the day and year stated in the individual acknowledgments below. V] LESSOR: LESSEE: CITY A"ORNEY CITY OF KE" c o box "D -FNAI. ALASKA 9%11 2837539 LESSOR: LESSEE: 00K ar? PAGt 46 CITY OF KENAI B y : —%� �.... i em J. righton City Manag THE HERTZ CORPORATION B y : I Vi UPresident Properties & Title Facilities (If Lessee Is a Corporation) A TEST: Khw it STATE Of NET-7 YORK ) COUNTY OF NEW YORK )ss THIS IS TO CERTIFY that on this 30th day of August , 1983, Name: John E. Blake , TitlW.7—Vice President of THE HERTZ CORPORATION, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoiMAW& ment on behalf of said corporation. NOTARY PUBLIC, State f New Yak No. 41-0iBE47E47o9078 vilified in Queens County o t a r y Public for New York filed eiJarYork 19:r M Commission Expires: 3 3c Commission Expires March 30,19� Y P STATE OF ALASKA ) )as THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this/;W/(- day of 1963, WILLIAM J. BRIGHTON, City Manager of the City of Alaska, being personally known to me or having satisfactory evidence of identification, appear�;d--,iiP��n;E}nd acknowledged the voluntary and authorized exefr4t:t�f3�`►f'°f�►'e°r:•' foregoing instrument on behalf f sa'd City. "V, o ary Public faii�A a=' My Commission 'Expfs.4;z, �-• Approved as to lease form by City Attorney '''���'� (Approved by Finance Director (Init`ials 10 LESSOR: LESSEE: c A I Approved by City Manager I MR 154 a is LEASE APPROVED by City Council thi's day of 1983. Y [:lark Cif 12 LESSOR: LESSEE: TIM ROOERS CITY AtTORNEY CITY OF KENAI • o sox Soo KENAI. AIASKA 99611 ? I&W Eo O244prE801 AMENDMENT TO LEASE That certain lease between the City of Kenai and THE HERTZ CORPORATION, dated September 12, 1983, and recorded at Book 219, Page 937, for: Counter space, first floor, terminal building, Kenai Municipal Airport, as presently occupied is hereby amended to reflect that pursuant to Paragraph B of said lease, the term of the lease shall be extended to June 30, 1985; and further to include Schedule A as amended, attached hereto. LESSOR: CITY OF KENAI, By %&A == 41 Brig on City anager LESSEE: THE HCORPORA N �Narne Roj t Madgeff Vice President, Airport Concession Title STATE OF SEA /'�% y89r_ ) &vmv Op lARu Wet )as T -it"T ) THIS IS TO CERTIFY that on this ayA- day of .�ULa a1 ',. •{, 1984, Name:&BEW �iAfswr , Tit e: s ---I C f��;a THE HERTZ CO OR 0 , -being personally known to me or sup produced satisfactory evidence of identification, appea,06, 'a.. T.�, me and acknowledged the voluntary and authorized execui���i'�Ot+�tie: foregoing instrument on behalf of said corporat'ioln.�t`�aU,'s BRENDA A. RANTS O"-w - NOTARY PUBLIC, Stab of New York �= No. 31-4793927Notary Public for a s s '� fti fico filed In New York County ,i fe rid:' Commltlslort Expired March 30.1;:W My Commission Expires • STATE OF ALASKA )as r:5x THIRD JUDICIAL DISTRICT ) �" THIS IS TO CERTIFY that on this /�- day of 1984, WILLIAM J. BRIGHTON, City Manager of the City OVKenai, Alaska, being personally known to me or having prodgcr dII1`1!/: satisfactory evidence of identification, appeared.." iid acknowled ed the voluntary and authorized executi� •' ��'� foregoing instrument on behalof said City.,^;., �i •� o ery Public or',, A,. ,/ My Commission Expir,i1Y '�llllittll 1 TIM ROGEiRS C11Y ATTORMY CITY Of KENAI P O box no •MAI. A"A99611 2837539 PO6v 0244"',E802 SCHEDULE A Lease dated the f day of , 1983, between the CITY OF KENAI, a home -rule municipa corporation o !asks, hereinafter called "CITY" and THE HERTZ CORPORATION, LESSEE. 1. In addition to the rents specified on the per square foot basis, LESSEE agrees to pay to the CITY an additional charge of ten percent (108) of LESSEE'S gross receipts on a monthly basis for the privilege of conducting businesses authorized herein. 2. The term "Rent-A-Car Business" as used in this agreement, shall mean the business of renting passenger cars and trucks for periods of time not in excess of sixty (60) days. Each rental transaction shall be by a separate agreement, and any extension of use by the renter of the period of time originally contracted for shall be considered a separate rental transaction. The Contractor shall furnish to the Airport Manager, for auditing purposes, the block of contract numbers that will be used for car rental agreements covering business originating at the Kenai Municipal Airport, and shall further advise the Airport Manager when additional contract numbers are assigned for the Airport operations. 3. Gross receipts of the rent -a -car business shall include, but are not limited to, the total amount of the time and mileage charges and sales of insurance on car rental transactions, but shall exclude reimbursement for vehicular demange and fuel. 4. All payments shall be made monthly within ten (10) days after the end of each month; and shall be accompanied by a separate certified statement showing gross receipts from each of the businesses barein authorized for the month for which payments are made. If any such certified statements are found to be incorrect statements of gross receipts for the month involved, any additional amount determined to be due the CITY shall be immediately paid to the CITY by the Contractor and any amount of overpayment by the Contractor shall be credited against the next monthly payment due the CITY under this agreement. 6. The purposes for this lease are as follows: (a) The right to conduct a business on and from the Airport for car rentals and sale of personal accident insurance. (b) The right to conduct the business of making arrangements for hunting and fishing trips, for air taxi services, for charter flights, for rent -a -plane services, for motel and hotel reservations, and for long distance telephone and telegraph services. (c) To occupy counter space in an area and in a size designated by the Airport Manager. Such counter to be constructed by the Contractor with size and design to be approved by the Airport Manager. Such space shall not be used for any other purpose except pursuant to a separate agreement for authorization from the CITY. (d) The right to use parking space for ten (10) vehicles at spaces in parking areas as designated by the Airport Manager. (a) If LESSEE requests additional parking spaces and if the Airport Manager is able to provide additional spaces, such spaces will be billed at $20.00 per space per month. .S4-- O l t 0 5 KEs..1 Auc 18 9 s2 AN'84 REQUESTED BY CN of 40a:1 Z. 6 Fc taao LESSOR: LESSEE: 1:11Y A110041V CITY Of KENAI l ; . o so► W a • .MAI AlA4RA VMfI IIN7147'� LEASE OF AIRPORT FACILITIES THIS AGREEMENT, entered into thin �) day of June, 1983,51 by and between the CITY OF KENAI, City H, P. 0. Box 580, Kenai, Alaska 99611, a home -ruled municipal corporation of Alaska, hereinafter called "City", anti ALASKA RENT -A -CAR, d/b/s AVIS RENT -A -CAR, P. 0. Box 6028, Anchorage, Alaska 99502, hereinafter called "Lessee". That the City, in consideration of the payments of the rents and performance of all the covenants herein contained by the Lessee, does hereby demise and lease to the Lessee the following described property in the Kenai Recording} District, State of Alaska; to wits Countrir 7g•Ir• I, Fir:it rIoor, , Terminal. IuIIdi nrj 14uniclpal ALrpurt, as nsoignod by the Air;jOrt and previously agreed to by Lessee. A. PURPOSE% The purpose for which the Lease is iesuod Is: Counteropaee for rental of cars and sales of personal accident insurance, and for parking of rental cars. S. TERMs The term of this Lease is for 1 year and 1-1/2 months, commencing on the 16th day of May, 19830 to the 30th day of June, 1984. C. RENTAL PAYMENTS The rental specified herein shall be payable as Followss 1. Right of entry and occupancy is authorized as of the 16th day of May, 1983. 2, Rental for the period May 169 1983 through June 30, 1983 shall be computed at $1.10 per square foot per month for 42 square feet of counter space for a total of $72.76, including tax for this 1-1/2 month period. Rental for the period July 1, 1983 until Lessee is moved to a permanent location shall be computed at $1.25 per square foot per month for 42 square feet of counter apace for a total of $55.12 per month; including tax. Upon completion of Lessee's move to a permanent location through June 30, 1984, rental shall be computed at $1.25 per square foot per month for 100 square feet of counter space for a total of $131.25 per month, including tax. If the annual rent exceeds $2,400, then the Lessee may opt at the time of the execution hereof or at the beginning of each new Lease year to pay rent in equal monthly installments, More in advance on or before the first day of July and on or before the first of each month thereafter. 3. In addition to the rents specified above, the Lessee agrees to pay to the appropriate parties all levies, assessments, and charges as hereinafter provideds (a) Sales tax now enforced or levied in the future computed upon rent payable in monthly Installments whether rent is paid on a monthly or yearly basis. (b) Interest at the rate of sight percent (8%) per annum and ten percent (10%) penalties of any amount of money owed under this Lease which is not paid on or before the date it becomes due. 1 LEssnR: LESSEES _ :a::,... _. __J TIM ROOBNd !HY Alloom1Y CITY Of KENAI P o Mx !p ,ft1A1, ALASKA 99611 a8;asr► { tsovr Urw44 P'rE 3Gi AMENDMENT T4 LEASE That certairt louse between the City of Kenai and ALASKA RENT A CAR, INC., d/b/a AVIS RENT A CAR, dated June 22, 1983, and recorded at Book 212, f'ago 219, fors Counter space, first floor, terminal building, Kenai Municipal Airport, no prr.sontly occupied is hereby amended to reflect that pursuant to Paragraph 0 of said lease, the term of the loose shall be extended to June 30, 1985; and further to include Schedule A no amended, attached hereto. CITY OF KENAI B y s m. rig on City anager LESSEES )� /Name V � k A�J>A,4 Title' STATE OF ALASKA ) )as THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of jM 1984, Names A pve , Tit as , of ALASKA RENT , ., b/a AVIS RENT , e ng;per aneily known to me or having produced satisfactory evidencer identification, appeared before me and acknowledged' thd;s/'oLwn.t<ecy and authorized execution of the foregoing instrument, si.p hat1. ,�. said corporation. `� ..� •'• �iij•• ' JV Not cry Public f ID f as a.' • r', ` My Commission Expires .�fAjpGty�lf� STATE OF ALASKA ) )so THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this/404i( day o , 19849 WILLIAM J. BRIGHTON, City Mansge� the Cit of ene , Alaska, being personally known to me or having produced satisfactoryevidence of identification a appeared beP r '�rlre and acknowledged the voluntary and authorized executtol lo-�,41., foregoing instrument on behalf f said City. •t•,� Notary Publlc for, Alaska My Commission Expiress, 0 W TIMI ROGERS CI V A1T004Y CITY Of KENAI r o soK m •ENAI, ALASKA 9%1I 203,7539, SCHEDULE A Lease dated the day of�A%, 1981, between the CITY OF KENAI, a home -rule municipa corporation of Alaska, hereinafter called "CITY" and ALASKA RENT A CAR, d/b/a AVIS RENT A CAR, LESSEE. 1. In addition to the rents specified on the per square foot basis, LESSEE agrees to pay to the CITY an additional charge of ten percent (10%) of LESSEE'S gross receipts on a monthly basis for the privilege of conducting businesses authorized herein. 2. The term "Rent-A-Car Business" as used in this agreement, shall mean the business of renting passenger cars and trucks for periods of time not in excess of sixty (60) days. Each rental transaction shall be by a sepnrote agreement, and any extension of use by the renter of the period of ti, originally contracted for shall he considered a separate rental try? The Contractor shall furnish to the Airport Manager, for auditinr r:a, the block of contract numbers that will be used for car rent%, g covering business oriqinatinq at the Kenai Municipal Airport, and sh. , further advise the Airport Manager when additional contract numbers are! assigned for the Airport operations. 3. Gross receipts of the rent -a -car business shall include, but are not limited to, the total amount of the time and mileage charges and sales of insurance on car rental transactions, but shall exclude reimbursement for vehicular damange and fuel. 4. All payments shall be made monthly within ten (10) days after the end of each month; and shall be accompanied by a separate certified statement showing gross receipts from each of the businesses herein authorized for the month for which payments are made. If any such certified statements are found to be incorrect statements of gross receipts for the month involved, any additional amount determined to be due the CITY shall be immediately paid to the CITY by the Contractor and any amount of overpayment by the Contractor shall be credited against the next monthly payment due the CITY under this agreement. 6. The purposes for this lease are as followss (a) The right to conduct a business on and from the Airport for car rentals and sale of personal accident insurance. (b) The right to conduct the business of making arrangements for hunting and fishing trips, for air taxi services, for charter flights, for rent -a -plane services, for motel and hotel reservations, and for long distance telephone and telegraph services. (c) To occupy counter space in an area and in a size designated by the Airport Manager. Such counter to be constructed by the Contractor with size and design to be approved by the Airport Manager. Such space shall not be used for any other purpose except pursuant to a separate agreement for authorization from the CITY. (d) The right to use parking space for ten (10) vehicles at spaces in parking areas as designated by the Airport Manager. (a) If LESSEE requests addA tional parking spaces and if the Airport Manager is able to provide additidW-spaces-, such spaces will be billed at $20.00 per space per month. . Q 0 9 5 9 Z 7 • Ron- KE�Al NEC, 01STRI" LESSORs J& 17 L ESSEE s R14U1§TBO 8r��+ Anows 2JU107 CITY A110P iY CITY Of KENAI 1 O SON 5W �(N11, ALASKA 9%11 2837539 W BOX 3 :..P LEASE OF AIRPORT FACILITIES THIS AGREEMENT, entered into this j/,( day of July, 1983, by and between the CITY OF KENAI, City all, P. 0. Box 580, Kenai, Alaska 99611, a home -ruled municipal corporation of Alaska, hereinafter called "City", and ALASKA SALES AND SERVICE, INC., d/b/a NATIONAL CAR RENTAL, 1300 East 5th Avenue, Anchorage, Alaska 995019 hereinafter called "Lessee". That the City, in consideration of the payments of the rents and performance of all the covenants herein contained by the Lessee, does hereby demise and lease to the Lessee the following described property in the Kenai Recording District, State of Alaska; to wit: Counter space, First Floor, Terminal Building, Kenai Municipal Airport, as assigned by the Airport Manager and previously agreed to by Lessee. A. PURPOSE: The purpose for which the Lease is issued is; Counterspsce for rental of cars and sales of personal accident insurance, and for parking of rental cars. B. TERM: The term of this Lease is for 1 year commencing on the 1st of July, 1983, to the 30th day of June, 1984. C. RENTAL PAYMENT: The rental specified herein shall be payable as followst I. Right of entry and occupancy is authorized as of the lot day of July, 1983. 2. Rental for the period July 1, 1983 through June 30, 1984 shall be computed at $1.25 per square foot per month for 100 square feet of counter space for a total of $1,575.00, including tax. If the annual rent exceeds $2,400, then the Lessee may opt at the time of the execution hereof or at the beginning of each new Lease year to pay rent in equal monthly installments, payable in advance on or before the first day of July and on or before the first of each month thereafter. 3. In addition to the rents specified above, the Lessee agrees to pay to the appropriate parties all levies, assessments, and charges as hereinafter provideds (a) Sales tax now enforced or levied in the future computed upon rent payable in monthly installments whether rent is paid on a monthly or yearly basis. ( b ) Interest at thy; c its•• , f Ai•. • r zLnI ' . . annum and ten percent (10%) penalties of any ainounL *f money owed under this Lease which is not paid on or before the date it becomes due. (c) Additional charges, if any, as set forth in Schedule A, attached. D. GENERAL COVENANTSs 1. USES: Except as provided herein, any regular use )f lands or facT=ies without the written consent of the City is 3rohibited. This prohibition shall not apply to use of areas iesignated by the City for specified public uses, such as 3assenger terminals, automobile parking areas, and streets. 1 LESSORS LESSEES i r' 1 r TIM ROGEIRS cnr A11ORMY CITY Of KENAI O sox "a r INAI, AIAUA 9%1 t ?p•7577 BUCK V('r LNVE,1u4 AMENDMENT TO LEASE That certain lease between the _"ity of Kenai and ALASKA SALES AND SERVICE, INC., d/b/a NATIONAL CAR RENTAL SYSTEM, dated July 13, 1983, and recorded at Book 213, Page 213, for: Counter space, first floor, terminal building, Kenai Municipal Airport, as presently occupied lis hereby amended to reflect that pursuant to Paragraph 8 of said lease, the term of the tease shall be extended to June 30, 1985; and further to include Schedule A as amended, attache(i heret(s. STATE OF ALASKA LESSORS CITY OF KENAI L3 y 2 wg��& =-;F-I 0OZ-1— Wm. r on City Manage LESSEEs ALASKA SALES AND SER 2CE, INC. DBA gr 'NAL C1A-Z YSTEM --Name A, ouglas Hulen litle i sib^� )so THIRD JUDICIAL DISTRICT ) THIS IS IP CERTIFY tha o this day of d` , 1984, Names i . may" 6/��.K Tit e s �, , of ALASKA SALES , Gam,—d/b/a NAT CAR RENTAL SYSTEM, bb4114"^� ersonally known to me or having produced satisfactory y�N�'d>>r��i�, of identification, appeared before me and acknowledged h.41* o untary and authorized execution of the foregoing 1%?. IA nt on behalf of said c oration. y rV4 My Commission Expira9s S STATE OF ALASKA ) )as THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this.04ok day of , 1984, WILLIAM J. BRIGHTON, City Managed the City or/Kenai, Alaska, being personally known to me or having produc#4.,, satisfactory evidence of identification, appeared b.&, 0 me and acknowledged the voluntary and authorized execution•$$ rtho, foregoing instrument on behalf f said City. - 117 A., o ary Public for Alaska My Commission Expiress v 1 E TIM ROGERS �` yi �11Y Af/OMIEv �! CITY Of KENAI 'J"Al. ALASKA 99611 s .o i BOOK O242P, "•E365 SCHEDULE A Lease dated the 51'29" day oL/, 1984, between the CITY OF KENAI, a m: home -rule ,lnlcipa corporation laska, hereinafter called "CITY" and ALASKA SALES AND SERVICE, INC., d/b/a NATIONAL CAR RENTAL SYSTEM, LESSEE. 1. In addition to the rents specified on the per square foot basis, LESSEE agrees to pay to the CITY on additional charge of ten percent (10%) of LESSEE'S gross receipts on a monthly basis for the privilege of conducting businesses authorized herein. 2. The term "Rent-A-Car Business" as used in this agreement, shall mean the business of renting passenger cars and trucks for periods of time not in excess of sixty (60) days. Each rental transaction shall be by a separate agreement, and any extension of uoe by the renter of the period of time originally contracted for shall be considered a ticrr,rate rental trafusaction. The Contractor shall furnish to the Airport 14sana,jer. ;or auditing purposes, the block of contract numbers that will be used for ::ar rental agreements covering business originating at the Kenai Municipal Airport, and shall further advise the Airport Manager when additional contract numbers are assigned for the Airport operations. 3. Gross receipts of the rent -a -car business shall include, but are not limited to, the total amount of the time and mileage charges and sales of insurance on car rental transactions, but shall exclude reimbursement for vehicular damange and fuel. 4. Ali payments shall be made monthly within ten (10) days after the end of each month; and shall be accompanied by a separate certified statement showing gross receipts from each of the businesses herein authorized for the month for which payments are made. If any such certified statements are found to be incorrect statements of gross receipts for the month involved, any additional amount determined to be due the CITY shall be immediately paid to the CITY by the Contractor and any amount of overpayment by the Contractor shall be credited against the next monthly payment due the CITY under this agreement. 6. The purposes for this lease are as follows: (a) The right to conduct a business on and from the Airport for car rentals and sale of personal accident insurance. (b) The right to conduct the business of making arrangements for hunting and fishing trips, for air taxi services, for charter flights, for rent -a -plane services, for motel and hotel reservations, and for long distance telephone and telegraph services. (c) To occupy counter space in an area and in a size designated by the Airport Manager. Such counter to be constructed by the Contractor with size and design to be approved by the Airport Manager. Such space shall not be used for any other purpose except pursuant to a separate agreement for authorization from the CITY. (d) The right to use parking space for ten (10) vehicles at spaces in parking areas as designated by the Airport Manager. (a) If LESSEE requests additional parking spaces and if the Airport Manager is able to provide additional spaces, such spaces will be billed at $20.00 per space per month. QIr�O95�'7 Y � y;.t ia�C.1 DISTRICT J1a.17 3 az 4M REittlQblEO 0� �� AOORtf f „r••---�' LESSORS LESSEE: i I i ' CITY A11001dy CITY Of KENAI v p Co," -MAI AWWA %rAI I M /M BOOKi -1 ? LEASE OF AIRPORT FACILITIES THIS AGREEMENT, entered into this,',+'! day of June, 1983, by and between the CITY OF KENAI, City Hall, P. 0. Box 580, Kenai, Alaska 99611, a home -ruled municipal corporation of Alaska, hereinafter called "City", and ALCAN NORTHWEST, INC., d/b/a DOLLAR RENT -A -CAR, P. 0. Box 4-1219, Anchorage, Alaska 99502, hereinafter called "Lessee". That the City, in consideration of the payments of the rents and performance of all the covenants herein contained by the Lessee, does hereby demise and lease to the Lessee the foliowing described property in the Kenai Recording District, State of Alaska; to wits Cou,ti, ,r, -c:-, , i.. -�t o(:r . f ,rr*Iin::l 3ui' • •• - Mun.,.ipa.> airport, ,.I3 by Lhe Air,.,: and previously agreed to by Lessee. A. PURPOSEs The purpose for which the Lease is issued is: Counterspace for rental of care and sales of personal accident insurance, and for parking of rental cars. B. TERMs The term of this Lease is for 1 year and 1-1/2 months, commencing on the 16th day of May, 1983, to the 30th day of June, 1984. C. RENTAL PAYMENT: The rental specified herein shall be payable as followss 1. Right of entry and occupancy is authorized as of the 16th day of May, 1983. 2. Rental for the period May 16, 1983 through June 30, 1983 shall be computed at $1.10 per square foot per month for 57 square feet of counter space for a total of $98.75, including tax for this 1-1/2 month period. Rental for the period July 1, 1983 until Lessee is moved to a permanent location shall be computed at $1.25 per square foot per month for 57 square feet of counter space for a total of $74.81 per month; including tax. Upon completion of Lessee's move to a permanent location through June 30, 1984, rental shall be computed at $1.25 per square foot per month for 100 square feet of counter space for a total of $131.25 per month, including tax. If the annual rent exceeds $2,400, then the Lessee may opt at the time of the execution hereof or at the beginning of each new Lease year to pay rent in equal monthly installments, payable in advance on or before the first day of July and on or before the first of each month thereafter. 3. In addition to the rents specified above, the Lessee agrees to pay to the appropriate parties all levies, assessments, and charges as hereinafter provided: (a) Sales tax now enforced or levied in the future computed upon rent payable in monthly Installments whether rent is paid on a monthly or yearly basis. (b) Interest at the rate of eight percent (8%) per annum and ten percent (100) penalties of any amount of money owed under this Lease which is not paid on or before the date it becomes due. 1 LESSOR: LESSEES N TIM ROGERS CITY Of KENAI .oaxNo • 01, A"A 99611 281.1'19 toov.0244mr,E803 AMENDMENT TO LEASE That certain lease between the City of Kenai and ALCAN NORTHWEST, INC., d/b/a DOLLAR RENT ACAR, dated June 29, 1983, and recorded at Book 213, Page 231, for: Counter space, first floor, terminal building, Kenai Municipal Airport, as presently occupied is hereby amended to reflect that pursuant to Paragraph B of said lease, the term of the lease shall be extended to June 30, 1985; and further to include Schedule A as amended, attached hereto. LESSOR: CITY OF KENAI By: ' m. RA rig n City anager LESSEE: STATE OF ALASKA ) )as THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this jot day ofLL�� _, 1984, Names 3 vft W. T1toA.at; , Tit e: ProagAaaf- , of ALCAN NORTH , INC., a D LAR RENT AZ , being personally known to me or having produced satisfactory evidence of ti,,���""'' identification, appeared before me and acknowledged th#•0volujtsry and authorized execution of the foregoing instrument gn,•; "of„ said corporation. N(Aary Public —For AiPSW .as,.-•v;(�u�';' My Commission Expire",'-,•5�: : 8 ,,.•��� J STATE OF ALASKA ) ss THIRD JUDICIAL DISTRICT ) //// THIS IS TO CERTIFY that on this I'o 4 day of y , 1984, WILLIAM J. BRIGHTON, City Manager of the City of Kenai, Alaska, being personally known to me or having producSq,,;,, satisfactory evidence of identification, appeared Oe• �.a and acknowledged the voluntary and authorized execute. ,.. a,�; foregoing instrument on behalf f said City. 1 Dn o ary u c or. 31aahe My Commission Expl��: ''• �iitttttt���' 1 N i 7U � e I TIM ROGEj.RS CITY AttoRNiY CITY of KENAI •osox ea 91". ALASKA 99611 283.7539 1106f 0244P'rE 804 SCHEDULE A Lease dated the day of , 1984, between the CITY OF KENAI, a home -rule municipa corporation o *Wlaska, hereinafter called "CITY" and ALCAN NORTHWEST, INC., d/b/a DOLLAR RENT A CAR, LESSEE. 1. In addition to the rents specified on the per square foot basis, LESSEE agrees to pay to the CITY an additional charge of ten percent (10%) of LESSEE'S gross receipts on a monthly basis for the privilege of conducting businesses authorized herein. 2. The term "Rent-A-Car Business" as used in this agreement, shall mean the business of renting passenger cars and trucks for periods of time not in excess of sixty (60) days. Each rental transaction shall be by a separate agreement, and any extension of use by the renter of the period of time originally contracted for shall be considered a separate rental transaction. The Contractor shall furnloh I o the Airport Manager, audi' the block of contract numbers that will be uaed for car renfai agreerlio. covering business originating at the Kenai Municipal Airport, and shall further advise the Airport Manager when additional contract numbers arc assigned for the Airport operations. 3. Gross receipts of the rent -a -car business shall include, but are not limited to, the total amount of the time and mileage charges and sales of insurance on car rental transactions, but shall exclude reimbursement for vehicular damange and fuel. 4. All payments shall be made monthly within ten (10) days after the end of each month; and shall be accompanied by a separate certified statement showing gross receipts from each of the businesses herein authorized for the month for which payments are made. If any such certified statements are found to be incorrect statements of gross receipts for the month involved, any additional amount determined to be due the CITY shall be immediately paid to the CITY by the Contractor and any amount of overpayment by the Contractor shall be credited against the next monthly payment due the CITY under this agreement. 6. The purposes for this lease are as follows: (a) The right to conduct a business on and from the Airport for car rentals and sale of personal accident insurance. (b) The right to conduct the business of making arrangements for hunting and fishing trips, for air taxi services, for charter flights, for rent -a -plane services, for motel and hotel reservations, and for long distance telephone and telegraph services. (c) To occupy counter space in an area and in a size designated by the Airport Manager. Such counter to be constructed by the Contractor with size and design to be approved by the Airport Manager. Such space shall not be used for any other purpose except pursuant to a separate agreement for authorization from the CITY. (d) The right to use parking space for ten (10) vehicles at spaces in parking areas as designated by the Airport Manager. (a) If LESSEE requests additional parking spaces and if the Airport Manager is able to provide additional spaces, such spaces will be billed at $20.00 per space per month. -34--- 0 1 1 d 1 g 1 K�N�t DI c Ti: , An ZB 9 52 AH 184 REGUESTEDbr�T ADDRESS 1 LESSOR: LESSEE• f3 &j(2LL- PAGEL LEASE OF AIRPORT FACILITIES THIS AGREEMENT, entered into this %i- day of•�J ,s1983, by and between the CITY OF KENAI, City Hall, P. 0. Box 580, Kenai, Alaska 99611, a home -ruled municipal corporation of Alaska, hereinafter called "City", and RAVEN TRANSIT, INC., c/o Doug Haynes, P. 0. Box 6067, Anchorage, Alaska 99502, hereinafter called "Lessee". That the City, in consideration of the payments of the rents and performance of all the covenants herein contained by the Lessee, does hereby demise and lease to the Lessee the following described property in the Kenai Recording District, State of Alaska; to wit: Counter space, t Floor. T• rminnI R-i i1 '1 Municipal Airport, as .assignee ::y r;,u- A. and previously agreed to by Lessee. A. PURPOSE: The purpose for which the Lease is issued is: Counterspace for bus and limousine service and freight forwarding service. S. TERMs The term of this Lease is for 1 year and 1-1/2 months, commencing on the 16th day of May, 1983, to the 30th day of June, 1984. C. RENTAL PAYMENT: The rental specified herein shall be payable as followes 1. Right of entry and occupancy is authorized as of the 16th day of May, 1983. 2. Rental for the period May 16, 1983 through June 30, 1983 shall be computed at $1.10 per square foot per month for 42 square feet of counter space for a total of $72.76, including tax for this 1-1/2 month period. Rental for the period July 1, 1983 until Lessee is moved to a permanent location shall be computed at $1.25 per square foot per month for 42 square feet of counter space for a total of $55.12 per month; including tax. Upon completion of Lessee's move to a permanent location through June 30, 1984, rental shall be computed at $1.25 per square foot per month for 100 square feet of counter space for a total of $131.25 per month, including tax. If the annual rent exceeds $2,400, then the Lessee may opt at the time of the execution hereof or at the beginning of each new Lease year to pay rent in equal monthly installments, payable in advance on or before the first day of July and an o before the first of each month thereafter. 3. In addition to the rents specified above, the Lessee agrees to pay to the appropriate parties all levies, assessments, and charges as hereinafter provided: (a) Sales tax now enforced or levied in the future computed upon rent payable in monthly installments whether rent is paid on a monthly or yearly basis. (b) Interest at the rate of eight percent (8%) per annum and Len percent (10%) penalties of any amount of City ATrORI*Y money owed under this Lease which is not paid on or CITY Of KENAI before the date it becomes due. r o Sox tM NA1, ALASKA 9%11 469 7539 1 LESSORS LESSEE: •• :� 11 TIM ROGER8 MY AffORNIV CITY Of KENAI x o Box so rHJM, MAW 9%11 ?i 75" V AMENDMENT TO LEASE That certain lease between the City of Kenai and RAVEN TRANSIT, INC., dated August 1, 1983, and recorded at Book 217, Page 127, for: Counter space, first floor, terminal building, Kenai Municipal Airport, as presently occupied is hereby amended to reflect that pursuant to Paragraph B of said lease, the term of the lease shall be extended to June 30, 1985; and further to include Schedule A as amended, attached hereto. LESSOR: LESSEE: CITY OF KENAI By:�g%Q - _n a f.- m. ri 4Aton City-14anager Name to STATE OF ALASKA ) )Ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this Asy of , '4084,,Name s , Tit e: , of RAVEN'TRANSI ,INC., a ng p rsonally known o me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary Lad authorized execution of the foregoing instrument on behalf of said corporation. % J t t e ..f�� 'o ary Pti-h-lic folt, AlaSk ` My Commission Expires: LAW � STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this IgAll day of 1984, WILLIAM J. BRIGHTON, City Manager of the City of Kenai, Alaska, being personally known to me or having produced satisfactory evidence of identification, appeared befp!re: me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf gf said City. Notary Public for Alaska My Commission Expires: 1 i 1 - . iJ ' 9 SCHEDULE A Lease dated the day of , 1984, between the CITY OF KENAI, a home -rule municipal corporation of Alaska, hereinafter called "CITY" and iRAVEN TRANSIT, LESSEE. 1. In addition to the rents specified on the per square foot basis, LESSEE agrees to pay to the CITY an additional charge of ten percent (100) of LESSEE'S gross receipts on a monthly basis for the privilege of conducting businesses authorized herein. 2. The term "Rent-A-Car Business" as used in this agreement, shall mean the business of renting passenger cars and trucks for periods of time not in excess of sixty (60) days. Each rental transaction shall be by a separate agreement, and any extension of use by the renter of the period of time originally contracted for shall be considered a separate rental transaction. The Contractor shall furnish to the Airport Manager, for auditing purposes, the block of contract numbers that will be used for car rental agreements covering business originating at the Kenai Municipal Airport, and shall further advise the Airport Manager when additional contract numbers are assigned for the Airport operations. 3. Gross receipts of the rent -a -car business shall include, but are not limited to, the total amount of the time and mileage charges and sales of insurance on car rental transactions, but shall exclude reimbursement for vehicular damange and fuel. 4. All payments shall be made monthly within ten (10) days after the end of each month; and shall be accompanied by a separate certified statement showing gross receipts from each of the businesses herein authorized for the month for which payments are made. If any such certified statements are found to be incorrect statements of gross receipts for the month involved, any additional amount determined to be dues the CITY shall be immediately paid to the CITY by the Contractor and any amc.mt of overpayment by the Contractor shall be credited against the next month..y payment due the CITY under this agreement. 6. The purposes for this lease are as follows: (a) The right to conduct a business on and from the Airport for car rentals and sale of personal accident insurance. (b) The right to conduct the business of making arrangements for hunting and fishing trips, for air taxi services, for charter flights, for rent -a -plane services, for motel and hotel reservations, and for long distance telephone and telegraph services. (c) To occupy counter space in an area and in a size designated by the Airport Manager. Such counter to be constructed by the Contractor with size and design to be approved by the Airport Manager. Such space shall not be used for any other purpose except pursuant to a separate agreement for authorization from the CITY. (d) The right to use parking space for ten (10) vehicles at spaces in parking areas as designated by the Airport Manager. (e) If LESSEE requests additional parking spaces and if the Airport Manager is able to provide additional spaces, such spaces will be billed at $20.00 per space per month. TIM ROGERS MY AnOMY CITY Of KENAI 1 r o sox go LESSOR: KENAs, ALWA 9%11 LESSEE: �es�s3v T,TT l� ei 125N. WILLOW I: ;06%05161740 a MAY1988 CO Vz • m 'C/1Yq�MttV ro OE6O�ZL29 May 17, 1985 Mr. Bill Brighton Kenai City Manager 210 Fidalgo Street . Kenai, Alaska 99611 Dear Sirs Attached is a memo from our attorney, Rick Baldwin, outlining some some of our objections to the City•s R.F.P. at the Kenai Terminal. Thank you for your consideration. Sincerely, SOQTiiCENTRAL AIR, INC. f,ri l t Cn4 J President I � i VL/dk ccs Randy Ernst Enclosure Charter • Commuter - Air Freight - Pickup 8 Delivery Phone t907) 283.7064 r� 1 Hj _ _ _ _ _ _ _ n-J "_ .—wG.l_, —mua. _.. _..r �• ..._.e+�Y�--r_vr. r_ _ .w.�-ate C. R. BALDWIN ATTORNEY P. O. Box 4210 KENAI. ALASKA 99611 TELEPHONE (907) 263-7167 MEMORANDUM Subject: Contract Documents Relating to Kenai Municipal Airport Terminal Space Date: May 10, 1985 Tot SouthCentral Air, Inc. From: C. R. Baldwin I have reviewed the above referenced Contract Documents and find them to be objectionable in the following respects: 1. Competitive bidding is inappropriate under the circumstances. At the present time only three scheduled air carriers operate in and out of the Kenai Municipal Airport of Kenai and they are utilizing only three of the five counter spaces available. Since no competition for counter space exists there is no need for creating a mechanism to allocate space. The City is in a position to determine the value of its terminal space and to charge accordingly so a competitive bidding scheme is unnecessary to set the market price for the counter spaces. Even if there were more carriers vying for available counter space than there is space available, a system of competitive bidding is an inappropriate mechanism for allocating municipal airport terminal counter space among them. Such a mechzniz:i completely ignores a carrier's past history, �r service, future ability to perform, and contributions to the health of the community's economy from wages and taxes. Positing the worst case, it is conceivable that the most reliable carrier who provides the best service and the most convenient schedules, and who contributes the greatest actual dollar value to the economy of the City, could be forced out of the terminal in the event that it failed to outguess the other bidders in a sealed bid competition for available space. An offer of space based upon sealed bids would favor the larger, subsidized carriers over the smaller unsubsidized carriers. It is not unusual in the transportation business for a carrier to make investment decisions which in the short term appear to be uneconomical in order to gain a long tern advantage. Historically this has been manifested in rate wars but it could also manifest itself in a competitive bidding -1- scheme where the possibility existed to gain an advantage over over a longer period of time than can the smaller carrierZ; therefore, the larger carriers would be in a position to tid higher for available space in the terminal building on the chance that an advantage over the competition could be gained. One reason for a carrier to bid more than the market value of the space might be to obtain counter space which may be more visible. Another reason might be to cause the competition to incur expenses incident to moving equipment, computer terminals, and signs. It is important to note that it is easier for the larger carriers to enter and to exit the Kenai market. Historically the larger carriers have not demonstrated a commitment to serve the local market on a continuous basis. It does not appear to be in the long term interest of the City to unnecessarily give the larger, Anchorage or outside based carriers an opportunity to gain a competitive advantage. The end result of a competitive system of bidding for terminal space will be higher rates for the traveling public. Costs of doing business are not absorbed by companies which hope to remain viable in the future. They are passed on to the consumer. A company which ignores this principle will not survive in such a highly competitive market. Therefore, the end result of any action by the City which causes increased operating costs to a carrier operating out of its municipal airport will be reflected in the rates which are charged the traveling public. It is not in the best interest of the City to set a precedent whereby competitive bids decide which carriers will occupy terminal space in the future. 2. It is uneconomical and inefficient to require existing carriers to trade places with each other on the basis of sealed bids. Under the nrononed Invitation For nits" tu^ three carriers may find themselves involved in a game of musical counters. SouthCentral Air, for example, has gone to great deal of expense in installing computer terminals, installing an expensive logo on the ::all and making the counter an attractive work area. It would be economically wasteful to require SCA to change counters with another bidder simply because that bidder may have bid a few cents higher for its lease. The costs of the move would be passed on to the consumer -2- i i r and the entire scheme would act as a disincentive toward the making of future additional significant expenditures in the new quarters. The traveling public clearly would be inconvenienced during the time that the carriers were switching places. One can imagine the confusion in the minds of the traveling public who, being accustomed to going to the counter of their preferred carrier, would go to that carrier's counter and find themselves purchasing tickets on a competitor who had not yet removed the sign of the displaced carrier. 3. The requirement of a bid deposit in the amount of $5,000.00 is unrealistically high. The total annual monthly rent payment is anticipated not to exceed $650.00 under prices which approximate the proposed lease rate. While a deposit by a tenant of a month's rent is not unusual, a deposit of over 7 1/2 times the monthly rental rate is unreasonable. 4. Much of the information required by the Bid Questionaire appears to be unnecessary given the nature of the transaction. Information regarding the names of the shareholders of a corporate lessee and the amount of stock owned by the individual shareholders is irrelevant in assessing the ability of a corporation to perform under the lease. Shareholders are not liable for the debts of a corporation, nor do they have any right as shareholders to affect the management decisions of the corporation. Purther, since shares of a corporation may be freely bought and sold, a shareholder on the date of the execution of the lease may have no interest in the corporation six months later. It is unheard of in commercial dealings, for a party extending credit to require an officer, agent, or direct -or of - corporation to guarantee the debt of the corporation. The =act that one holds a corporate office does not give that indi-. an equity interest in that corporation. To require the corporate officers or directors to guarantee corporate debt is :r City Managers or department heads to guarantee municipal debt. Oniy shareholders (who may or may not be officers or directors) have an equity interest in a corporation, and it is by virtue of their status as shareholders that they would have any reason to agree to guarantee corporate debt. Given the fact that the City apparently intends to require a deposit from its Lessees, and given the relatively insubstantial amounts of money which are at stake, there appears to be little reason to require shareholder guarantees in the present instance. Also, given 't.1 the di arse natures of the respective lessees, -: . . questions as to whether a policy of requiring shareholders of corporate lessees to guarantee terminal lease space can be applied by the City in a non-discriminatory manner. The bid documents suggest that the City may not requi-q the guarantees of the agents, officers, directors, and stockholders of all the applicants. If this concern is subsequently determined to valid, then I believe that a clear case of discrimination can be established. such discrimination is prohibited in the terms of the grants given the City by the FAA and may form a basis for the withholding of future grant funds by the FAA. Obviously this would not be in the interest of either the carriers or the City. 5. There does not appear to be any valid reason for the City to inquire as to operating experience and financial strength of applicants for terminal counter space. Each carrier operating on a scheduled basis from the municipal airport has undergone scrutiny by one or more state or federal regulatory agencies and holds some type of operating authority. An additional layer of bureaucratic scrutiny does not appear to be either necessary or desirable. For the City to be entitled to inquire into a carrier's finances, it needs a reason. Assuming that a carrier possesses operating authority to do so, it has a right to operate from the terminal without passing an arbitrary financial fitness test established by the City. Since the City cannot deny a carrier the right to operate from the airport on the basis of financial criteria, the City has no reason to make inquiry into a carrier's finances. -4- 16 . J b u � � r r '.1 I 1 MEMO TOs KENAI CITY COUNCIL. FROM: CHARLES A. BROWN, FINANCE DIRECTOR DATES MAY 16, 1985 SUBJECT: AIRPORT TERMINAL SPACE RENTAL RATES YOU ASKED THAT I REVIEW COSTS OF THE AIRPORT TERMINAL TO HELP YOU EVALUATE THE PROPOSED RENTAL RATES. I SEE TWO APPROACHESs 1. EVALUATE EACH SPECIFIC COST (UTILITIES, JANITORIAL, OPERATING SUPPLIES, ETC.) ON A SQUARE FOOT BASIS, THEN ADD THESE COSTS, OR 2. EVALUATE COSTS ON A TOTAL —COST BASIS. FRANKLY, I ATTEMPTED METHOD #19 AND IT QUICKLY BECOMES A MEANINGLESS EXERCISE. I CAN'T ALLOCATE UTILITIES, FOR INSTANCE, BETWEEN RENTED AND NON —RENTED AREAS. LET'S TRY METHOD H2. THE TOTAL PROPOSED BUDGET FOR 1985-86 IS $22990009 WHICH INCLUDES A $589669 CONTINGENCY. THE RENTED SPACE AMOUNTS TO ABOUT 49450 SO. FT., EXCLUDING THE BAR AND RESTAURANT. THE PRINTOUT ON THE REVERSE SIDE SHOWS THREE CALCULATIONS. THE FIRST COLUMN IS WITH THE CONTINGENCY, AND TAKES INTO ACCOUNT THE $27,000 OF EXPECTED INTEREST INCOME INTO THE FUND. ONE COULD ARGUE THAT INTEREST INCOME SHOULD NOT BE USED IN CONSIDERATION OF NEEDED REVENUE FROM RENTERS TO SUPPORT THE TERMINAL BUILDING, EVEN THOUGH IT IS TAKEN INTO ACCOUNT IN BALANCING THE BUDGET. IN THAT CASE, GO TO THE SECOND COLUMN, WHICH INCLUDES THE CONTINGENCY, BUT DOES NOT REDUCE NEEDED REVENUE BY THE AMOUNT OF INTEREST INCOME. THE THIRD COLUMN IS SIMPLY TO SHOW YOU WHAT IS REQUIRED IF WE -HAD NO CONTINGENCY. IT APPEARS TO ME THAT THE SECOND COLUMN, THE $1.64 PER FOOT PER MONTH IS THE MOST REASONABLE CALCULATION. ITs 1. TAKES INTO ACCOUNT ALL COSTS, INCLUDING A SUBSTANTIAL CONTINGENCY. 2. REDUCES NEEDED REVENUE BY ALL TERMINAL —GENERATED REVENUE. = j 3. EXCLUDES THE BAR AND RESTAURANT FROM THE CALCULATION ( BECAUSE THEY ARE UNDER FIXED LEASE RATES. ON A FINAL NOTE, THERE WAS SOME DISCUSSION OF A REPAIR AND REPLACEMENT RESERVE. IN EFFECT, WE HAVE ONE. FIRST, THERE IS THE $589669 CONTINGENCY, WHICH IS 34% OF THE BUDGET (EXCLUDING THE CONTINGENCY). SECOND, THE FUND HAS ABOUT $2109000 OF t UNRESTRICTED CASH THAT COULD BE USED FOR ANY PURPOSE RELATED TO THE AIRPORT TERMINAL. • I j TOTAL OPERATING COSTS CONTINGENCY LESS REVENUE_ FROMt INTEREST' INCOME CAR RENTAL. COMMISSIONS VENDING FEES PENALTY & INrERF_ST RENT —BAR & RESTAURANT REVENUE NEEDED FROM RENTED SPACE RENTED SG.FT. (EXCL. BAR & REST) MONTHS PRICE PER FOOT COL. 1 COL. 2 COI.. 3 WITH WITH WITHOUT CONTINGENCY CONTINGENCY CONTINGENCY (SUBTRACTING INTEREST) i 229 000 229 000 2*9 000 — 58, 669 —27,000 —709000 —70,000 —709000 —39000 —39000 —39000 —4,000 —4,000 —49000 —64,500 —64,500 —64,500 609500 879500 289831 49450 49450 49450 12 12 12 1.13 1.64 0.54 'ITV 0GEA� A 1 �%Od ed,eaW 4 4"„ 210 FIDALaO KENAI, ALASKA M" TELEPHONE 283.7535 r May 17 , 1985 MEMORANDUM TO: Mayor Wagoner and Kenai City Co cil FROM: Randy Ernst, Airport Manager RE: Review of Airport Leases 'C Listed below you will find lease rates for terminal space in various cities in Alaska as requested by Council May 14, 1985. Anchorage 1. $1.76/sq.ft./month for all terminal lease space. 2. Car rental agencies pay 10% of gross sales over and above square footage charge with a $1,000.00/month minimum. 3. Limo or bus services are charged a flat 10% of gross and no square footage charge, due to limo and bus services sharing the same counter. 4. All leases are currently on a month -to -month basis, since the leases expired 18 months ago. Proposed term on new leases is 3-5 years. Juneau 1. $1.83/sq.ft./month for terminal lease spaces. 2. Car rental agencies pay 10% of gross sales plus square footage rate. 3. Lima or bus services: 1-5 passengers: $ 90.00/year 6-16 passengers: $120.00/year 17+ passengers: $150.00/year No square footage rate. 4. All leases are currently on a month to month basis, since the leases expired four months ago. Proposed term on new leases is 5 years. Ketchikan 1 . Office Space $1 .44/so. "l- ../m^nth _,/ s4.rt./month Ticket Counters $1.85/sq.ft./month 2. Car rental agencies pay only square footage rate. 3. No limo or bus service. 4. Lease terms are one year with five year option. Soldotna 1. Office Space $3.00/sq.ft./month ($1,000 highest) 2. No commission from car rental agencies. 3. No limo or bus service. 4. Year to year leases. (Planning on re -vamping the whole lease structure in near future) They have two airline counters and one car rental agency. Fairbanks 1. $1.77/sq.ft./month for terminal lease space. 2. Car rental agencies pay 10% of gross with $1,000/month minimum. 3. Limo/bus service is flat 10% of gross, no square footage charge. 4. Lease terms are three and five years. RE/dg LESSEE NAME Alaska Aeronautical Industries ERA Helicopters SouthCentral Air Alaska Rent A Car (Avis) Alaska Sales & Service (Nat'l) DAR, Inc. (Dollar) Hertz Corp. Raven Transit, Inc. Cheepie Auto Rental Penny's Travel FAA Sandra Daniels (Runway Lounge) Peninsula Savings & Loan Concorde Restaurant Alaska Outdoor Services Assembly of God Church Beluga Realty Fred Braun Sport Shoppe City Cab Uptown Motel D & H Enterprises Designer Realty Freebird Charter & Fish Camp Haircutters High Spirts Home Brewing Kenai Merit Inn Lyndon Transport Malston's, Inc. Peninsula Classics Dan Pitts Pizza Paradisos Red Carpet Redoubt Realty ****************** C = Counter Space O = Office Space a AREA LEASED LEASE RATE/YR SQ. FOOTAGE Office & Counter Space $ 9,108.00 C-160,0-4+)0 Office & Counter Space $ 6,375.60 C-112,0-2uo Office & Counter Space $ 6,603.24 C-116,0-290 Counter Space $ 1,500.00 C-100 Counter Space $ 1,500.00 C-100 Counter Space $ 1,500.00 C-100 Counter Space $ 1,500.00 C-100 Counter Space $ 750.00 C-50 Counter Space $ 750.00 C-50 Office Space $ 1,995.00 0-13"3 Office Space $32,775.00 0-2,375 Bar Area & Restrooms $49,200.00 0-1,100 Floor Space -Auto Teller $ 1,100.00 0-37 Restaurant Area $15,288.00 O-1,s20 Poster $ 200.00 Poster $ 200.00 Poster $ 200.00 Poster $ 200.00 Poster & Direct Line $ 250.00 Poster & Direct Line $ 250.00 Poster $ 200.00 Poster $ 200.00 Poster $ 200.00 Poster $ 200.00 Poster $ 200.00 Posters (2) & Direct Line $ 450.00 Poster $ 200.00 Poster $ 200.00 Poster & Direct Line $ 250.00 Poster $ 200.00 Poster $ 200.00 Poster $ 200.00 Suggested by: Administration CITY OF KENAI RESOLUTION NO. 85-52 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ESTABLISHING TERMINAL LEASE RATES AND A FEE SCHEDULE FOR FISCAL .YEAR 1985-86. WHEREAS, annually there is a review of the lease and fee rates for the Kenai Municipal Airport Terminal, and WHEREAS, the following rates and fees have been reviewed and found to be economically sound. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following minimum lease rates/fee schedule beginning July 1, 1985 is adopteds Lease Space - includes all counter - public service areas, office space with custodial service, and work areas $1.35/sq. ft./mo. Airline baggage area use fee (Baggage build-up, claim, conveyor belt areas) 15% of space rental Commission -vehicles for hire and related operations 10% of gross Poster space $200/year Telephone with poster $250/year Other fees as negotiated and approved by Council. Spaces that are leased on a bid basis shall be charged based upon successful bid and the above rates will not be applicable. PASSED 8Y THE COUNCIL OF THE CITY ui- A'L`JAI, ALASKA thin hth day of June, 1985. Tom Wagonert Mayor ATTESTS Janet a an, C ty Clark Approved by Finances Subgentod bys Adminiotratiun CITY OF KENAI RESOLUTION NO. 84-60 A RESOLUTION OF THE COUNCIL OF THE, CITY OF KENAI, ALASKA, ESTABLISHING TERMINAL LEASE RATES AND A FEE SCHEDULE FOR FISCAL YEAR 1984-85. WHEREAS, annually thoro io a roview of the loaao and Poe rates for the Kenai Municipal Airport Torminal, and WHEREAS, the oxiating rotes and Yoon have boon reviewed and found to be economically oound. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following minimum loaoe rate/fee achedulo beginning July 1, 1964 io adoptods Lease Space Counter -Public Service Areas $1.25/sq. ft./mo. Office Space With Custodial Service ;1.15/sq. ft./mod Without Custodial Service 1.00/sq. ft./Mo. Work Area Without Custodial Service ; .85/sq. ft./mo. Airline Baggage Area Use Fee (Baggage Build-up, Claim, Conveyer Belt Areas) 155 of space rental Commission -Rental Care 6 Related Operations 10% of gross Poster Space ;200/year Telephone with Poster ;250/year Other fees as negotiated and approved by Council. I I F. 0 f� Reso. 84-6U Page 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 6th day of June, 1984. OWAGONER, MAYp ATTEST: %-" a'xj Fry Vn Dora, Deputy -City Clerk Approved by Finance: tci i i 1 1 I I� M � I k SUBSTITUTE Suggested by: Attorney CITY OF KENAI ORDINANCE NO. 1037-85 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ESTABLISHING KENAI MUNICIPAL CODE CHAPTER 14.25 ENTITLED LANDSCAPING REGULATIONS. WHEREAS, there are currently no requirements for the retention of vegetation or landscaping of commercial properties in the City of Kenai, and WHEREAS, such vegetation or landscaping serves to visually enhance the City's appearance, maintain or increase property values, and reduce erosion and storm runoff, and WHEREAS, the Kenai Advisory Planning & Zoning Commission has pursued the development of certain landscaping regulations which meet this stated purpose, and WHEREAS, the Commission, upon numerous meeting discussions, workeessions, and public hearings conducted on March 13th, 27th, and April 10, 1985 has recommended the adoption of the proposed landscaping regulations, and WHEREAS, the Council finds that enactment of these landscaping regulations will result in the enhancement of the City's commercial area without adversely impacting business growth and development. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that Kenai Municipal Code Chapter 14.25 entitled Landscaping Regulations is hereby enacted as followss Chapter 14.25 LANDSCAPING REGULATIONS 14.25.010 Intents It is the intent of this section to provide for landscaping and/or the retention of natural vegetRttan in conjunction with commercial development within the City of Kenai. The general purpose of landscaping is to visually enhance the city's appearance, maintain or increase property values, and reduce erosion and storm runoff. N �J is 71�1 14.25.020 Application: This section shall apply to all commercial development within the City of Kenai. "Commercial development" shall be defined as any improvements requiring a building permit for new construction located on properties within the Central Commercial (CC) and General Commercial (CG) zoning districts. 14.25.030 Landscaping Plan - Submittal Requirements: Three (3) copies of the landscaping plan shall be submitted to the Building Official in conjunction with a request for building permit in compliance with this section. The landscaping plan shall be prepared at a minimum scale of 1" a 20'; and shall include the following information: (a) Common and scientific name of the planting materials to be used in the project (b) Typical planting details (c) Location of all planting areas and relationship to buildings, parking areas, and driveways (d) Identification and location of existing vegetation to be retained (a) Identification and location of non -living landscaping materials to be used (f) Identification of on -site snow storage areas (g) Drainage patterns 14.25.040 Landscapir g Plan - Performance Criterin: (a) Objectives An effective landscaping plan should utilize a variety of techniques for achieving the intent of this ordinance. The appropriate placement or retention of vegetation in sufficient amount will provide the best results. Perimeter, interior, and parking lot landscaping [MAY] should be included as components of the overall landscaping plan. (b) Perimeter Landscaping Perimeter landscaping involves the land areas adjacent to lot lines within the property boundary. This buffer landscaping serves to separate and minimize the impact between adjacent land uses. Buffer landscaping may be 'r I r M denialonq the pertfnPt . -c .,,,.,,,.r, . f.^ shield vehicular or building lights from adjacent structures and to provide a visual separation between pedestrians and vehicles. (c) Interior Landscaping Interior landscaping involves those areas of the property exclusive of the perimeter and parking lot areas. Interior landscaping is desirable to separate uses or activities within the overall development. Screening or visual enhancement landscaping is recommended to accent or complement buildings, to identify and highlight entrances to the site, and to provide for attractive driveways and streets within the site. (d) Parking Lot Landscaping Parking lot landscaping involves the land areas adjacent to or within all parking lots and associated access drives. Parking lot landscaping serves to provide visual relief between vehicle parking areas and the remainder of the development. It also is desirable for the purpose of improving vehicular and pedestrian circulation patterns. (a) Maximum Required Landscaping The Landscaping Review Board shall not require more 14.25.050 Landscaping Review Boards (a) Membership, Qualifications, Terms, and Rules The Landscaping Review Board shall consist of not less than seven members who shall serve without pay. Members shall be appointed by the Mayor and confirmed by the Council. Members shall be appointed for a term of three years, excepting the initial members who shall be appointed for a one, two, or three year term. The Board shall elect a chairman, vice-chairman, and clerk. A majority of the membership shall constitute a quorum for the purpose of transacting business. (b) Meetings and Proceedings The Board shall meet to review and take action on a landscaping plan within fourteen (14) days of satisfactory submittal to the Building Official. The Building Official shall [BE AUTHORIZED TO] issue a building permit upon approval of the associated T/ landscaping plan by the Board or the expiration cf 14 days without official Board action. Any appeal of the action of the Board shall be submitted in writing to the Kenai City Council. 14.25.060 Security Agreement All required landscaping as presented in the approved landscaping plan shall be installed prior to the issuance of the Certificate of Occupancy by the Building Official. The Building Official shall make the final inspection to verify the completion of the required landscaping. In the event that the landscaping has not been completed upon request for the Certificate of Occupancy, the Building Official may entertain application for a one-time term orar nine 9 month Certificate of Occupancy which shall be subject to approval by the City Council. LTHE DEVELOPER SHALL SUBMIT A CASH ESCROW OR POST A PERFORMANCE BOND WITH THE CITY OF KENAI AS A PREREQUISITE TO OBTAIN SAID CERTIFICATE. THE REQUIRED ESCROW OR BOND SHALL BE SUBMITTED IN AN AMOUNT EQUAL TU 1W0 PERCENT (2e) OF THE BUILDING PERMIT VALUE. THE DEVELOPER SHALL COMPLETE THE REQUIRED LANDSCAPING WITHIN NINE (9) MONTHS OF ISSUANCE OF THE CONDITIONAL CERTIFICATE OF OCCUPANCY.] [IF LANDSCAPING IS NOT COMPLETED WITHIN THE NINE (9) MONTH PERIOD, THE CONDITIONAL CERTIFICATE OF OCCUPANCY SHALL BE REVOKED.] 14.25.070 Definition - Landscaping: "Landscaping" means the treatment of the ground surface with live planting materials, including but not limited to, trees, shrubs, grass, ground cover or other growing horticultural material. Other materials such as wood chips, stone, or decorative rock may also be utilized. A list of recommended landscaping materials shall be provided by the City of Kenai. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this ? day of ?, 1985. ATTESTs Janet Whelan, City Clerk i TOM WAGONER, MAYOR First Readings May 1, 1985 Second Readings ? 1985 Effective Dates ? 1985 • r z�: 1 ,11►► CITY OF KENAI eapddl a j A"" t , 210 FIDALGO KENAI, ALASKA 9O611 - - -- TELEPHONE283.7635 NOTICE OF WORK SESSION There will be a work session on Tuesday, May 21, 1985 at 7s00 PM in the Council chambers. To be discussed: Car Rental and Charter Plans Leases in Airport Terminal Building Oa ly Janet Whelan ' City Clerk ` DATEDs I i �1 May 6, 1985 .I �y ` Jr ,• � I � I �� t r� 'i Y»»• v I Suggested by: Administration CITY OF KENAI RESOLUTION NO. 85-52 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ESTABLISHING TERMINAL LEASE RATES AND A FEE SCHEDULE FOR FISCAL YEAR 1985-86. WHEREAS, annually there is a review of the lease and fee rates for the Kenai Municipal Airport Terminal, and WHEREAS, the following rates and fees have been reviewed and found to be economically sound. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following minimum lease rates/fee schedule beginning July 1, 1985 is adopted: Lease Space - includes all counter - public service areas, office space with custodial service, and work areas $1.35/sq. ft./mo. Airline baggage area use fee (Baggage build-up, claim, conveyor belt areas) 15% of space rental Commission -vehicles for hire and related operations 10% of gross -_- -- Poster space $200/year Telephone with poster $250/year Other fees as negotiated and approved by Council. Spaces that are leased on a bid basis shall be charged based 1 upon successful bid and the above rates will not be ,} applicable. T. i PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 6th day of June, 1985. Tom Wagoner, Mayor ATTEST: Janet Whelan, City Clerk Approved by Finance: 9 ! i 1 d. I 4 f � OFFICE/COMMERCIAL SPACE Name Type Lease Rate Utilities Janitorial Willow Prof. Center Office $1.25/sq.ft. Not Included Not Included Willow Street Shopping Ctr. Office $1.25/sq.ft. Not Included Not Included Benco Bldg. Office $1.28/sq.ft. Included Not Included Commercial $1.35/sq.ft. Included Not Included Tangent Bldg. Office $1.48/sq.ft. Unknown Not Included Carr's Mall Comm. Retail $1..50/sq.ft. Not Included Not Included a n r s, CITY OF KENAI - Oil G'dpiW 4 4"0'0' 210 FIOALGO KENAI, ALASKA 36611 TELEOKONE283.7535 May 16, 1985 TO: Wm. J. Brighton, City Manager FROM: Howard Hackney, Building Inspecto4� REs Landscape Ordinance At this time, I am not sure which direction the Landscape Ordinance is going to take next. It may contain a percentage requirement, or it may not. At the present time, there is no percentage requirement, and the landscape plan would be whatever a majority of the board agrees to with no guide lines. They could require the building to look like Buckingham Palace, or they could accept a load of sewer rock dumped on the front lawn. The "Submittal Requirements" state that the landscaping plan shall be prepared at a minimum scale of 1 to 20 and shall include among other things, the common and scientific names of planting materials. This means that practically no contractor or developer could do his own landscape plan. I am quite certain that neither the building inspector nor the board would be familiar with the scientific names either. The security agreement states in part that landscaping shall be installed prior to the issuance of the Certificate of Occupancy. If the landscaping is not completed, then the contractor shall submit a cash escrow or bond equal to 2 percent of the valuation of the building. The contractor shall complete the landscaping within nine months from the issuance of the conditional certificate of occu anc . ere aid Ens conditional certificate of occupancy come from? There is no criteria set up for the issuance of a conditional certificate of occupancy. The Building Code provides for a temporary certificate of occupancy which may be issued for the use of a portion of a building prior to the completion of the entire building. a r M 0 If the contractor completes the landscaping within the nine months, then I assume the 2 percent would be returned to him. Would it be returned with interest or would the City keep the interest? If the landscaping is not completed within the prescribed time, what happens to the 2 percent? Does the City keep it? The ordinance states that if the landscaping is not completed, again within the prescribed time, the conditional certificate of occupancy is revoked. Then what? If a contractor puts up a small office building with a valuation of $1,000,000 and could not do the landscaping because of the lateness of the year, he would be required to submit a cash escrow of $20,000 or a bond for that amount. In the spring, he presumably could not touch the $20,000 to do the landscaping, so would have to come up with an additional amount of money to do the landscaping before getting his $20,000 back. A couple of years ago, the Planning and Zoning Commission was appalled when they learned that building permit forms were used for sign code permits. When the sign code was redone, provisions were made for separate sign code permits. Section 102 of the Uniform Building Code reads, The purpose of this code is to provide minimum standards to safeguard life or limb, health, property and public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location and maintenance of all buildings and structures within this jurisdiction and certain equipment specifically regulated herein. Section 103 reads in part, The provisions of this code shall apply to the construction, alteration, moving, demolition, repair and use of any building or structure within this jurisdiction. Section 307 states in part that no building or structure shall be used or occupied and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until building official has issued a Certificate of Occupancy therefor as provided herein. Nowhere does the Building Code ever mention anything about the aesthetics of a building or grounds. If the City is determined to enact a landscaping ordinance, I would respectfully request that it not be tied to the Building Code permitting process nor to the certificate of occupancy requirements. HH/jet f .f� Suggested by: Administration CITY OF KENAI ORDINANCE NO. 1038-85 r AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE KENAI MUNICIPAL CODE TITLE 23 BY ADDING A PROVISION FOR SHIFT DIFFERENTIAL PAY FOR CERTAIN CITY EMPLOYEES. WHEREAS, the City believes that employees who work shifts { significantly different from the normal 8:00 a.m. to 5:00 p.m. shift should receive additional compensation due to inconvenience and disruption of their personal activities, and a WHEREAS, the City believes that employees who work 24-hour shifts should not be eligible for such pay because it is relatively i unimportant at what hour a 24 hour shift starts. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City of Kenai Code of Ordinances is hereby amended by adding a new section to be numbered 23.25.065 which shall read as follows: 23.25.065 Shift Differential Pays (a) Employees who are scheduled to work certain shifts explained below may be entitled to additional compensation. To be eligible, the scheduled shift must be for a period of less than 24 hours. In addition, the employee must be scheduled to work at least 75: of the hours in a monthly pay period in one or any combination of the shifts identified below. (b) Eligibly shift-; 7-d *ntee are: 1. Shift begins after Y:UG p.m. and before b:UU p.,,,. -- 2%. 2. Shift begins on or after 6:00 p.m. and before 3:00 (c) The above rates will be computed against Step A of the pay range of the employee. If determined to be eligible, the employee will receive the computed dollar amount for the j :i whole month. If ineligible, no shift differential pay will be allowed for that month. If the employee is eligible based upon a schedule of a combination of shifts, he will be paid at the rate corresponding to the majority of time r j worked. Shift pay is not to be considered in computing any .-'-; other compensation, such as overtime, annual leave, or s holiday pay. 1 (d) Shift pay will be allowed only upon approval of the City Manager when such work schedule is necessary for the benefit of the City. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of May, 1985. TOM WAGONER, MAYOR ATTESTS Janet Whelan, City Clerk First Reading: May 1, 1985 Second Reading: May 15, 1985 Effective Date: July 1, 1985 Approved by Finance: egg 2 } i SUBSilIUTE Suggested by: Administration CITY OF KENAI ORDINANCE NO. 1038-85 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE KENAI MUNICIPAL CODE TITLE 23 BY ADDING A PROVISION FOR SHIFT DIFFERENTIAL PAY FOR CERTAIN CITY EMPLOYEES. WHEREAS, the City believes that employees who work shifts significantly different from the normal 8:00 a.m. to 5:00 p.m. shift should receive additional compensation due to inconvenience and disruption of their personal activities, and WHEREAS, the City believes that employees who work 24-hour shifts should not be eligible for such pay because it is relatively unimportant at what hour a 24-hour shift starts. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City of Kenai Code of Ordinances is hereby amended by adding a new section to be numbered 23.25.065 which shall read as follows: 23.25.065 Shift Differential Pay: (a) Employees who are scheduled to work certain shifts explained below may be entitled to additional compensation. To be eligible, the scheduled shift must be for a period of less than 24 hours. In addition, the employee must be scheduled to work at least 75% of the hours in a monthly pay period in one or any combination of the shifts identified below. (b) Eligible shifts and rates are: 1. Shift begins after 2:00 p.m. and before 6:00 p.m. -- 2%. 2. Shift begins on or after 6:00 p.m. and before 3:00 a.m. -- 4%. (c) The above rates will be computed against Step A of the Pay range of the employee. If determined to be eligible, the employee will receive the computed dollar amount for the whole month. If ineligible, no shift differential pay will be allowed for that month. If the employee is eligible based upon a schedule of a combination of shifts, he will be paid at the rate corresponding to the majority of time worked. Shift pay is not to be considered in computing any other compensation, such as overtime, annual leave, or holiday pay. 1 (d) If all employees of the same class in a given Department rotate at the same time to a substantially different shift basis, the provisions of this section shall dt not apply. (e) Shift pay will be allowed only upon approval of the City Manager when such work schedule is necessary for the benefit of the City. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th day of June, 1985. TOM WAGONER, MAYOR ATTEST: Janet Whelan, City Clerk First Reading: May 14, 1985 Second Reading: June 5, 1985 Effective Date: July 1, 1985 Approved by Finance: i ti •• i 1 j , i i I IF , f 1 i Kenai Chamber of Commerce Box 497 Kenai. Alaska 99611 (907) 203-7989 RESOLUTION NO. 85-05 A RESOLUTION OF THE GREATER KENAI CHAMBER OF COMMERCE URGING THE KENAI CITY COUNCIL TO RECONSIDER AND INTRODUCE APPROPRIATE LEGISLATION RELATIVE TO "LOCAL BIDDERS PREFERENCE" ON CITY CONTRACTS FOR PURCHASES OF GOODS AND SERVICES. WHEREAS, the Kenai Chamber of Commerce represents the business interests of our community, and WHEREAS, local businesses provide for jobs, availability of goods and services and an economic base for the welfare of our citizens making Kenai a better community in which to live, and WHEREAS, the City of Kenai requires many services and goods through the bidding process, and, WHEREAS, consideration should be given to those local businesses who have added to the tax base and contributed to the excellent living conditions found in our community. NOW, THEREFORE BE IT RESOLVED BY THE DIRECTORS OF THE GREATER KENAI CHAMBER OF COMMERCE that the Kenai City Council is hereby urged to take positive steps in introducing appropriate legislation relative to "local bidders 4 preference" on City contracts for purchases of goods and services. PASSED BY THE DIRECTORS OF THE GREATER KENAI CHAMBER OF COMMERCE THIS 17th DAY OF MAY, 1985. ATTEST: Sue Carter, EXecutive Director FRED F. BRAUN, PRESIDENT CITY OF KENAI " d ea," o f 41"" 210 FIDALQO KENAI, ALASKA M11 TELEPMONE 283.78M8 MEMO TO: KRnai City Council FROM: Charles A. Brown, Finance Director eq Q DATE: April 10, 1985 SUBJECT: 1985/86 Annual Budget KMC 7.25.010 (d) says that the City Council must adopt the budget no later than June 10. Unless you want to hold a special council meeting, this means you must act on the budget no later than the June 5, 1985 regular council meeting. The proposed budget will be included in your April 17, 1985 council packet. In order to meet the adoption date of June 5, the budget ordinance must be introduced on May 15. So, your budget worksession(s) probably should be completed by, say, May S. In fact, some ordinances, dealing with pay, benefits, etc., will have to be introduced May 1, in order to be effective by July 1. So, I'd say that you have, roughly, between April 17 and May 8 to complete your budget worksession(s). I urge you to schedule a worksession as soon as possible. i 'iJ