HomeMy WebLinkAboutORDINANCE 0531-1979: '
CITY OF KENAI
ORDINANCE NO. 531-79
AN ORt+INANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA
AMENDING THF. LEASING OF AIRPORT LANDS ORDINANCE.
WHEREAS, the City pres~~ntly has an airport lands leasing
ordinance codified in 21.10.010, et seq of the Kenai Municipal
Code, and
WHEREAS, the codified code revision of this ordinance should
be amended to reflect certain additions within the body of
the ordinance contained in new airport lands leases which
were omitted from the pre-code airports ordinance and also
to insert sections of the pre-code airports lar.3s ordinance
which are not contained in *_he codified revision.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF
KENAZ, ALASKA, AS FOLLOWS:
Section 1: Title 21 of the Kenai Municipal Code is
hereby repealed and re-enacted in the form as attached
hereto and made a part hereof.
PASSED BY THE COUNCII+ OF THE CITY OF KENAI, ALASKA, this
6 th day of February, 1980. ~/~ ~
~~ ~ ~~~
VINCENT O REIL Y, MAY
ATTESTS (/
J et a an, C ty Cler
First Readings October 17, 1979
Second Reading: November 7, 1979
Third Reading: December 5, 1979
Fourth Readings January 16, 1980
Fifth Readingz rr^ebruary 6, 1980
Effective Date: March 6, 1980
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TI'PLE 21
CITX AIRPORT AND AIRPORT LANDS
Chapters:
21.05 Airport Administration and Operation
21.10 Leasing of Airport Lands
21.15 Provisions Required in All Airport
Land Leases
21.20 Pol c Governing Modifications of
___.___._ Exis~ Leases
Chapter 21.05
AIRPORT ADMINISTRATION AND OPERATION
Sections:
21.05.020 Investigation of permit holders; cancellation.
21.05.030 Regulation of airport.
21.05.040 Parking automobiles an.i aircraft.
21.05.050 Penalties.
21.05.010 Permit: (a) All lessees, owners, or occupants
of property within the territorial jurisdfcticn of the Kenai
Municipal Airport who wish to construct or operate terminal
or transportation facilities ~f any kind thereon, including,
but not limited to, aircraft maintenance facilities, warehouses
and all other related transportation, commercial, or industrial
facilities shall apply to the City Manager for authorization.
Such application shall be accompanied by a plan of the
proposed construction that shall meet all otandards or
requirements which may be required by ttie ordinance of the
City of Kenai relating to zoning, subdivision regulations,
and building construction standards.
(b) The City Administrator shall refer plans of the
type or location of the proposed construction which are in
conflict with the General Plan to the Planning Commission to
determine whether such proposed construction is in keeping
with the objectives of the vv^eneral Plan. The decision of
the Planning Commission shall be binding unless reversed by
the Council. The City Manager, subject to conditions of
this section, may issue permits upon such terms and conditions
and for such durations as authorized by the Council, and ,~o
construction shall be done nor operation carried on without
a permit from the City Manager.
(c) Every permit, lease, deed, or conveyance of any
right, title, or interest from the City to any land within
the jurisdiction of the Kenai Municipal Airport shall in-
corporate by reference, or otherwise, and shall be subject
to the restrictions contained in this section.
21.05.020 Invests ation of permit Holders; Cancellation:
The City Manager may nquire nto the manner n which
obligations are carried out, and the practices of permit
holders for the purpose of determining whether the pro-
visions of the permits are being complied with. This
section sha17. authorize access to books and records of
permit holders as may be reasonably necessary to enable
making a determination thereunder. Should the City Manager
find that at any time a permit holder is not complying with
the terms of the permit issued, the permit may be cancelled
upon notice and in accordance with such procedure as may, by
regulation, be prescribed. (KC 1724; Ord 531)
21.05.030 Regulation of Air ort: The City Manager may
regulate the manner in wh ch the Kenai Airport and compatible
non-aviation facilities are operated with reference to the
safety, accommodation, and service to the public. Zn order
to implement this grant of authority, the City Manager shall
have the power to adopt such rules and regulations as may be
necessary to carry out the duties under this grant. In this
connection, the rules and regulations adopted prior to the
enactment of this addition to the Kenai Municipal Code are
hereby ratified, approved, and continued in full force and
effect until further amended or repealed by subsequent
action of the City Manager in accordance with acceptable
procedures for the ad~~ntion of rules and regulations. (KC
17-25; Ord 531) (See Aapendix A attached hereto)
21.05.040 Parking Automobiles and Aircraft: It shall
be unlawful for any person to park any automobile or aircraft
in any area contrary to the designation for that area on the
Kenai Municipal Airport, the lands of the Kenai Municipal
Airport Terminal System, or fail to obey the proper regu-
lations for the control of ground traffic as established by
the Airport Manager or his designated representative. Said
Airport Manager or his designated representative shall be
vested with full police powers under the authority of thin
City to endorse the provisions of this section. (KC 17-34;
Ord 531)
21.05.050 Penalties: Any person violating any of the
provisions of th ss chapter or any of the rules, regulations
or orders made and issues under this chaptex is guilty of a
misdemeanor, and upon conviction, is punishable by a fine of
not more than $100. (Ords 263, 531)
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Chapter. 21.10 ~
I,F.ASING OF' AIRPOR'P I,ANI)8 ~
Sections:
21.10.010
21.10.020
21.10.030
21.10.040
21.10.050
21. l;i. 060
21.10.070
21.10.080
21.10.090
21.10.100
21.10.110
21.10.120
21.10.130
Lands available for leasing.
qualifications of applicants or bidders.
Applications.
Rights prior to leasing.
Classification prior to
Processing procedure.
Review,
Terms of lease.
Appraisal.
Annual minimum rental.
Service by realty firms
Bidding procedure.
Principles and policy of
lease required.
and brokers.
lease rates.
2]..10.010 Lands Available for_Lea~sing: All the Airport
lands within the m is o the C ty tow ch the City holds
title may be leased as hereinafter provided.
21.10.020 Qualifications of A licants or Bidders: An
applicant or bidder for a lease s qual f ed the applicant
or bidder:
(a) is an individual at least 19 years of age or over;
or
(b) is a group, association, or corporation which is
authorized to conduct business under the lawe of Alaska; or
(c) fs acting as an agent for another and has qualified
by filing with the City Clerk a proper Power of Attorney or
a Letter of Authorization creating such agency. The agent
shall represent only one principal to the exclusion of
himself. The term "agent" includes real estate brokers and
agents.
21.10.030 A lications: All applications for lease of
lands shall be f led w th the City Clerk on forms provided
by the City available at City Hall. Applications shall be
dated on receipt and payment of filing fee. After filing, a
maximum of 30 days shall be allowed to c~,nplete the ap-
plication. Filing fees are not refundable.
with every application the applicant shall submit a
development plan, showing and stating:
(a) the purpos~a of the: proposed leazes
(b) the use, value; and nature of improvements to b~
constructed;
(c) tho type of construction;
(d) the dates construction is estimated to commence
and be completed (maximum of 2 years); and,
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(e) whether intended u3C comnlie« with the zuniny
ordinance and comprehensive plan of the City. Applications
shall become a part of the lease.
21.10.040 kights Prior to I.ea«iny: The filing of an
application for a lease shall give the applicant no right to
lease or to the use of the land applied for. The application
shall expire within 6 months after the application has been
made if a lease has not been entered into between the City
and the applicant by that time. Lease rates are subject to
change on the basis c+f an appraisal done every 6 months on
the property applied for.
21.10.050 Classification Prior to Lease n8"'iiii@~i
Except far concept ease appl cat ons deser bed n the
section below, before accepting applications to lease lands
the area involved shall have first been classified for
permitted land uses and a land use plan of the area prepared
and publicly posted in the City Pia11 offices. Tne land use
plan shall be prepared by the City Flanning Commission and
approved by the Council prior to posting. The availability
of concept leases shall be made known in the posting.
21.10.060 Procesain Procedure: (a) Applications
shall be forwarded to the Adv sort' Planning and Zoning
Commission upon receipt. The Advisory Planning and Zoning
Commission shall normally consider applications for specific
lards on a first-come, first-served basis. Where there is
difficulty in obtaining a perfected application, details as
to development plans, etc., then the Advisory Planning and
Zoning Commission may, after due notiuc to the first applicant,
consider a second applicant for the particular lease.
(b) The City Council shall normally consider a lease
proposal only after approval of the Advisory Planning and
Zoning Commission. However, appeals of Advisory Planning
and Zoning r_.ommi,ssion disapproval may be made to the City
Council. Completed leases signed by applicant must be
presented to the City Council within 30 days after approval
by the Advisory Planning and Zoning Commission.
(c) Conceptual applications relative to unplatted land
and/or unreleased lands will also be considered on a first-
come, first-served basis. On approval of concept by the
Advisory Planning and Zoning Commission and the City Council,
the applicant is assured the right of first refusal of the
lease following the determination of a lease rate in accordance
with establi3lied policy, provided that applicant delivers to
City an executed lease with attached application and with
first rental payment within 45 days after applicant is
ssotified of the terms.
21.10.0'30 Review: No lcasod land may be changed in
use, nor may any renewal lease k~e issued until the proposod
use or renewal has been reviewed by *_he Planning Commission
and approved by thc~ Counc:fl.
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21.10.080 Terms of Lease: All leases shall be ap~
proved by the City Counc?1 before the ssme shall beccne
effective. The te?rm of any given 1~•~se shall depend upon
the durability of *!:~ uroposed use, the amount of investment
in improvement proposed and made, and the nature of the
improvement proposed with respect to durability and time
required to amortize the proposed investment. (Ord 531)
21.10.090 Appraisal: No land shall be leased, or a
renewal lease issued, unless the same has been appraised
within a 6 month period prior to the date fixed for begin-
ning of the term of the lease or renewal lease. No land
shall be leased for less than the approved appraised annual
rental. Appraisals shall reflect the number and value of
City services rendered the land in question. (Ord 531)
21.10.100 Annual Minimum Rental: (a) Annual minimum
rentals shall be computed from the approved appraised market
value utilizing the method as described in Section 21.10.130
(a)(1) below. Annual minimum rental shall include:
(1) Taxes pertair,fng to the leasehold interest of
the Lessee;
(2) Sales tax now enforced or levied in the
fu~ure computed upon rent payable in monthly installments
whether rent is paid on a monthly or yearly basis;
(3) All taxes and assessments levied in the
future by the City of Kenai, as if lessee was considered the
legal owner of record of the leased property;
(4) Interest at the rata of 8~ per annum and 10$
penalties of any amount of money owed under this lease which
is not paid on or before the date it becomes due;
(5) All sales taxes due on payments under this
lease and to all sales taxes applicable to its operations;
(6) Ali special assessments for public improvements
levied by the City of Kenai, as if lessee were considered
legal owner of leased property.
(b) Upon execution of the lease, the lands demised
become taxable to the extent of its leasehold interest and
lessee shall pay all real property taxes levied upon such
leasehold interest in these lands, and shall pay any special
assessments and taxes as if tie were the owner of said demised
land.
(c) Rent shall be paid annually in advance. Said
payments shall be prorated to conform with the City of
Kenai's fiscal year begin~i~ng July 1 and ending June 30. If
the equivalent monthly payment exceeds $200, then the
lessee shall have the option of making payments on a monthly
or quarterly basis. (Ord ,531)
21.10.110 Service b~ Realty Firms and Brokers: (a)
Realtors shall be entitle- t~fee at the time the first
payment is made under such lease. Said fee shall be limited
to 10~ of ttie first year's lease rate, excluding charges for
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assessments, oz 54 of each year for the first 5 year3 at the
broker's option. €?n~7ever, rPaltors a party to the .i.ease
shall not he entitled to a commission.
(b) ''ealtors shall treat any listing as they would any
other clie~it in regard to advertising, promotion, etc.
(c) Listings of platted Iands available for lease
shall be announced and posted publicly. Such announcements
shall include block and lot member, parcel number and any
special limitations with restrictions as may be imposed by
the Advisory Planning and Zoning Commission and City Council.
Such restrictions or limitations shall be specific and in
addition to zoning restrictions. No lease proposed by an
eligible realtor shall be denied if it meets such restrictions,
applicable lease rates; and zoning requirements in effect at
time of application.
(d) Unplatted, released Airport lands and unreleased
lands shall not be listed with rcaltors. However, unless
positive action has been taken by the Advisory Planning and
Zoning Commission and/or the City Council to set aside a
certain tract as not available for lease at that particular
time, a realtor may, on behalf of a client, request a lease
of such lands. Such a lease request shall be considered as
described in the preceding application procedures, relating
to unplatted, unreleased lands. Normal fees shall be due to
the realtor on consummatioYi of such a lease.
21.10.120 Bidden Procedure: As an exception to
21.10.130 Principles and Polio Of Lease Rates: (a)
A fair return to the Airport System is mandated by the terms
and conditions of the quitclaim deed and appropriate deeds
of release, grant{ng these lands to the Airport System by
the Federal Government. To insure a fair return, all leases
for a period in excess of 5 years shall include a rsdeter-
mination clause as of the fifth anniversary of each lease,
normally set for the 1st of July of that fiftr. year, and all
lands for lease shall be appraised prior to lease and again
prior to redetermination. Lease rates:
(1) shall be based on fair market value of the
land, including an appropriate consideration of facilities
and services available (public water, public sewer, storm
sewers and other pu~lic utilities) as determined by a
qualified independent appraiser, considering the best use of
the specific 13nd; and
general policy 1 sted above, the City Council may designate
a specific lot or lots to be made avilable only for bid.
This provision shall apply only when there is no outstanding
application pending on the lot or lots. As designated,
sealed bids shall be received offering a one-time premium in
addition to the established lease rate. Highest bid,
however, shall be subject to all provision:. of rcvicw and
approval established for all other lease applications.
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(2) shall be a percentage of fair market val~a
and the percentage to dezive a fair return shall be set
annually in May by resolution of the City Council and.
shall apply to all leases thereafter requested.
(b) Realizing that investors, developers, and other
potential lessees need a reasonable assurance of stability
in future lease rates, the redetermination clause of all
future leases shall include the following language:
"At each 5-year interval, the fair market value shall
be determined by qualified, independent appraisers, and
the percentage set originally and contained in the
lease shall be applied thereto to obtain the new
annual rental. The redetermined lease rate, (annual
rent) under this provision shall be limited to a 50$
increase in the prior lease rate until the 30th fear
anniversary of the lease after which the 50`e cap
provision shall no longer apply and the lease rate
shall be redetermined every 5 years on the basis of
fair market eval~:atior- as determined in KMC 21.10.130(a)."
City leases existing at the time of the enactment of
this chapter shall i:ave a 30 year period determined from the
date from which the lease was originally entered into.
(c) Recognizing that the redetermination procedure
provided for above may be in conflict with the mandate of
the quitclaim deed and the several deeds of release, the
City Council herein acknowledges its obligation to provide
the Airport Fund ~:fE.I: those sums which the above redeter-
mination policy may cause the Airport Fund to lose. It is
the intent of the Council to provide for such a possible
shortfall by appropriating revenues relative to the assessed
valuation of Airport properties.
(d) Those leases Pxisting at the time of the effective
date of this chapter in which the lease rate has not been
redetermined at its previous 5 year interval, shall be
redetermined as set forth in Subsection (a) above, but shall
not exceed 150 of the appraised 1977 fair market value
times 6$. Thereafter such leases shall be subject to the
provisions of Subsection (b) ab~vz liniiting rental increases
on redetermination to 50$ on each 5 year anniversary of t_he
date of the lease until the 30th anniversary thereof.
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Chapter 21.15
PRO~ZSIONS REQUIRED
Sections:
21.15.010 Proper location.
21.15.020 Lease utilization.
21.15.030 Payment of rent.
21.15.040 Adjustment of rental.
2]..15.050 Subleasing.
21.15.060 Assignments.
21.15.070 Modification.
21.15.080 Cancellation-forfeiture.
21.15.090 Notice nr demand.
21.15.100 Financing-Rights of mortgagee or
lienholder.
21.15.110 Entry and re-entry.
21.15.120 Forfeiture of rental.
21.15.130 Written waiver.
21.15.140 Easer.±ents grants reserved.
21.15.150 Lease subordinate to financing
requirements.
21.15.160 Surrender on termination.
21.15.170 Sanitation.
21.15.180 Building and zoning codes.
21.15.190 Fire protection.
21.15.200 Inspection.
21.15.210 Personal use of materials.
21.15.220 Restrictions and reservations.
21.15.230 Waste and injury to land.
21.15.240 Warranty.
21.15.010 Proper Location: It shall be the respon-
sibility of the lessee to properly locate himself and his
improvements on the leased land. It shall be unlawful to
encroach on other lands of the City, or on lands owned or
leased by another, anc? violation shall constitute default in
the lease and unless corrected in a reasonable time after
written notice shall be sufficient grounds for cancellation
of the lease of the option of the City.
21.15.020 Lease Utilization: Leased lands shall be
utilized for purposes with n the scope of the application,
the terms of the lease and in conformity with the ordinances
of the City and Borough, and ~n 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 ca:i~ellatfon at any time.
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Failure to substantially complete the develo~~menz f~idn of
the land, consistent with the proposed use and terms of. the
lease, shall constitute grounds for cancellation.
21.15.030 Payment of Rent: Rent shall be paid atinuall;~
in advance. Said payments shall be prorated to conform with
the City of Kenai's fiscal year beginning July 1 anc: ending
June 30. If the equivalent monthly payment exceeds $200,
then the lessee shall have the option of making payments on
a monthly or quarterly basis.
21.15.040 Adjustment of Rental: All leases shall
contain the agreement of the lessee to a reevaluation of the
annual rent payment every fifth year.
21.15.050 Subleasin Leases may provide for sub-
leasing without pr .or Council approval. Subleases shall be
in writing and be subject to the terms and conditions of the
original lease.
21.15.060 Assi nments: No lessee may assign thc: lands
leased to him without pr or Council approval. The assignee
shall be subject to all of the provisions of the lease. Any
attempted assignment made in violation of this section shall
be void. Any assignment requiring Council approval will not
be unreasonably denied.
21.15.070 Modi`ication: 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.
21.15.080 Cancellation-Forfeiture: (a) Leases in
good standing may be cancelled n whole, or in part, at any
time upon mutual written agreement by lessee and the City
Council.
(b) Any lease used for an unlawful purpose may be
cancelled.
(c) If the lessee shall default in the performance or
observance of any of the lease terms, covenants, or stipulations
thereto, or of the regulations now or hereafter in force,
and should said default continue to 30 calendar days after
service of written notice by tha pity without remedy by
lessee of the conditions warranting default, the City shall
subject lessee to appropriate legal a~_-'.:_on, Including, but
not limited to, forfeiture of the lease. No improvements
may be removed by ?es~see or other person during any timo the
lessee is fn default. This provision shall not be construed
to prohibit the City from taking any appropriate Legal
actinn, including, but not limited to, forfeiture of the
lease, immediately upon the ocourrenco of a default.
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21.15.090 Notice or Demand: Any notice or demand
which under the terms of a learte or under any statute must
be given or made by the parties thereto, shall b~ in writing
and be given or made by registered or certified mail, ad-
dressed to the other party at the address of recoz•d. How-
ever, ei~cher party may dersignate in writing such new or
other ac'ldress to which such notice or demand shall there-
after be so given, made, or mailed. A notice given here-
under shall be deemed deli~~erod when deposited in a U.S.
general or branch post office, enclosed ir; a registered or
certified mail envelope, addressed as hereinabove provided.
21.15.100 Financin -Ri hts of Mort a ee or Lienholder:
(a) For the purpose o nter m or permanent f. nand
or refinancing from time to *.ime of the improvements to be
placed upon the leased premises, and fez no other purpose, a
lessee, after givi;ig written notices thereof to the City, may
encumber by mortgage, deed of trust, assignment or other
appropriate instrument, the lessee's interest in the leased
premises and in and to the lease, provided such encumbrance
pertains only to such leasehold interest and does not pertain
to or create any interest fn the City's title to the leased
premises. If such mortgage, deed of trust, or assignment
shall be held by a bank or other established lending or
financial institution (which terms shall include an established
insurance company and qualified pension or profit sharing
trust) and such institution shall acquire the lessee's
interest in such lease as a result of a sale under said
e:icur~ibrance pursuant to a foreclosure or other remedy of the
secured party, or through any transfer in lieu of foreclosure,
or through settlement of or arising out of any pending or
contemplated foreclosure action, such lending institution
shall have the privilege of. transferring its interest in
such lease to a nominee or a wholly-owned subsidiary cor-
poration with the prior consent of the City, provided,
however, such transferee shall assume all of the covenants
and conditions required to be performed by the '.•isee,
whereupon such lending institution, or the nominee or
wholly-owned subsidiary corporation to ~-hich it may have
transferred such lease, or any other lending institution
which may at any time acquire such lease, shall be relieved
of any further liability under such lease from and after
such transfer.
(b) A leasehold mortgagee, beneficiary of a deed of
trust, or security assignee, shall have and be subrogated to
any and all rights of the lessee with respect to the curing
of any default hereunder by lessee.
(c) If the holder of any such mortgage, or the bene-
ffci:;ry of any such deed of trust, or the security assignee
shall give the City before any default shall have occurred
in the lease, a written notice containing the name and post
office address of such holder, the City shall thereafter
~3~,P to such holder ~~ ccF~y of. each notice o£ defu:~lt by the
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lessee at L•he same time as any notice of default shall be
given by the City r_o the lessee, and the City will not
thereafter accept any surrender or enter into any modi-
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fication of this lease without the prior written consent of
the holder of any first mortgage, b~~ncficfal i.r.'~erest under
a first deed of trust, or Hecurity a~st~ignee, in this lease.
(d} If, by reason cif any default of the let~r~ae, eithcsr
this lease or any extension thereof shall be terminated at
the election of the City prior to the stated expiration
therefor, the City will enter into a new lease with the
leasehold mortgagee for the remainder of the term, effective
as of the datQ of such termination, at the rent and addi-
tional rent, and on the terms herein contained, subject to
the following conditions:
(1) much mortgagee, beneficiary, or security
assignee, shall make written request to the City far such
new lease vrithin 20 days after the date of such termination
and such written request shall be accompanied by a payment
to the City of all sums then due to the City under the
lease.
(2) Such mortgagee, beneficiary, or security
a~~ignee, shall pay to the City, at the time of the exe-
cution and delivery of such new lease, any and alA s+~ms due
thereun3er in addition to those which would at tYie tirc:e of
the execution and delivery thereof be due under this lease
but for such termination and in addition thereto, any
reasonable expenses, including legal and attorneys' fees, to
which the City shall have been subjected by reason of such
default.
(3) Such mortgagee, beneficiary, or $erurity
assignee nhall, on or before the execution and delivery of
such new lease, perform all the other conditions required to
be performed by the lessee to the extent that the lessee
shall have failed to perform such conditions.
(e) If a lending institution or its nominee or wholly-
awned subsidiary corporation shall hold a mortgage, deod of
trust, er similar security interest in and to this lease and
shall thereafter acquire a leasehold estate, 8erived either
from such instruments or from tr? City, and if such institution,
nominee, or corporation shall desire to assign ttzis lease or
any new lease obtained from the City (oE.her than to a
nominee or to a wholly-owned subsidiary corporation as
permitted by the above provisions) to an assignee who will
undertake to perform and observe the conditions in such
lease required to be performed by the lessee, the City shall
not unreasonably Withhold its consent to such ats€~ignment and
assumption, and any sti~ch lending institution, nominee, or
subsidiary shall be relieved of any further liability under
such lease from and after such assignment. If the proposed
assignor shall assert that the City is unreasonably withholding
its consent to any such proposed assignment, such dispute
shall be resolved by arbitration.
21.15.110 Entr and Ite--entry s In thQ evernt that the
lease should be term nated as iereinbefore provided by
summary proceedingfl or other~iac+, or i.n thQ event that the
demised lands or any part thereof ¢hould be abandoned by the
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lessee during the said term, the lessor or ite agents,
servantu, or representatives may, immediately or at any tirnc
thereafter, re-enter and resume possession of said landr~ or.
such part thereof, and remove all persons and propQr.ty
therefrom, either by summary proceedings or by a suitable
action or proceeding at law ~frithrut Laing liable for any
damages thNrefor. No re-Entry by the lessor shall be deemed
an acceptance of a surrender of the lease.
21.15.120 Forfeiture
lease should be term nated
lessee as herein provided,
made by the lessee shall b~
lessor as partial or total
breach.
of Rental:
because of
the annual
forfeited
liquidated
In the event that the
any bresaeh b}' the
rental payment last
and retained by the
damages for said
21.15.130 Written Waiver: The receipt of rent by the
lessor with krowle ge o any breach of the lease by the
lessee, or any default on the part of the lessee in ob-
servance or performance of any of the conditions or covenants
of the lease, shall not be deemed to be a waiver of any
provisions of the lease. No failure on the part of the
lessor to enforce any covenant or provision therein con-
tained, 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 there>in demised, or after the giving by
the lessor of any notice thereunder to effect such termi-
nation, shall not reinstate, continue, or extend the result-
ant term therein demised, destroy, or in any manner impair
the efficacy of any such notice or termination as rrtay have
been given thereunder by the lc;ssor to the Iaa€see prior to
the receipt of any such sum of money or other consideration,
t~nt.pss so agreed to in writing and signed by the lessor.
21.15.140 Easement Grants Reserved: City reserves the
right to grant an centre easements fin, or above the Iand
leased. No such grant or easement will be used that will
unreasonably interfere with the lessee's use of the land,
and lessee shall have free access and use of any and all.
parking and loading rights, rights of ingress and egress now
or hereafter appertaining to the leased premises. (Ord 531)
21.15.150 Lease Subordinate to Financin Re uirementss
Lessee agrees that C ty may modify the lease to meet rev sed
requirements for Federal or State grants, or to conform to
the requirements of any revenue bond covenant. However, the
modificat~.on shall not act to reduce the rigt;ta or privileger~
granted the lessee by this lease, nor act to cause the
lessee financial loss. (Ord 531)
21-12
~~
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21.15.160 Surrender on Termination: Lestsee shall, on
the last day of the term of thin, lease or upan any earlier
termination of thif3 lease, :surrender and deliver up the
premises into the possetssion and use of City wir_hout fraud
or delay in good order, condition, and repair, except for
reasonable wear and tear since the last necessary repair,
replacement, restorstir~n, or renewal, free and clear of all
lettingfr and occupancies unless expressly permitted by the
City in writing, and free and clear of all liens and en-
cumbrances other than those created by the City for loans to
the City.
Upon the end of the term of this lease or any earlier
termination thereof, title to the buildir-gs, improvemer,F:s,
and building equipment shall automatically vest in the City
without requirement of any deed, conveyance, or bill of sale
thereon. However, if the City should require any such
docurizent 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 therewith.
21.15.170 Sanitation: The lessee s;
all regulations or ord nances of the City
ulgated for the promotion of sanitation.
the lease shall be kept in a neat, clean,
condition, and avery effort shall be made
pollution of water.
call comply with
which are prom-
The premises of
and sanitary
to prevent the
21.15.180 Buildin and Zonin Codes: Leased lands
shall be utilize n actor ante w t t e building and zoning
ordinances and rules and regulations of saiu authority.
Failure to do so shall constitute a violation of the lease.
21.15.190 Fire Protections The lessee will take all
reasonable precaut on to prevent and take all necessary
action to suppress destructive or uncontrol.l.ed grass, brush,
or other fires on leased lands, and comply with all. laws,
regulations, and rules promulgated and enforced by the City
for fire protection within the area wherein Lfie leased
premises are located.
21.15.200 Inds e_ction: The lessee shall allow authorized
representatives of the City to other the leased Land for
inspection at any reasonable time.
21.15.210 Personal Use of Material.^.: A1.1 coal, oil,
gas, and other m nerals and all depos is of stone or gravel
valuable for extraction or utilization: and all materials
subject to Title II, Division I, Chapters 4, 5, and 6 of the
Alaska Administrative Code are pxoepted from the. operation
of a surface lease. Specifically, the lessee of the surface
rights shall not sell or remove for use elsewhere any timber,
stone, gravel, peat mass, topsoil, or any other material
valuable for building or commercial purposes pro~~ided,
however, that material required for the development of the
loasehold may be used if it€ use is first approved by the
City Manager.
21-13
Q .,
21.15.220 itestzictiona and Iu~servationrsz The lease
shall contain such reatr ct onrs and re:servutiona as are
necessary to protect the public intErezst,
21.15.230 waste and Injury to Land: If any pers3on
sf;all commit waste, trespass, or. of er ~n~ury upcn City
land, the person so offending, in addition to being civilly
liable for any damages caused, shall be deemed guilty of a
misdemeanor,
21.15.240 warrant The City does not warrant by its
classification ar eas nc~ of land that the land is ideally
suited for the use authorized under said clasz~ification or
lease, and no gua:canty is given or fmr?ted that it shall be
profitable to employ the land to said use.
21-14
~.
r
Chapter 21.20
POLICY GOVERNING IQODIPICATIONS
OF :,Y.ZSTTNG J.EASEC
Sections:
21.20.010 Rules.
21.20.020 Aircraft operations protected.
21.20.030 Right to enjoyment and peaceable possession.
21.20.040 Lessee to pay taxes.
21.20.050 No partnership or joint venture created.
21.20.060 Default bankruptcy.
21.20.070 Nondiscrimination.
21.20.080 Partial.
21.20.090 Parole modifications.
21.20.100 Amendment of lease.
21.20.110 Compliance with laws.
21.20.120 Care of premises.
21.20.130 Lessee's obligation to remove liens.
21.20.140 Condemnation.
21.20.150 Protection of subtenants.
21.20.160 Successors in interest.
21.20.170 Governing lave.
21.20.7.80 Notices.
21.20.190 Fire protection.
21.20.200 Inspection.
21.20.210 Persona) use of materials.
21.20.220 Restrictions and reservations.
21.20.230 waste and injury to land.
21.20.240 warranty.
21.20.250 Approval of other authorities.
21.20.260 Title restrictionr~.
21.20.270 Insurance-hold-harmless.
21.20.280 Insurance of user-subtenants.
21.20.290 Annual report.
21.20.300 Arbitration.
21.20.310 Modifications of existing leases.
21.20.320 Unauthorized removal of material prohibited.
21.20.330 Removal not authorized by lease.
21.20.340 Disposition of rights ny Council.
21.20.350 Penalties.
21.20.010 Rules: The lessee shall observe, obey, and
comply with all appl cable rules, etc., of the State or
Federal governments.
21-15
- - - - -- - -- -._ .__..,-_a~. -,~ -....,._.-r.-~~ - o.~..~..v.~._.,~._
(a) City reserves the right to adopt., amend, and
enforce reasonable z~ules and regulations governing the
demised premises and the public areas and facilities used in
connection therewith. Except in cases of emergency, no rule
or regulation hereafter adapted or amended by the Cits z~iiall
become applicable unless it has been given 30 days noticA of
adoption or amendment thereof.
(b) Lessee, in the conduct of its operations on the
demised premises, shall observe, obey, and comply vrith any
and all applicable rules, regulations, laws, ordinances, or
orders of any governmental authority, federal or state,
lawfully exercising authority over lessee or lessee's conduct
of its business.
(c) City shall not be liable tG lessee for any diminution
or deprivation of possession, or of its rights hereunder, on
account of the exercise of any such right or authority as in
this section provided, nor shall lessee be entitled to
terminate the whole or any portion of the leasehold estate
herein created, by reason of the exercise of such rights or
authority, unless the exercise thereof shall so interfere
with lessee's use and occupancy of the leasehold estate as
to constitute a termination in whole or in part of this
lease by operation of law in accordance with the laws of the
State of Alaska and of the United States made applicable to
the states. (Ord 531)
21.20.0?.0 Aircraft O orations Protected: (a) The
City shall reserve to t~self, itf 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
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. When plans foz improvements
pursuant to the terms of the lease are approved by the City,
thA City to the extent of those improvements releases the
easements here expressed.
(b) The lessee by accepting conveyance expressly
agi:t~es for itself, its representatives, successors, and
assigns, that it will not erect nor permit the erection of
any structure or object, on the land conveyed, which would
be an airport obstruction within the standards established
under the Federal Aviation Administration Regulations, Part
77, as amended. Irt the event the aforesaid covenant is
breached, the City reserves the right to enter on the land
conveyed hereunder and to remove the offending structure or
object, all of which sha?1 be at the expo°ise of the lessee
or its heirs, successors, or assigns. (Ord 531)
21.20.030 Aight to En;o,m~nt And Peaceable possession:
T.he City shall agree and covenant that the lessee, upon
paying rent and performing other covenants, terms, and
conditions of this lease, shall have the right to quietly and
peacefully hold, use, occupy, and enjoy the said leased premises,
21-16
except th4t any inconvenience caused by public works projects
in o;. about the leasehold premises shall not be construed as
a denial of the right of quiet or peaceable possession.
(Ord 531)
21.?0.040 Lessee to Pay Taxes: Lessee shall pay all
lawful taxes and assessments which, during the term thereof
may become a lien upon or which may be levied by the State,
Borough, City or any other taxlevying body, upon any taxable
possessory right which lessee may have therein thereto by
reason of its use or occupancy, provided, however, that
nothing herein contained shall prevent lessee from contesting
as any other land owner any increase in such tax or assess-
mEnt. through procedures outlined in State statutes. (Ord 531)
11.20.050 No Partnership or Joint Venture Created:
The City shall not be construed or held to be a partner or
joint venturer of lessee in the conduct of business on the
demised premises; and ft is expressly understood and agreed
that the relationship between the parties thereto is, and
shall at all times remain, that of landlord and tenant.
(Ord 531)
21.20.060 Default Bankruptcy: 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
30 days, or if a voluntary petition is filed under Section
18(a) of the Bankruptc;~ Hcf. by the lessee, then and in any
event, the City may, upon giving the lessee 30 days' notice,
terminate this lease. (Ord 531)
21.20.070 Nondiscrimination: The lessee, for himself,
his heirs, personal representative4, 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 »nder ±~uoh land and *h? 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 yr Qursuat3l to Title
49, Code of Federal Regulations, Department of Transportation,
Subtitle A, Office of the Secretary, Part 71, Nondiscrimination
in Federally-assisted Programs of the Department of Trans-
portation--Effectuation of Title VI of the Civil Rights Act
of 1964, and as said Regulations may be aneended;
21-17
J. ____
~~ii Rwa~w~uarm~ar~~.r.r..r~.n.r --- - _ _ - - ~'" ~ - - - _
(d) In the event facilities are constructed, maintained;
or otherwise operated on the s~Tid pLoperty described in this
lease, for a purpose involving the provision of similar
services or benefits, the lessee shall maintain and operate
such facilities and f>er•Ji~es in compliance with all other
requirements imposed purz;want 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 Trans-
portation--Effectuation of Title VI of the Civil Rights Act
of 1964, and as said Regulations may be amended. (Ord 531)
21.20.080 Partial Invalidity: If any term, provision,
condition or part of the 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 an'd effect as though such declaration
was not made. (Ord 531)
21.20.090 Parole Modifications: It shall be mutually
understood and agreed between the parties that the agreement,
as written, shall cover all the agreemcr.+ts and stipulations
between the parties; and no representations, oral or written,
have been made modifying, adding to, or changing the terms
thereof. (Ord 531)
21.20.100 Amendment of Lease: Notwithstanding anything
to the contrary, in order to aid the lessee in ttte financing
of the improvements to be situated herein, the City shall
agree that in the event the proposed mortgagee, beneficiary,
or security assignee under any interim or permanent loan on
the security of the leasehold interest of the lessee and the
improvements to be situated thereon so requires, the City
will make a reasonable effort to amend this lease in order
to satisfy such requirements upon the express condition and
understanding, however, that such variance in language will
not materially prejudice the City's rights thereunder nor be
such as to alter fn any way the rental obligations of the
lessee hereunder nor its obligations to comply with all
existing laws and regulations of the City relating to the
leasing of airport lands, and to all applicable Federal
statutes, rules, and regulations, and all covenants and
conditions of the deed by which the City holds title to the
land. (Ord 531)
21.20.110 Compliance With Laws: Lessee shall com~,Iy
with all applicable laws, ordinances, and regulations of
public authorities now or hereafter in any 1Ttalaa.Cr ~Ffecting
the leased premises or the sidewalks, alleys, streets, and
way adjacent thereto or any buildings, structures, fixtures,
and impr~~vements 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:
21-18
(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,
~3eath, or property damage resulting from such violation.
Lessee further agrees it will not permit any unlawful occupati^n,
business or trade to be conducted on said premises ar any
use to be made thereof contrary to any law, ordinance, or
regulation as aforesaid with respect thereto. (Ord 531)
21.20.120 Care of Premises: Lessee, at its own cost
and expense, shall keep the leased premises, all improve-
ments which at any ti.~ne 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
Letm of this lease. {Ord 531)
21.20.130 Lessee's Obli ation to Remove Liens: Lessee
will not permit any 1 ens ncluding, but not 1 m ted 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 furhished to
lessee o~ to lessee's agents, contractors, or sublessees, in
connection with work of any character performed or claimed
to have been performed on said premises or improvements by
or at the direction or sufference 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 cl~...ned lien. On final deter-
mination of such lien or such claim for lien, lessee will
immediately pay any judgment rendered with all proper costs
and charges and shall have suct-i lien released or judgment
satisfied at lessee's own expense. (Ord 531)
21.20.140 Condemnation: In the event the leased
premises or any part thereof shall be condemned and taker
for a public or a quasi-public use, then upon payment of any
award or compensation arising from such condemnation, there
shalt b~ 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 equit<ibla under all the circumstances.
If the City and lessee are unable to agree within 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 determined by
arbitration provided in Section 21.20.300 hereof.
21.20.150 Protection of Subtenants: To protect the
position of any subtenant{s hereafter properly obtaining
any interests in the leasehold estate granted lessee hereunder,
the City agrees that in the event of the cancellation,
termination, expiration, or surrender of this lease (the
ground lease), the City will accept the subtenant, its
successors and assigns, as its lessee for a period equal to
21-19
,~
,.
i
I
I
x - _ __ -
.._a -~ s .. _ -:
- - - - -~...__._._. .~.r.~r~w
t~"~a fu31 unelapsed portion of the term of thy; sublease,
including any extenvions or renewals alloyed therein, not
exceeding the terra of Liiis lease, uF~vn i:1ie sane covenants
and conditions therein contained, to the extant that said
covenants and conditions are not inconsistent wi4:h any of
the terms and conditions of this lease, provided such sub-
tenant shall make full and complete attornment to the City
for the balance of the term of such sublease so as to es-
tablish direct privity of estate and contract between the
City and the subtenant with the same force and effect as
though such sublease was origina7.ly 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 moztgaga, Seed 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. (Ord 531)
21.20.160 Successors In Interest: This lease shall be
binding upon and shall inure to the benefit of the respective
successors and assigns of the parties hereto, subject to
such specific limitations or assignment as are provided for
herein. (Ord 531)
21.20.170 Governin Law: The indenture of lease shall
be governed in al respects by the laws of the State of
Alaska. (Ord 531)
21.20.180 Notices: (a) Any notices required by the
lease shall be inn wr~t~ng 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 ad~?ress sot forth abOVe r?r as ~grrac~tPCl by
written notice in accordance with KMC 21.15.080.
The City shall also mail a copy of any notice given to
the lessee, by registered or certified mail, to any lease-
hold lender (mortc3agee, 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 15 days prior
to the giving c,f the particular notice fn issue. (Ord 531)
21.20.190 Fire Protection: The lessee will take all
reasonable precaut on to prevent and take all necessary
action to suppress destructive or uncontrolled grass, brush,
or other fires on leased lands, and comply wi4h all laws,
regulations, and rules promulgated anti enforced by the City
for fire protection with the area wherein the leased premises
are iota*_ed. (Ord 531)
21-20
21.20.200 inspection: The lessee shall allow authorized
representatives of the City to enter the leased land for
inspection at any reasonable time. (Ord 531)
21.20.210 Personal Use of taterials: All coal, oil,
gas and other minerals and all depos is of stone or gravel
valuable for extraction or utilization and alI materials
subject to Title ZI, Division i, Chapters 4, 5 anal 6 of the
Alaska Administrative Code are excepted from the operation
of a surface lease. Specifically, the lessee of the surface
rights shall not sell or remove for use elsewhere any timber,
stone, gravel, L~ea'c moss, topsoil or ar-y other material
valuable for building or commercial purposes; provided,
however, that material required for the development of the
leasehold may be used if its use is first approved by the
City. (Ord 531)
21.20.220 Restrictions and Reservations ThQ lease
shall contain such restrictions and reservations as are
necessary to protect the public interest. (Ord 531)
21.20.230 Waste and Injury to Land: If ary person
shall commit waste, trespass, or other injury upon City
land, the person so offending, in addition to being civilly
liable for any damages caused, shall be deemed guilty of a
misd.emeancr. (Ord 53I)
21.20.240 W~ar~rant~: The City does not warrant by its
classification or lea ng of land that the land is ideally
suited for the use authorized under said classification or
lease, and no guaranty is given or implied that it shall be
profitable to employ land to said use. City bears no
responsibility for any water erosion of land. (Ord 531)
21.20.250 Approval of Other Authorities: The issuance
by the City of leases does not relieve the grantee or lessee
of responsibility of obtaining licenses or permits as may be
rPauired by duly authorized Borough, State, or Federal
agencies. (Ord 531)
21.20.260 Title Restrictions: All leases or sales of
property shall be made sub ect to restrictions and reser-
vations in the patent, deed, or other ir+.strument under which
the City holds. (Ord 531)
21.20.270 Insurance-Hold Harmless: Lessee shall
covenant to save the City harmless trom all actionE, 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 casts connected there-
21-21
,pith. In this connection, the lessee shall agree to arrange
any pay for a'1 the following:
(a) Public liability insurance protesting both the
City and/or its agents and the Lessee, such insurance to be
evidenced by a certificate showing the insurance in force.
The amount of Such public ].lability insurance shall have
limits not less than those known as $250,000/$500,000/$100,000.
(b) Liquor liability (where applicable).
(c) Lessee agrees to carry employers liability insurance
and Workmen's Compensation insurance, and to furnish a
certificate thereof to the City, if applicable.
(d) Insurance contracts providing liability insurance
and Workmen's Compensation shall provide for not less than
30 daya written notice to the City of cancellation or
expiration or substantial change in policy conditions and
coverage.
(e) Lessee agrees that waiver of subrogation against
the City shall be requested of lessee's insurer, and shall
be provided at no cost to the City.
(f) Cross Liability: It is understood and agrEed that
the insurance afforded by this policy or policies for more
than one namecj 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 claimer against the same named insured or
employees of such other named insured.
(g) The insurance procured by the lessee as herein
required shall be issued in the name of the lessee as
herein required shall be issued in the name of the lessee
and the City by a company licensed to do business in the
State of Alaska, and shall contain endorsements that (1}
such insurance may not be cancelled or amended with rPSpect
to the City without 30 days written notice by registered or
certified mail to the 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.
(h) The amount of insurance coverage required above
may be subject to review for increase at each 5 year re-
negotiation of the lease.
(i) Upon review by the City, the lessee may be required
to obtain such other insurance protecting the City and
l~:ssee that may be necessarily rpq+.azred or advisable.
(Ord 531)
21.20.280 Insurance of Users-Subtenants: Leacee, for
its own protection, may require bona fide public users and
subtenants to execute agreements holding lessee harmless
from actions ari3ing out of user's operations and may require
such bona fide public users and subtenants to show proof of
public liability insurance covering their operations on the
~?~~mised premises in such amounts as will adequately protect
them. (Ord 531}
21-22
21.20.290 Annual Report: The le~asee may be rep;wired
to submit to the City each year on or about tdarch 15, an
annual report on its operations, particularly those Services
and facilities offered to the public, whether on a ice or
non-fee basis. (Ord 531)
21.20.3n0 Arbitration: TTa the event the City and
lessee shall be unable to agree as to any matter provided
for in the lease except as to the amount of the 5 year rent
redetermination amount which is handled pursuant to I:14C
21.10.130 such dispute shall be determined, upon requdst of
either the City or the lessee, by 3 disinterested arbitrators,
(unless the parties can agree on one arbitrator) designated
by the American Arbitration Association and in accordance
with the rules of such Association. Tlie arbitrators designated
and acting under this Lease shall makA their award in strict
conformity with such rules and shall have no power to depart
from or change any o.f the provisions thereof. The expense
of arbitration proceedings conducted hereundEr shall be
borne equally by the parties. The proceedings shall take
place in Kenai, Alaska, unless otherwise agreed upon by the
parties. (Ord 531)
21.20.310 Modifications of Existfn Leases: Leases
shall only be mod ed to *elat extent eeme to be necessary
to pzotect the pub.lic's interest. (Ord 531)
21.20.320 Unauthorized Removal of Material Prohibited:
Any person, firm, or corporat on who w thout wr tten authority
from the City removes rock, gravel, or other material from
the lands owned by the City without the express consent of
the City shall be deemed guilty of a misdemeanor. Any
criminal action taken against such person shall not preclude
the institution of civil proceedings by the City. (Ord 531)
21.20.330 Removal Not Authorized B Leases No deed or
lease granted by the C ty to any person sha 1 contain terms
or be construed as granting any right to remove material
from City lands. (Ord 531)
21.20.340 Dis osition of Ri hts B Council: In
recognition that con tons may ex st rom t me to time
whereby use of such lands and the material comprising the
same may be beneficial to the public interest and pramote
the progress and development of the City, applications for
the use thereof may be received and considered by the City
Manager, prcvi3ir~g such applications fully disclose to the
City all material facts and plants for the proposed use.
Such applications shall be consistent with the Comprehensive
Plan of the City and referred to the City Planning Commission
for its recommendations. Disposition of such appl;.oations
shall be made by the Council after recommendation from the
Planning Commission a,id the City Manager. (Ord 531)
21-23
. ,._
,~ _ _
21.20.350 Penalties: (a) It is i:nlawful for any
person to violate any of the pzovisions of this ch..;pter and
upon conviction thereof shall be fined in an amount not
exceeding $100. Each day such violation is committed or
permitted to continue shall constitute a separate offense
and shalt be punishable as such hereunder.
(b) In addition to or as an alternative to the above
penalty p:^vision, the City may impose a civf.l penalty not
to exceed $100 per day for the violation of any flrovision of
this chapter and seek injunctive relief for any infraction
thereof for which the offending party will be charged for
reasonable attorney's fees and costs incurred by the City as
awarded by the court.
(c) Nothing in this section shall be deemed to restrict
thQ City's exercise of any of its rights pursuant to the
lease agreement including those: enumerated in KMC 21.15.080
and 21.15.090 hereof. (Ord 531)
~ti
f '.
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