Loading...
HomeMy WebLinkAboutOrdinance No. 3488-2025KENAI CITY OF KENAI ORDINANCE NO. 3488-2025 Sponsored by: Administration AN ORDINANCE ACCEPTING THE DONATION OF A PAVILION FROM THE KENAI PENINSULA SOCCER CLUB. WHEREAS, the Kenai Peninsula Soccer Club (KPSC), is a 501(c)(3) organization providing youth soccer activities that partners with the City in the use and maintenance of the City owned Kenai Sports Complex; and, WHEREAS, KPSC is constructing a pavilion at the Kenai Sports Complex with funds they secured, with a total project value of approximately $55,000; and, WHEREAS, KPSC desires to donate the pavilion to the City; and, WHEREAS, the pavilion will become a City asset maintained and operated by the Parks and Recreation Department; and, WHEREAS, the acquisition of the pavilion will enhance recreational opportunities available to the community; and, WHEREAS, on October 2, 2025 at the Parks and Recreation Commission meeting, the Parks and Recreation Commission recommended that Council accept the donation from KPSC; and, WHEREAS, it is in the best interest of the City to accept this donation. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS FOLLOWS: Section 1. That the City Manager is authorized to accept a donation valued in the amount of $ 55,000. Section 2. That the estimated revenues and appropriations be increased as follows: General Fund: Increase Revenues — Donations $55,000 Increase Appropriations — Buildings Section 3. SeverabililL. That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect immediately upon enactment. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3488-2025 Page 2 of 2 ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 1511 DAY OF October, 2025. Brian Gabriel Sr., Mayor ST: Michelle . Sane , MVIC, City Clerk Approved by Finance: Introduced: October 1, 2025 Enacted: October 15, 2025 Effective: October 15, 2025 New Text Underlined; [DELETED TEXT BRACKETED] J Nf r City of Kenai 210 Fidalgo Ave, Kenai, AK 99611-7794 907.283.7535 www.kenai.city MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Tyler Best, Parks and Recreation Director DATE: September 22, 2025 SUBJECT: Ordinance No. 3488-2025 - Accepting the Donation of a Pavilion from the Kenai Peninsula Soccer Club. The Kenai Peninsula Soccer Club (KPSC) secured funding to construct a pavilion at the Kenai Sports Complex. The total project value is approximately $55,000, and all construction and associated costs are being paid by the KPSC. KPSC has obtained a City building permit and plans to have the pavilion completed before the start of the next soccer season. KPSC intends to donate the completed pavilion to the City of Kenai. If accepted, the pavilion will become City property and will be scheduled, operated, and maintained by the Parks and Recreation Department. A separate agreement will be created memorializing the parties' intent and expectations. This new amenity will improve the Sports Complex by adding a covered space for all users of the field. The pavilion would provide an enhanced recreation experience for all users of the fields. While KPSC is the primary user of the Sports Complex, it is also used by other groups throughout the year. A recommendation on acceptance of this Ordinance will be considered by the Parks and Recreation Commission at their regularly scheduled meeting on October 2, prior to City Council's formal consideration of the pavilion donation AGREEMENT BETWEEN THE CITY OF KENAI AND KENAI PENINSULA SOCCER CLUB FOR A PAVILLION LOCATED AT THE KENAI SPORTS COMPLEX This document constitutes the Agreement between the CITY of Kenai ("CITY") a Home Rule Alaska Municipal Corporation, 210 Fidalgo Avenue, Kenai, Alaska 99611-7794, and the Kenai Peninsula Soccer Club ("KPSC"), a 501(c)(3) whose address is PO Box 393, Kenai Alaska 99611 for KPSC to construct and donate a Pavilion to the CITY located on CITY owned Parcel No. 04301038, as further described below. WHEREAS, the CITY owns a parcel of land within the corporate boundaries of the CITY of Kenai, Physical Address 13072 Kenai Spur HWY, more particularly described as T 6N R 12W SEC 36 SEWARD MERIDIAN KN — that portion of the E1/2 lying Northeasterly of the Kenai Spur HWY and North of Evergreen Tract A Resub and South of Jettison Junction Sub and Southeasterly of Ballfield Sub excluding Evergreen Sub Kim Add, of approximately 53.8 acres in size (the "PROPERTY"); and, WHEREAS, the CITY and KPSC cooperatively maintain and use the PROPERTY, known as the Kenai Sports Complex for KPSC's mission of fostering "a lifelong love for soccer by providing an inclusive, supportive, and challenging environment that promotes excellence on the pitch"; and, WHEREAS, the PROPERTY is used by other community groups for various activities as well; and, WHEREAS, KPSC desires to construct a Pavilion on the PROPERTY and donate it to the CITY to enhance the usability and community experience at the PROPERTY; and, WHEREAS, the CITY desires to accept the donation of the Pavilion for the benefit of the community; and, WHEREAS, the CITY and KPSC agree to the donation and acceptance of the donation, under the following terms provided below: NOWTHEREFOR, for good and valuable consideration: 1. If the CITY and KPSC both agree the completed value of the Pavilion will be approximately $55,000 as of the date of anticipated completion. 2. KPSC is responsible for obtaining a building permit and constructing the Pavilion as provided in the approved Building Plan at its sole cost at a location on the Property mutually agreed to. 3. KPSC agrees that it will use professional licensed and bonded contractors to complete construction of the Pavilion in compliance with CITY building codes. Insurance carried by contractor's must name City as additional insured for project. 4. KPSC agrees to indemnify (to include payment of all costs of defense including without limitation actual attorney's fees) and save harmless the CITY, its officers and employees, from all suits, actions, or claims of any character brought because of any injuries, death, or damage received or sustained by any person, persons or property on account of or in consequence of any neglect in safeguarding the Pavilion during construction; or through the use of unacceptable materials in constructing the Pavilion; or because of any act of omission, neglect, or misconduct of KPSC, its agents and contractors; or from any claims or amounts arising or recovered under the "Worker's Compensation Act," or any other law, order, or decree. The liability assumed by KPSC includes without limitation claims for labor and materials furnished for the construction of the Pavilion. 5. Upon final completion of the Pavilion, the CITY will accept ownership of the Pavilion, and assume the right, without obligation to maintain, repair, and reconstruct the Pavilion. 6. The CITY will assume all ownership and control of the Pavilion upon its final completion, and makes no guarantees or promises to KPSC unless expressly provided in this Agreement. 7. KPSC will not be charged any specific fees for use of the Pavilion. 8. The CITY and KPSC agree that the CITY may authorize other uses for the Pavilion and that the CITY may charge fees for the benefit of the CITY from other groups or entities use of the Pavilion. KPSC CITY I0 By: Terry Eubank CITY Manager ACKNOWLEDGEMENT BY NOTARY PUBLIC State of Alaska ) ss Third Judicial District ) The foregoing instrument was acknowledged before me this day of 92025, by Terry Eubank, CITY Manager for the CITY of Kenai. Notary Public of Alaska My Commission Expires: State of Alaska ) ss Third Judicial District ) The foregoing instrument was acknowledged before me this day of , 2025, by of the Kenai Peninsula Soccer Club. Notary Public of Alaska My Commission Expires: KENAI City of Kenai 1210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.75351 www.kenai.city MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Tyler Best, Parks and Recreation Director DATE: October 611, 2025 SUBJECT: Ordinance No. 3488-2025 - Requested Amendment This memo requests one amendment to Ordinance 3488-2025, which will include the recommendation of the Parks and Recreation Commission to accept the donation of a pavilion from the Kenai Peninsula Soccer Club. At the regularly scheduled Parks and Recreation Meeting on October 2nd, 2025, the Commission voted to recommend that the City Council accept the donation of a pavilion from the Kenai Peninsula Soccer Club. The following amendment is respectfully requested. Motion 1 Amend the sixth WHEREAS by filling in the blank with "accept". The amended WHEREAS, after amendment, will read: "WHEREAS, on October 2, 2025 at the Parks and Recreation Commission meeting, the Parks and Recreation Commission recommended that Council accept the donation from KPSC; and," Thank you for your consideration.