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2007-04-04 Council Packet
~~ MAKE PAKEI° COUNCIL PACKET DISTRIBUTION COUNCIL MEETING DATE: ~- -~-F - ~ 7 AGENDA DISTRIBUTION Sewer Treatment Plant ,e Streets Shop Dock Building Maintenance / Animal Control Water/Sewer fCounter DELIVER Council and Student Representative Packets to Police Department Dispatch desk. The Clarion, KSRM, Mellish & Schmidt's Office will pick their packet up in my office. The portion of the agenda published by the Clarion should be emailed as soon ns possible after Noon on packet day. The camera-ready agenda c:/myfiles/documents/minutes/agenda form for pnper) is emailed to Denise at Peninsu/o C/arion (at email folder Work Session/Special Meetings, or Composition in Contacts or (bell@acsalaskn.net). Home Page documents (agenda, resolutions, ordinances for public henring, and ordinances for introduction) are usually emailed to me and I hold them in my NTML file. Plnce them onto the city's website from there ns soon as possible before leaving the offiee for the weekend. ~~,~~~ >~ 0 a w 0 z w w J U Z V r w w~ y. wz^ J W ~ ~ ~ ~ ~ 000'SJOO ma~cnw~~ > ~ ~ ~ w ~ w ~ w 0 0 0 ~ ~ 0 01 , °~.. ~ ` w w o w o O ~ w -' ~ ~ 0 ~ ¢ o ~ ~ w y . 0 0 0 ~ ~ c n 0 0 ^ CL1 0.. ~ (n W ~ ~ v. 0 i w~ } z^ O ~ ~ ~[ to J O~~pO ~cnww~ > ~ ~., N 0 ~ O ~ w ~ w ~ >- O ~ ~ ~ 0 ¢ o c n ~ w 0 0 0 ~ ~ 0 0 ^ C~ d ~ Cn W ~ ~ ti~,r~~ w. O d d ii O z w W J U z O U W (~ O¢w ~ ~ > ~ ~ ~ ~ ~ O ~ ` ~'a ~ w o ~ 0 m ~ 0 w O 0 ~ Q ~ cn ~ ~ w u i 0 m 0 ~ N i ~ w(3 } W W ~ ~ ~ O ~~040~~ 000~~00 ma~cnwm~ > d, ``a s [[ w m 0 ~ w 0 0 0 ~ ~ 0 0 C~„ o m d ~ cn w w ~ .. W W [[ Q } ~SIOm~~~W ~~ 1 > ,. ~ ~ O ¢ w w 0 0 0 ~ ~ 0 0 o m a. ~ cn w w ~ ~~°.. 0 n. m W Cw'S } W W ~ ~ ~ O 000'SJ00 md~cnwm~ w w O W W Z p } w w m m - ~ O ~ J F O Q ~ J w p p 0 ~ ~ 0 0 o m a ~ cn w m ~ O C7 z w w J U Z O U cc w zo CC-~ aocn c~nw~ cn w w W w m cc z m w p - } O ~ w ~ 0 ~ 0 0 0 ¢ ~ o J ~ 0 J 0 ~ m d ~ (n W ~ ~ e ~ W ~ } w ~ J iw- ~ O ~ Q ~ m i/3 ~ J w ~. p ~ p O ~ ~ cn p O o m a ~ cn w m ~ ¢w w wzp cc - ¢~ O~~p ~(nW W AGENDA KENAI CITY COUNCIL -REGULAR MEETING APRIL 4, 2007 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: / /www.ci.kenai.ak.us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *Al1 items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS ITEM E: PUBLIC HEARYNGS (Testimony limited to 3 minutes per speaker.) 1. Ordinance No. 2216-2007 -- Increasing Estimated Revenues and Appropriations by $3,650,322 in the Runway Safety and Improvements Capital Project Fund. (Clerk's Note: Ordinance No. 2216-2007 was postponed at Che March 27, 2007 Council Meeting. The motion to approve the ordinance is active.) ..................... . 2. Ordinance No. 2219-2007 -- Amending KMC 21.15.190 by Adding a New Subsection (d) to Allow a Lease Applicant to Request a Contractual Right to Purchase the Leased Property at Fair Market Value Within Twelve Months After Completion of the Development as Detailed in the Lease's Development Schedule .....................:.............................. 3. Ordinance No. 2220-2007 -- Amending the Official Kenai Zoning Map by Rezoning Approximately 241.4 Acres in the City of Kenai to the Central Mixed Use Zone, Including Parcels Currently Zoned General Commercial, Central Commercial, Light Industrial and Suburban Residential and is Generally Located North and South of the Kenai Spur Highway and Includes Properties Between Bridge Access Road and Upland Street and Properties Along Main Street Loop, North Willow Street and Airport Way ..................... . 3 7 4 Ordinance No. 2221-2007 -- Increasing Estimated Revenues and Appropriations by $206,415 for Projected Utility Cost Increases............ 22 5 Ordinance No. 2222-2007 -- Amending the Official Kenai Zoning Map by Rezoning a Portion of Redoubt Terrace Bluff View Replat (Preliminary Plat), From Conservation (C) to Suburban Residential (RS) .................... 24 6 Resolution No. 2007-05 -- Approving the Lease Form for Leases of Airport Land Outside of the Airport Reserve. (Clerk's Note: Resolution No. 2007-05 was postponed at the February 21, 2007 Council Meeting. The motion to approve the resolution is active. If it is the wish of the Council to substitute the resolution, a motion to substitute is required.) ........... 26 6a Substitute Resolution No. 2007-05 -- Approving the Lease Form for Leases of Airport Land Outside of the Airport Reserve ........................ 45 7 Resolution No. 2007-06 -- Approving the Lease Form for Leases of Airport Reserve Property. (Clerk's Note: Resolution No. 2007-06 was postponed at the February 21, 2007 Council Meeting. The motion to approve the resolution is active. If it is the wish of the Council to substitute the resolution, a motion to substitute is required.) .................... 68 7a Substitute Resolution No. 2007-06 -- Approving the Lease Form for Leases of Airport Reserve Property ........... ............................. 99 8 Resolution No. 2007-13 -- Transferring $120,000 in the Well House 4 Capital Project Fund for Engineering ...................................... 135 9 .Resolution No. 2007-14 -- Encouraging the State of Alaska Department of Transportation and Public Facilities (ADOT/PF) to Enter Into a Reimbursable Memorandum of Agreement With the City of Kenai Which Delegates to the City of Kenai Management Authorify for the Design of the Kenai Spur Highway Rehabilitation Project (MP 3 to MP 8) ................................ 136 10 Resolution No. 2007-15 -- Approving a Joint Regulation Proposal from the Kenai Peninsula Borough, Gity of Soldotna, and the City of Kenai, to the Alaska Board of Fisheries, to Reduce the Level of Hydrocarbons in the Kenai River ........................................................ 140 11 Resolution No. 2007-16 - Approving a Contract to QAP for the Project Entitled 2007 Local Improvement Districts and Miscellaneous Paving -Set Net Drive LID, Aliak/McCollum/Japonski LID, and Angler Drive LID for the Total Amount of$669,048.00 .............. ............................ 145 ITEM F: MINUTES 1. *Regular Meeting of March 21, 2007 .............................. 154 ITEM G: YTEM H: NEW BUSINESS 1. Bills to be Ratified ............................................... 167 2. Approval of Purchase Orders Exceeding $15,000 ....................... 168 3. *Ordinance No. 2223-2007 -- Increasing Estimated Revenues and Appropriations by $75,000 in the Soccer Park Capital Project Fund......... 169 4. *Ordinance No. 2224-2007 -- Increasing Estimated Revenues and Appropriations by $322,000 in the Streets and Sewer Capital Project Fund for Public Road, Water, and Sewer Improvements .......................... 170 5. Approval -- Beautification Committee recommendation to meet quarterly (March, May, July, and September with special meetings as needed)......... 171 ITEM I: COMMISSION/COMMITTEE REPORTS 1. Council on Aging ............................................... 2. Airport Cormmission ............................................ . 3. Harbor Corrunission ............................................. 4. Library Commission ............. . .............................. . 5. Parks & Recreation Commission ................................... 172 6. Planning & Zoiung Commission ........ . ........................... 175 7. Miscellaneous Commissions and Coxmnittees a. Beautification Committee ...................................... . b. Alaska Municipal League Report ................................ . ITEM 3: REPORT OF THE MAYOR ITEM S: ADMINISTRATION REPORTS 1. City Manager ...............................................:.. 176 2. City Attorney ...................... ............................. 3. City Clerk ................................... ... ............... ITEM L: DISCUSSYON 1. Citizens (five minutes) 2. Council ITEM M: PENDYNG LEGYSLATYON (Items listed below are legislation which wilt be addressed at a later date as noted and are not action items for this meeting.) Ordinance No. 2202-2006 -- Amending KMC 11.05.090 to Limit the Use of the City of Kenai Boat Launch, Located at the Municipal Harbor, to Vessels and Boats Powered by Four-Cycle or Direct Injection Two-Cycle Engines. (1/17/07, Tabled, no time certain) EXECUTIVE SESSION -- None Scheduled ITEM N: ADJOURNMENT INFORMATION ITEMS APRSL 4, 2007 Page No. i. 3/30/2007 Purchase Orders Between $2,500 and $15,000 for council review.. 184 2. 3/21 /2007 US Army Corps of Engineers Public Notice of Application for Permit ....................................................... 185 3. 3/28/2007 Frontier Community Services 4~ Annual FCS World Series Baseball Game letter ............................................ 197 4. State of Alaska, Dept. of Transportation & Public Facilities Announcement, STIP Amendment#13 ............................................ 198 5. 2 First Quarter 2007 Kenai Visitors & Cultural Center The Mouth of the Kenai . 203 Suggested by: Administration GITY 4F KENAY ORDINANGE RO. 2216-2©07 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $3,650,322 IN THE RUNWAY SAFETY AND IMPROVEMENTS CAPITAL PROJECT FUND. WHEREAS, the Airport Master Plan calls far certain improvements to the main runway including new runway lighting, overlay of runway pavement, pavement of runway shoulders, and a 200 foot extension of the runway to provide required safety area on the south end of the runway; and, WHEREAS, Ordinance 2171-2006 appropriated $8,654,232 of the total estimated project cost of $12,604,554; and, WHEREAS, the FAA has offered a grant of $3,541,997 to fund 95% of the project; and, WHEREAS, the State of Alaska is expected to provide 2.5% of the project cost; and, WHEREAS, the City previously funded $300,000 of its 2.5% share which totals $315,114 and the additional funds are available in the Airport Fund. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Airnort Fund Increase Estimated Revenues: Appropriation of Fund Balance $15,114 Increase Appropriations: Transfer to Capital Project Fund $15,114 Runwav Safetv Area Capital Project Fund Increase Estimated Revenues: FAA Grant $3,541,997 State Grant 93,211 Transfer from Airport Fund 15,114 6 0 ~2~ Increase Appropriations: Engineering $ 50,000 Construction 3,600.322 650 3~.~ Ordinance No. 2216-2007 Page Two PASSED BY THE COUNCIL OF THE CITY OF KENAl, ALASKA, this 21st day of Mazch, 2007. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced Adopted: Effective: Approved by Finance: (03/O1J2007) j1 March 7, 2007 April 4, 2007 April 4, 2007 2 Suggested by: Councilor Ross CITY OF KENAI ORDINANCE NO. 2219-2409 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 21.15.190 BY ADDING A NEW SUBSECTION (d} THAT ALLOWS A LEASE APPLICANT TO REQUEST A CONTRACTUAL RIGHT TO PURCHASE THE LEASED PROPERTY AT FAIR MARKET' VALUE i~TiTHIN TWELVE MONTHS AFTER COMPLETION OF THE DEVELOPMENTS AS DETAILED IN THE LEASE'S DEVELOPMENT SCHEDULE. WHEREAS, KMC 21.15.190(c) allows a lessee to request a sale of the leased land following completion of the developments set farth in the lease's development schedule; and, WHEREAS, the lessee does not have a right to purchase the lease property and may only request a sale folowing completion of the required developments; and, WHEREAS, some lessees may requu-e the contractual right to purchase the property following development of the propel-Ly; and, WHEREAS, inability'to grant a contractual right to purchase the property for fair market value following completion of the required developments may discourage economic development with the City of Kenai; and WHEREAS, the City Council should have the ability to grant the contractual. right by resolution for a sale of leased property at fair market value if it feels such a contractual right is hi the best interest of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF TF-IE CITY OF KENAI, ALASKA, that KMC 21.25.290 is amended as shown on Attachment "A" by adding a new subsection (d). PASSED BY THE COUNCIL OF THE CITY OI' KENAI, ALASKA, this fourth day of AprIl, 2007. PAT PORTER, MAYOR ATTEST: Carol L. F7•eas, City Clerk Introduced: March 21, 2007 Adopted: April 4; 2007 Effective: May 4, 2007 21.15.140 Sale procedure. (a) The City Manager will obtain such. an appraisal. for a determination of the minimum price on said land. (b) Where any party, hereinafter called "Applicant," requests that a tract or tracts of Land be sold for which an appraisal will be required, which will require subdividing, platting, or surveying and staking, or which will require advertising or incurring any other expenditures by the City prior to sale, (I) No actions in preparation for sale will be taken by the City unfit an agreement co purchase shall be properly executed and filed with the City Manager for the purchase of such land with payment of sufficient good faith deposit, which. shall. consist of Dash or its equivalent deposited with the Finance Officer of the City of Kenai, as maybe determined by the City Manager, to cover all expenses of the City and such. agreement to purchase shall farther contain the agreement by applicant Co pay any additional costs if said goad faith deposit is insufficient to pay all costs incurred by the City. (2) If at any time during the process of preparing for sale, the applicant gives notice to the City Manager of withdrawal of the request for sale, the City Manager shatI stop ail procedures, shall pay expenses incun-ed prior to termination of sate procedures, and shall reimburse applicant for say good faith deposit advanced in excess of all expenses incun-ed. (However, if another. party desires the sale tc proceed, files an application far sale, executes and files an agreement to purchase, and advances sufficient funds therefore, then the prior applicant will be reimbursed for expenses charges which can be attributed to the subsequent applicant.} (3) If all actions necessary for preparation for sale have been accomplished, and if neither the app]icant nor any other party purchases said land when first offered for sale after such request, then all expenses incurred in preparation for the sale will be paid from the good-faith deposit, and Che balance, if an}~, shall be returned to the applicant. 1f the sutras advanced as good faith deposit are insufficient to pay all of the casts, the applicant will be billed For the balance due and normal collection. procedures followed. (4} If the land applied for is sold on public sale set in response to such request to anyone other than applicant, then on closing of said sale, die good-faith deposit will be refunded in total tq the applicant. The City's expenses will be first deducted from the deposit of the successful bidder. (5) ff the land in question is sold to applicant, the good-faith deposit advanced, after deducting the City's expenses, will. be applied on the payment due at closing. (6) It the ]and in question is to 'be sold by sealed brd and the applicant has submitted a valid bid, but said applicant is not the high bidder, he may purchase the land by tendering the City a bid equal to the high bid within five days of the bid opening. If the land sale is initiated in accordance with KMC 21.15.060(a), the applicant shall be defined as that party submitting the initial. lease application. (c) IF the tract of land proposed to be sold is leased land, the lessee may request the sale of said land at not less than the fair market value. The current lessee may request to negotiate a sale only after, to the satisfaction of the City Manager, developmont has been completed as detailed in the development schedule which has been incorporated into the lease agreement. If there is no development schedule, the lessee may request eo purchase the property if there have been substantial improvements as determined by the City Manager. The decision whether or not to sell the land to the lessee rests in the sole discretion of the City. Ordinance No. 2219-2006 Attachment A Page 1 of 3 4 (d) An applicant ma~quest the lease of city land include a right to purchase the leased Land within twelve months of the completion of the development as detailed in the develo to nenC grant the. request if it determines it is in the best interest of the city. [(D)]je) If the tract of land proposed to be sold is not leased land, or is leased land without substantial improvements, then the tract of land may only be sold by outcry auction or by competitive sealed bids. The decision whether or not to sell the }and rests in the sole discretion of the City. If the tract is to be put up for such competitive auction or sealed bid sale, notice of sale and the manner in which the land is to be sold shall be published in a newspaper of general circulation within the City once each week for two successive weeks not less than 30 days prior to the date of sale; such notice shall also be pasted in at least three public places within the City at least 30 days prior fo the date of sale, and such other notice may be given by such other means as may be considered advisable by the City Manager. Such notice must contain: (].)the legal description of the land, (2) a brief physical description of the land, (3 j the area and general location of the land, (4) the minimum acceptable offer for the land (which shall be its appraised fair markeC value), (5) the terms under which the land will be sold, (6) any limitations on the sale of said land, {7) the fzme and place set for the auction or bid opening, {8) the amount of deposit to be submitted with each bid in order to cover the City's expenses such as survey, appraisal, and reviews, (4) any ether mattezs concerning the sale of which the City Manager behevae the public should. be informed. [(E)]~f) Where a real estate agent furnishes a buyer for City land, the closing agent shall be authorized to pay said agent a real estate commission of five percent (5%) of the purchase price for the land or five percent (5%) of the appraised fair market value of the land, whichever is lower, under the fallowing terms and conditions: {l) The City Manager shall provide anon-exclusive Listing of Lands available for sale. (2) No commission shall be paid to an agent where said agent is a party, or in privity with. a party, w said sale. [(P)]{g~Closing of sale of City lands shall be handled by a title or escrow company within the city which specializes in closing of real estate sales. [(G)] 1{~i Conveyance of City Lands shall be by quit claim or warranty deed furnished by the City, and buyers are advised that all such conveyances are subject to all liens, encumbrances, restrictions, and covenants of record and are specifically, without being limited thereto, subject to any unreleased restrictions contained in the deed or deeds by which the City reoeived title to the land. The deed shall be signed by the City Manager and attested by the City Clerk. The form of the deed shall be approved by the City Attorney. [{H)]~ If a buyer desires to obtain a preliminary commitment far title insurance or title insurance to the land, then it shaII he the respansi'bility of the buyer to obtain such commitment or insurance and to pay for the same. Ordinance No. 2219.2006 Attachment A Page 2 of 3 _ [(I)](j) Zf the tract or tracts of land are sold under teruas by which the Gity is to accept a note as a portion of the purchase price, the note and accompanying deed of trust must be prepared by ar. attorney, but must be approved by the City Attorney prior to closing. [(J)]~) Said note shall be placed far collection with a bank selected by the City Manager, which may be changed from time to time, and which shall be the bank in which City funds are deposited. The sat-up fee Co initiate collection may be negotiated, and the buyer shall pay the annual collection fees for such bank collection. [(K)](I To enable the city to compete on an equal basis with. private enterprise in lands disposal, the City Manager is hereby authorized Co negotiate a division of the costs of sale listed in KMC 21.15.190{f)(g)(h)(i) and (j) to a maximum of fifty percent (50°Io) of the requia~ed costs being borne by the City. Ordinance No. 2219.2006 Attachment A Page 3 of 3 6 Suggested by, Planning and Zoning CYTY OF KENAI NO. 2220-2007 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAl, ALASKA, AMENDING THE OFFICIAI, KENAI ZONING MAP BY REZONING APPROXIMATELY 241..4 ACRES IN THE CFTY OF KENAI TO THE CENTRAL MIXED USE ZONE, THE AREA INCLUDES PARCELS CURRENTLY ZONED GENERAL COMMERCIAL, CENTRAL COMMERCIAL, LIGHT INDUSTRIAL AND SUBURBAN RESIDEIVTLSL AND IS GENERALLY LOCATED NORTH AND SOUTH OF THE KENAI SPUR HIGHWAY AND INCLUDES PROPERTIES BETWEEN BRIDGE ACCESS ROAD AIVD UPLAND STREET AND PROPERTIES ALONG MAIN STREET LOOP, NORTH WILLOW STREET AND AIRPORT WAY. WHEREAS,sn 2006 Ordinance 2185-2006 was adopted which established a Central Mixed Use Zone; and, WHEREAS, the zone is designed for a centrally locaied, pedestrian-friendly area for general retail shopping, personal and professional services, entertainment, and restaurants to be mixed with residential uses; and, WHEREAS, the Planning and Zoning Cormmission held work sessions in September 2006 and January 10, 2007 with property owners to review the proposed rezone; and, WHEREAS, the area to be rezoned includes parcels zoned General Commercial (CG), Central Commercial (CC), and Light Industrial (ILj; and, WHEREAS, rezoning the properties allows for a mixture of commercial and residential use while limiting industrial uses; and, WHEREAS, the Comprehensive Plan recommends defining a city center to encourage revitalization of the area; and, WHEREAS, the Planning and Zoning Commission held a public hearing on the rezone on February 14, 2007 and voted unanimously to rezone the parcels; and, WHEREAS, the area to be rezoned is shown on Attachments A and B; and, WHEREAS, it is in the best interest of the City of Kenai to rezone the area shotun on Attachments A and B to the Central Mixed Use Zone (CMU). NOW. THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CPPY OF KENAI, ALASKA that the official Kenai Zoning Map is as shown on Attachment A and Attachment B. Ordinance No 2220 -2001 Page 2 of 2 PASSED BY THE COUNCIL OF THE CPI's.' OF KENAF, ALASKA, this 4th day of April 2007. PAT PORTER; iVfAYOR ATTEST: Carol L. 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'YY `n , e4 $ '~ia$j :e ~ N °<`4 O m, e O a ti Q ~ ' ~ ~ "s ~~ ~ ~ s ~ 8 e $ <G Ws ~m ~ ~ QQ~~ ' g ~ ~ ~"-q ~~~ ~~ Q a~ ob o ~ ~ ,' '~ a'. y Q ~ ~~a Q X ~jR ~ ~ ~ ~ ~' a m Q g G U 0 a om rv a N~ z'a s` O 17 -~ ~~~- t~. , ., s _• - =,r~ `\ the c~~ o f // KEN~[I~ Slf~l "Vill~9e u~it~t a Past Git~ wit~t a Future" 21D Fidaiga Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 /FAX: 907-283-3014 MEMO: Td: Rick Kach, City Manager THRU: Jack La Shot, Public Work~~~er FROM: Marilyn Kebschull, Planning A mistrator -` } DATE: March 12. 2D07 SUBJECT: Proposed Central Mixed Use Rezone The proposed ordinance rezones 329 parcels. As result of this rezone, some panels will become non-conforming uses under the Central Mixed Use (GMU) zone. Non-conforming uses may continue; however, may not be enlarged (KMC 14.20.050). Nan-conforming uses would include those listed as "C" - "Canditional Use" and "N" - "Not Permitted" in the Land Use Table. If a use is listed as conditional in the Land Use Table and the owner wanted to enlarge the development, they could apply for a Conditional Use Permit. Only uses listed as "N" - "Not Permitted" would have no option for enlarging the use. Attached is a spreadsheet and map showing those affected parcels. Using the Kenai Peninsula Borough's assessing data far property usage as well as driving through the affected areas. the following non-conforming uses would be created by the proposed rezone: # Parcels KPB Usa e Code Im roved Value Use 1 ; 110 Residential Units 1-4 i ~$1Q000 "C" 18 , 110 Residential Units 1-4 ` $20,400 to $165,000 "C" 8 310 Commercial Apts 5+ LinltS $141,000 to $1,102,500 "C" i 1 320 Commercial Mobile Home Park $35,400 "C" 4 350 General Cammercial $32,500 to $95,000 "G/N" I 1 561 Leased Commercia! $243,600 ~ "N" ~ 1 360 Commercial Parkin Lot $0 "C?" I~~~f 1992 18 Ordinance No. -2007. Page 2 'The only use listed in this section that is "N" - "Not Permitted" is the warehouse located at 345 Main Street Loop owned by Preferred Plumbing. It is possible that if the owner wanted to add square footage to the structure, the use could be reviewed and if it is storage, a Conditional Use Permit could be requested. ZSame of the uses in this category have used large portions of fheir parcels for storage of miscellaneous materials and vehicles. That portion of the use may require review and possibly require the property owner to apply for a Conditional Use Permit if the property owner wants to increase that use of the property. 3This property was previously leased and used as a storage yard for wrecked/junk vehicles. Under KMC 14.20.D50(h) this was anon-conforming use and should have required a Gonditional Use Permit with an 8-foot high sight- obscuring fence. 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M1 F SB ~ a`~ pr e m~ o ~5 . n Ma .n I mr. m m I a_ _M a m~ mm °~ $~. °N ~a B R' $M M R d U T3 ~ W ~ ~ ~ O ~ ~ ~ O O ~ ~ ~ ~ ~ ~ O ~ ~ Q,~,} ~ C _ RI ~ _~ C U CU '- U ~ °~ f03 ~ ~ ci9 -~ Q ~ O X 0.. W C O N Suggested by: Administration CITY OF KENAI ORDINANCE NQ. 2221-2(307 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $213,315 FOR PROJECTED UTILITY COST INCREASES. WHEREAS, utility rates have increased substantially in the last year; and, WHEREAS, the FY2007 budgets for utilities are inadequate; and, WHEREAS, fiznds are available in the fund balances of the respective funds. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI; ALASKA that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Appropriation of Fund Balance Increase Appropriations: Visitor's Center -Utilities Transfer to Senior Fund Aeon-Departmental -Utilities Police -Utilities Fire - Utilities Animal Control -Utilities Shop -Utilities Streets -Utilities Street Lights -Utilities Library -Utilities Recreation -Utilities Airport Fund Increase Estimated Revenues: Appropriation of Fund Balance Increase Appropriations: Terminal -Utilities Airfield -Utilities X96 470 $3,845 6,900 9,120 5,950 11,525 4,600 19,400 900 11,660 5,370 17,200 470 37 $15,200 32,170 $47 370 22 Ordinance 2221-2007 Page Two Water and Sewer Fund Increase Estimated Revenues: Appropriation of Fund Balance 4b 475 Increase Appropriations: Water -Utilities $24,600 Sewer -Utilities 700 WW'CP -Utilities 20.175 $4 ~ 4'7 ~ Senior Fund Increase Estimated Revenues: firansfer from General Fund $6,900 lnerease Appropriations: Utlities $6,90D Conare~ate Housin Fg and Increase Estimated Revenues: Retained Earnings $17 ,100 Increase Appropriations: Utilities $17,100 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fourth day of April, 2007. PAT PORTER, MAYOR ATTEST; Cazol L. Freas, City Clerk Approved by Finance:_,_ (3(14(2007) hl Introduced: Adopted: Effective: March 21, 2007 April 4, 2007 April 4, 2007 23 Suggested by: Planning and Zoning CITY C1F KENAI ORDINANCE NO. 2222-2007 AN ORDINANCE OF THE COUNCIL OF THE CITS' OF KENAI, ALASKA, AMENDING THE OFFICIAL KENAI ZONING MAP BY REZONING A PORTION OF REDOUBT TERRACE BLUFF VIEW REPEAT (PRELIMINARY PLAT), FROM CONSERVATION (C) TO SUBURBAN RESIDENTIAI, (RS). WHEREAS, the portion of the property to be rezoned contains appro~mately 12,266 square feet and is currently zoned conservation; and, WHEREAS, this property is being replatted with the adjoining parcel to create a larger parcel; and, WHEREAS, the replat will create asplit-zone situation containing lots zoned Suburban Residential (RS} and Conservation (C); and, ~X~I3EREAS, having asplit-zoned parcel creates problems for land use planning; and, VdHEREAS, the Planning and Zoning Commission recommended the property be rezoned prior to allowing recording of the final plat; and, WHEREAS, rezoning the property would enlarge the adjoining Suburban Residential (RS} zorvng district; and, WHEREAS, on March 14, 2007, the Kenai Planning and Zoning Commussion voted unanimously to rezone the parcels. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that the official Kenai Zoning Map is amended by rezoning a portion of Redoubt Terrace Bluff View Replat (Preliminary Piat), from Conservation (C) to Suburban Residential (RS) as shown on Attachment A. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fourth day of April, 2007. PAT PORTER, A~IAYOR ATTEST: Carol L. ~-eas, City Clerk Introduced: March 21, 2007 Adopted: April 4, 2007 Effective: Apri121, 2007 24 Ordinance 22.2?-2U07 Attachment A . ~K x~` $ S2 -s~ d N m ~~U{3Y ~ {`- ~ gul~x~ ~ 3~ yp ~.„\ ~ d 7 W z w ~~ z ( UV Jg Wd \m ~ 4 wzS 33 L oa ~ ^SS a m €~~; Mzd ~ tf QQ i~~S 'L Y~ i U ~5~ Yt p'Q'.i uKS.p •~a T ~R W 5 ° ~ ~ } F ~ g A~ ~ o~ pJ~ ~. °~ '~. w~R tO~ i.i ~~~ ~ ~a °Q`rc' ~ 544€ Q~ a~,y ~s~~ ~ ~' ~. ~~ r Uf ~ h E 7- LL i ~g x d 'rf -e b "J y~ ~..,. Zf^ t-i zgE x° ro ~l U's Y T¢ v Q F.w Z~ u Q~ W ~ot.fi ' 6 a, ~~~~ ~ z m ~~ ~ e ode ~g, ~~ ¢ ~~yz e ~ a~ ~~aa .5LB18 3.SiFU' 06 M9tl .S: q'~ `/1 ~,•1 .lL'C¢{M.Bb.zwoN~ ~~3 K ^'~ jV ~OJ I.OLYLIJ Au°wew3 fiilA1f1~01 Fhel rvrvrvIII~IM (£' $/ aCyi b W o,q ~/ sw n~ ~ ~ ~/ ,~;^ ~ a oG J / ~~r A7 a A 5` a l .B~Po. .s E > ~ o ~~~ a ~~ ~~ ~ ~ ~ i /~ \ \ ~ '/ d. ~ ~ S ~... ~ ~ a ~ / ~ 1 ~~w ~~@ ~ ~~ ~ $ ~ s r E s_ Q~ ~' ~J ~~ Y y ~' ~a~ J ~ s ~ ~~~~ '~ e-gfr6~$ e$ ~:~ °' d ~«~Eb ~ e5 ba'n ~ c °r 9gY~E' 0 23 5€ °Q ~y ~ ep~s-~ va ~ a ~ ..... s E~= nF .§O ~ e 6 ¢4 ~~~T * i{AAl ~KJJ Ey~ qA 5 v 2 Ii tea; .A~ ~" °h~Ai r~ g~6x°I 9 .: sad ~' ~fi :p: ~ sE~89 0 6F8 b9 Z « ~ ~, ~ IJ~(~~~~ ~€~~~'L ~5 §m E6 w `~ ~ ~56 fre ~m9 S¢ ~ ° ° e=gg 68 r Y~ o bW .. ¢3.S~gE . O __e4€: $ Z ~ « m 25 Suggested by: Administration ezr~ of xErr~a RESOLU'i'i®N NO. 2007-05 A RESOLUTION OF THE COUNCIL OF THE CI'I'Y OF KENAI, ALASKA, APPROVING THE LEASE FORM FOR LEASES OF AIRPORT LAND OUTSIDE OF THE AIRPORT RESERVE. WHEREAS, the Kenai Municipal Airport is the owner and lessor of a significant amount of property within the City of Kenai; and, WHEREAS, the City of Kenai has undergone as supplemental planning assessment in order to update airport operations including: planning, finances, accounting, management, and leasing; and, WHEREAS, as part of the supplement planning process airport land was divided into the Airport Reserve and land outside of the Airport Reserve; and, WHEREAS, those two areas have different rules governing leasing; and WHEREAS, the procedures for the leasing of airport land outside of the Airport Reserve lands is contained in KMC 21.15; and, WHEREAS, KMC 21.15.160(x)(3) states the lease form for land outside of the airport reserve should be approved by the city council by resolution: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, AL.9.SKA, that the Iease form far land outside of the Airport Reserve as shown on Attachment A is hereby approved by the City Council. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21s~ day of February, 2007. PAT PORTER, MAYOR ATTEST: Carol L Freas, City Clerk 26 ATTACHMENT A LEASE C3F AIRPORT LANDS (Outside the Kenai Municipal Airport THIS AGREEMENT, entered into this day of between the CITY OF KENAI, 210 Fidalgo Avenue, Kenai, Ali municipal corporation of Alaska, hereinafter called "City," and _ whose address is That the City, in consideration of the payments of t)i re herein contained by the Lessee, does hereby demise and described property in the Kenai Recording District, Tltit wit: :_._.. ~_, by and home-rule called of all the covenants the Lessee the following u~~Distgipt, State of Alaska; to Lot_, Block _, ="' , according to Plat No. A. PURPOSE The ptaCpose for whrch~he Lease is issued is: "` B. TERM: The term of this Lease rs fot'= years, commencing on the _ day of 200 to tle_day of J-uue, ~. C. I1~AI, PA 1'MENT: Subject to the terms of General Covenant No. 9 of this Lease, rernalr~r the above=described lazfd shall be payable as follows: The a~rkuaI rental rate sha116e 8% of the fair market value {as set forth and defined in Gef~ral Covenan€t3sio. 9) of the demised premises. The rental effective , 200_, shall be ~ - pez'year, plus applicable sales tax, based on a value of $ , subject to redetermrrxitiorr""pursuant to General Covenant No. 9. 2. '' Annual rent for the fiscal year beginning July 1 and ending June 30 shall be payable in advance on or before the first day of 3uly of each year. If the annual rent exceeds $2,400, than 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 nn or before the first day of July and on or before the first of each month thereafter. LEASE OF KENAT AIRPORT LANDS OUTSIDE THE AIRPORT RESERVE -Page 1 of 18 (aUaeh A) Lessor: Lessee: 27 Rental for any period that is less than one (1) year shall. be prorated based an the rate of the last full year. In addition to the rents specified above, subject to General Covenant No. 9, Lessee agrees to pay to the appropriate parties all levies, assessments, and charges as hereinafter provided: (a) Taxes pertaining to the leasehold interest of the (b) Sales tax now enforced or levied in the fu in monthly installments whether rent is paid on a (c} Lessee agrees to pay all taxes and City of Kenai, as if Lessee was considere property. __ {d) Interest at the rate of eight percent penalties of any amount of money awed under before the date it becomes d~~e. (e) Repayment of ' ^fbrl to KMC 21.15.130. Repaymers~shalL~e plus $~na.zlterest owing on'~ie u'. entire rematntsTg balance earlier than due. D. upon rent payable ~rlv basis. is levied in the future by the owner of recard,;iif'the leased annum and ten percent (10%a) is not paid on or constructed improvements pursuant rn yearly payments of balance. The lessee may pay the d ~TSES: Ex;cept as provided herein, any regular use of lands or facilities without the trxltten constant of the` Ctty y~. prohibited. This prohibition shall not apply to use of areas desa~ ated by the City for specified public uses, such as passenger terminals, automobile parlangasezand streets. ~ USE~IVOT CONTEMPLATED PROHIBITED: The promotion or operation of any par[~r ~rnd of business or commercial enterprise, other than as specifically set forth herein, upon ~t}=or" above airport lands, without the written consent of the City is prohibited. 3. ASSIGNMENT OR SUBLETTING Lessee with City's prior written consent, which will not be unreasonably denied, may assign, in whole or in part, its rights as Lessee hereunder. LEASE OF KENAI AIl2PORT LANDS Lessor: _ OUTSIDE THE AIRPORT RESERVE -Page 2 of 18 (attach A) Lessee: 28 Any assignee of part or all of the leased premises shall assume the duties and obligations of the Lessee as io such part or all of the leased premises. No such assignment, however, will discharge Lessee from its duties and obligations hereunder. 4. COSTS AND E~?ENSES: Costs and expenses. incident to this lease, including butnat limited to recording casts, shall be paid by Lessee. 5. TREATMENT OF DEMISE: The Lessee agrees to:aseep'Yhe premises clean and in good order at its own expense, allowing no damage, waste, ntir destruction thereof, nor removing any material therefrom, without written permission of the Caty, 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, 6a`h7c d be made payable to the City of Kenai and delivered to.Ehe City Fidalgo Avenue, Kenai, Alaska 99611.. 7, CONSTRUCTION APPROVAL AND', construction shall be neat and presentable and compatible with to placing of fill material and/or constrtt~fi submit a plan of proposed development of writing for all permanent improvements: 8. of any portion of the the Lease or in any r written notice give L default is not eure~~ pretises, anct=remov _ 9. five (5) years, the increase or decr'e five {5) year mte independent apps until after thirty f on a or postal money`orders shall inistration Bui7dine, 210 >ARDS: Building S"and surroundings. Prior area, the Lessee shall shall be approved in ,[7L,T R`IIsLI'T OF ENTRY: Shouid default be made in the payment fees when=due, or m an~=of the covenants or conditions contained in ns now~ar'heremafxern force, then in such event the City shall by ~trtyt~30) days~o cure such default or defaults, after which if the m~y,terminace the Lease, reenter and take possession of the written notice. Fair Market Value is defined as "the highest pr7ce estimated in terms of money which a property wwill bring if exposed for sale on the open market allowing a reasonable period of time to find a purchaser who buys with knowledge of all the uses to which it is adapted and for which iC is capable of being used." This Fair Ma~:ket Value will be based on the condition of the land on the date of this lease plus the value of improvements, if any, made by the City subsequent to the date of this Lease which would affect the value of the property. LEASE OF KENAI AIRPORT LANDS Lessor:. OUTSIDE THE AIRPORT RESERVE -Page 3 of 18 (attach Aj Lessee: _ In the event this Lease is far a teen in excess of amount of~rents or fees specified herein shall be subject to redetermination for se based,~i~i `the percentage rate (set in C.1 above) of fair market value. At each rai~~the "ity will have the fair markervalue detelznined by a qualified iisai?''IVo increase or decrease in the amount of rents or fees shall be effective, 29 I0. LEA5E UTII.IZATION: Leased lands shall be utilized for purposes within. the scope of the application as approved (made a part of this Lease and attached hereto), the terms of the Lease, the terms of the deed. under which the land was granted to the City (and any releases pertinent thereto), in conformity with the ordinances of the City and Borough, with Kenai Airport Regulations, and insubstantial. conformity with the comprehensive plan. Utilization or development for other than the allowed uses shall constitute a y,(ation of the Lease and subject the Lease to cancellation at any time. Pailure to aubstantial)y abmplate the development plan of the land, consistent with the proposed use and terms of the Lease; shall constitute grounds for cancellation. 11. CONDIT`TON OF PREMISES: The prerfaxses flemised hergjn are unimproved and are leased on an "as is, where is" bests. 12. LJNDERLI'II~tG TITLE: The interests tranarred, or conveyed by this Lease ate subject to any and all o£ Che covenants, terms or~ondttiotis contained in the instruments conveying title or other interests to the City 13. City ahall have t'he right at all reasonable times to enter the premises, or any part thereof~or the purposes afrihspection. 14. IlVDEMNil ICATION :4ND ]SURA'CE: Lessee covenants to indemnify, defend, save and hc~~ k~ City,rts ~tected and appointed officials, agents and employees harmless from alf_=actions, suits, ltabtlities, or damage, or liability of any nature; kind or character, including casts, expenses-and attorney's` fees resulting from or arising out of any acts of commrssron or~am{~sion by the Levee his'"agents, employees, customers, invitees, or arising from or out of the Le'ssee's occupafrorl, oz use of the premises demised, or privileges granted, and to pad ~ll~~asts cont3ected therewith. Lessee, at the';expense of Lessee, sha31 keep in force, during the term of this agreerixertf, insurance issued b}~ responsible insurance companies authorized to do business in Aiaslca, in fo'rzYts, kinds and ~tnounts as determined and directed by the City for the protection of City and/or Lessees Insurartce'requirement hereunder shall be subject to the sole determination of the City. All poher~s or indorsements therein shall in all cases where possible name City as Additional Named Insured thereunder and shall contain a waiver of subrogation against the City. All insurance shall~e by a company/corporation currently rated "A-" ar better by A.M. Best. Upon approval by City of all insurance required, in the forms, kinds and amounts directed to be procured, Lessee shall deliver all policy originals ar duplicate originals and endorsements thereto to the City for incorporation within this agreement as attachment thereto. In any event, Lessee is not to commence to exercise any of the rights and privileges granted LEASE OF KENAI AIRPORT LANDS Lessor: OiTTSIDE THE AIRPORT RBSERVE -Page 4 of t8 (attach A) Lessee: _ 30 under this agreement until such time as all insurance directed and required to be furnished by Lessee is in full force and. effect. Lessee expressly understands and agrees that any insurance protection furnished by Lessee hereunder shall in no way limit its responsibility to indemnify and save harmless Lessor under the provisions of this agreement. No policy of insurance shall he cancelled or amended with respecfto the City without thirty (30) days written notice by registered or certified mail to City by the insurance company. Until otherwise directed in writing by the CitytManager, Lessee shill provide certificates of insurance within thirty (30) days of the date het'eof as follows =- (a} Commercial t3eneral Liabilitv~„rilui ..~-... products and completed operations, form contractual, with aper-oceurrei combined single Iimit. If this Lease a sale or the commercial dispensing or must not exclude ~tiverage,of.the Le, policy must name the Ctty as`tm adds (b) Commercial;-Automobrle Ga~era~e v combrr~ed strigle limit per,`occurrenct owned, hired,'and non owned=molar (c) aerations; property damage, ~halinjury and death,broad- of not less than $1,000,000 > th~Lessee to engage in the aviation fuel, the policy I handling activities. This pith not less than $1,000,000 . This insurance must cover all vehicles used by Lessee. rkers Comoeri'sati6n Tbsurance. The Lessee will provide and maintain, all errtployees, coverage as required under AS 23.30.045, and, where ~icable, any offer statutory obligations. The policy must waive rogation ~arnst the City. Notwithstanding anything to the contrary, if Lessee fails or neglects to secure required insurance or if satd~blicy or policies are terminated, altered, or changed in any manner not acceptable to the fit , "~6en and in that event this lease may be cancelled and terminated, }~ t without penalty on five (5) days written prior notice to Lessee. The City may approve aself-insurance program in lieu of the insurance requirements in this section, if the City finds in its sole discretion that such self-insurance program adequately protects the City. The typical amount of insurance coverage required is subject to review and adjustment at the discretion of the City at each five (5) year renegotiation of the lease. LEASE OF I~NAI AIRPORT LANDS Lessor: _ OUTSIDE TI3E AII2PORT RESERVE -Page 5 of IS (attach A) Lessee: _ 31 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 sha13 have such lien rights as are allowed by law. 16. EASEMENT GRANTS RESERVED: City reserves the right to grant and control easements in or above the land leased. No such grantor easement wi~J;be made that will unreasonably interfere with the Lessee's use of the land, and Lessee shall hate free. access and use of any and all parking and leading rights, rights of ingress and egressnow or hereafter appertaining to the leased premises. 17. LEASE SUBORDINATE TO FINANCING EOt7II2EM1uNTS: Lessee agrees that City may rnodi€y this Lease to meet reviled egliirements for Fe~eral'or State grants, or to conform to the requirements of any revenue b~iid covenant. However=the modification shall neither act to reduce the rightsorpt~aleges granf~d the Lessee by thisLease, nor act to cause the Lessee financial loss. 18. SURRENDER ON TERMINATION: Lessee shall, on the last day of the term of this Lease or upon any earlier tertxltlation of this Lease, suucYader and deliver upon the premises into the possession and use of pity ~c+or~t fraud or delays in good order, condition, and repair, except for reasonable wear and teal since th~'last-n~oessary repair, replacement, restoration or renewal, free and clear of all let#ings acid occupancies unless expressly permitted by the City in writing, and free,a~nd~lear of alldt~tr~"and encumbrances other than Chose created by and for loans to City. Upon the erid of the term of this Lease, including any extension or renewal, or any earlier termination theieof, true to t}e buildings, improvements and building equipment shall autoieally vest an Cit}+„wrthout'requirement of any deed, conveyance, or bill of sale thereon. However rf pity should req¢rre any such document in confirmation hereof, Lessee shall execu~elrnowledge, and deliver the same and shall pay any charge, tax, and fee asserted or irtsroosed by arFV_and all governmental units in connection herewith. Provided, hovt%ever;~tat Lessee shall retaintitle to and remove from the Premises at the Lessor's sole expense -any building, other improvement, or building equipment that the City has determttt~.d in wnti~g to the Lessor: 1 }has exceed its useful. life; 2} is damaged beyond reasonable reparr, ~S~S a £rindrance to the future use of the Premises, and 4) is of negligible value. .. I9. AIl2CRAFT 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 aircra€t in the airspace above the sm-face and all improvements approved by the City of Che premises herein conveyed, together with the right to cause in said airspace such noise as LEASE OF KENAI AIRPORT' LANDS Lessor: _ OUTSIDE THE AIRPORT RESERVE -Page 6 of 18 (attach Aj Lessee: 32 may be inherent in the operation of aircraft, now or hereafter used for navigatior, of or flight in the air, using said airspace for landing at, taking off from, or operating on the Kenai Airport. (When the City approves plans for improvements pursuant to paragraph 7, the City to the extent of those improvements releases the easement here expressed.) (b) The Lessee by accepting this conveyance expressly agrees for itself, its representatives, successors, and assigns, thaC it will not eree.C nor hermit the erection of any structure or object, nor permit the growth of any trees on the land conveyed hereunder, which would be an airport obstruetton within the standards established under the Federal Aviation Administratiaii ReguIafclns, Part 77, as amended, In the event the aforesaid covenant isbreached, the Cst-y,;-reserves the right to enter on the land conveyed hereunderafid'fEf remove the off(ndtfsrg structure or nbject, and to cut the offending tree, all of which shall be at the expense of the Lessee or its heirs, successors or assigns. 20. RTGIIT TO ENJOY1yiENT AND P}?-FABLE POSSESSIOIvT: City hereby agrees and covenants that the Lessee, upan paying rent ¢~nd performing other covenants, terms, and conditions of this Lease, shall)l~Ye the right to quietly and=peacefully hold, use, ;_ _,_ , occupy, and enjoy the said leased premises, exC~ttthat any ineona*etttence caused y pu is works projects in or about the leasehold premte,.s sFsll notbe construed as a denial of the right of quiet or peaceable possession. - 21. LESSEE TODAY TAXES: Lessee shall pay all lawful taxes and assessments which, during ha term he3•eaf may bect~ne a lien upon or which may be levied by the State, Borough City or any other tax levying'body, upon any taxable possessory right which Lessee may have in or to the property by reason of its use or occupancy or the terms of this lease, provided howeveF,-~tq~nothm~iterein contained shall prevent Lessee from. contesting any __ increase in such tax or assessment tltrou~h procedures outlined in State statutes, 22. SPECIAL SERVICES: Lessee agrees to pay the City a reasonable charge for any special~ervices or facilities not provided for herein if requested by Lessee in writing, and if the City agrees to_prov~d~uch services or facilities. 23. il"yO PARTNERSHIP OR JOINT VENTURE CREATED: It is expressly understood that the'i/lty shall not be construed or held to be a partner or joint venture of Lessee in the conduct of business on the demised premises; and It is expressly understood and agreed that the relationship between the parties hereto is, and shall at all times remain landlard and tenant. 24. DEFAULT BANKRUPTCY ETC.: If the Lessee shall make any assignment far the benefit of creditors or shall be adjudged a bankrupt, or if a receiver is LEASE OF KENAI AIRPORT LANDS Lessor: _ OUTBIDS THE AIRPORT RESERVE -Page 7 of 18 (attach A} Lessee: _ 33 appointed for the Lessee or Lessee's assets, or any interest under this Lease, and if the appointment of the receiver is nit vacated within thirty (30} days, or if a voluntary petition is filed under Section 18(a} of the Banlauptcy Act by the Lessee, then and in any event, the City may, upon giving the Lessee thirty (3Q} 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} Na person on the grounds of race, color, of natadnalorigin shall be excluded from participation in, denied the benefit&pf or be otherwise subjected to discrimination in the use of said facilities, _, (b) In the construction of any irnpraveriyents on, over of under siaeh'land and _. the furnishing ofservices thereon, no persbn on the grounds of lace;"color, or national origin shall. be excluded frotn'parttcipahon, denied the benefits of, or otherwise be subjected to discrimination (c} The Lessee shall use--the premises in compIianae`with all other requirements imposed by=flr purant, to Title 49, Cede of Federal Regulations, Department of Transportation, Subu~e A. office of the Secretary, Part 21, Nondiscrimination in Federally-assas,t~dPrograms of the Department of Transportation ~, r ~~tuation of Title VI of the Civil Rights Act of 1964, and as said Regulations ma}rbe amended; (d} n the event faefhtie,~ are .constructed, maintained, or otherwise operated on the ~sard prr~~et~`descrit"s'ed~in"ffiis Lease, for a purpose involving the provision of sfr~il~r servicesor benefits, the Lessee shall maintain and operate such facilities and service in com~Iiar~-e with all other requirements imposed pursuant to Tula 49, Code of`deral regulations, Department of Transportation, Subtitle A, Office a'f the Secretary„ Pai~21, Nondiscrimination inFederally-assisted Programs of the Department of Transportation -Effectuation of Title VI of the Civil Rights Act of 19~i4, and assaid Regulations maybe amended. 26. _;;ii1~ARTIAL INVALIDITY: If any term, provision, condition, or part of this ~.,.: Lease is declared by°a court of competent. jurisdiction to be invalid or unconstitutional, the remaining terms, provisions, conditions, or pairs shall continueln full force and effect as though such declaration was not made. 27. MODIFICATIONS: No )ease 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. LEASE OF KENAI AIRPORT LANDS Lessor: _ OCTfSIDE THE AII2PORT RESER~B -Page 8 of 18 (attach A) Lessee: _ 34 28. WARRANTY: The City does not warrant that the property which is the subject of this Lease is suited for the use authorized herein, and no guarantee is given ar implied that it shall be profitable or suitable to employ the property to such ase. 29. RIGHT TO ADOPT RULES: City reserves the right to adopt, amend, and enforce reasonable rules and regulations governing the demised premises and,€he public areas and facilities used in connection therewith. Except in cases of emergency„rro rust; or regulation hereafter adopted or amended by the City shall become applicable unless Lessee has been. given thirty (30) days notice of adoption or amendment thereof. 30. NON-LIABILITY: City shall not be ]tabig to'T:-:essee for as diminution or deprivation of possession, or of Lessee's right hereunder oncotfnt of the exerct5~gf ariy such right or authority as provided in this or the preceding sectifin, nor shall Lessee be enti'3~led to ,,.; terminate the whole or any portion of the leasehold estate herein cretlted, byreason of the exercise of such rights or authority, unless the exere%se thereof sFfall 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 Staff of A1,aska and of the United _, States made applicable to the states 31. FINANCING: - - #: {a} For the gu~p~se of intenan orpertnanent financing or refinancing from time to time tip the improvements to be placed upon the leased premises, and for no other~turpose, Lessee, after gtving'written notice thereof to the City, may encuml'erb~:,mortgage,`deed of trust, assignment or other appropriate instrument, Lessee's mtere~t insthe ]eased psernises and in and to this Lease, provided such encumbrance pertains only to such leasehold interest and does not pertain to or create aiiy interest m-Ctty's title to the leased premises. If such mortgage, deed of _ trust, or assignment shall be held by a bank or other established lendingor financial institution (which terms shall include an established 'insurance company ;and quahfied~ension or profit sharing trust) and such institution shall acquire the Lessee's intet~st in such Lease as a result of a sale under said encumbrance pursuant ~=a foreclosure or other remedy of the secured party, or through. any transferor lieu of foreclosure, or through settlement of or arising out of any pend~xng or contemplated foreclosure action, such lending institution shall have the privilege of transfemng its interest in such Lease to a nominee or a wholly owned subsidiary cozporation with the prior consent of the City, provided, however, such n•ansferee shall assume all of the covenants and conditions required to be performed by the Lessee (including payment of any monies owed by Lessee to the City under the Lease), whereupon such lending institution shall be x•elieved of any further liability under such Lessee from any default after such transfer. Such LEASE OF KENAI AIRPORT LANDS I..^,ssor: _ OUTSIDE THE AIRPORT RESERVE -Page 9 of 18 (attach A) Lessee: _ 35 lending institution or the nomsnee or wholly owned subsidiary corporation to which it may have transferred such Lease, or any ether lending institution which may at any time acquire such lease shall be relieved of any further liability under such lease from and after a transfer of such lease. (b} A leasehold morCgagee, beneficiary of a deed of trust or security assignee, shall have and be subrogated to any and all lights 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~biarg of any such deed of trust, or the security assignee shall give the City befar'e any dbfgult shall have occurred in the Lease, a written notice cantainingrtheiz~ame and pp~t office address of such holder, the City shall. thereafter give to such`holder a copy of. ead~s notice of default by the Lessee at the same time as any notice of default shalj he given by the City to the Lessee, and the City wi)~ trot thereafit~~_accept any surrender or enter into any modification of Chts Lase wtthou~the prior written consent of Che holder of any first mortgage, beneficial interest under a first deed of trust, or security assignee, in this Lease. (d} If, by reason of any defatrit af,,.the Lessee, either this lease or any extension .. _ thereof shall be terminated at the eleon o~ Che City prior to the stated expiration therefore, the City will enter rnto a nett L.easewith the leasehold mortgagee for the remainder p~,C~tg erm, effective, as of the date of such termination, at the rent and additrona~~'ent rags, and on t~Ie teams herein contained, subject to the fallowing ednditions. g'^* (1) Sueh,rnortgagesr, 6eriefieiary or security assignee shall make written ,~,~equest to Che City for such new Lease within twenty (~) days after the ,, - ;_ dat~of such ie„r~atation and suoh written request shall be accompanied by ,.. a papnt to~he City of all sums then. due to the City under this Lease. (2} Such mortgagee, beneficiary, or security assignee, shall. pay to the City, at the time of the execution and delivery of such new lease any and all`surns due thereunder in addition to those which would at the time 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 security assignee shall, on or before the execution and delivery of such new Lease, perform all the other LEASE OF KENAI AIRPORT LANDS Lessor: _ 6UTSIDE THE AIRPORT RESERVB -Page 10 of 18 (attach A) Lessee: _ 36 conditions required to be performed by file Lessee to the extant that the Lessee shall have failed to perform such conditions. (e) If a lending institution or its nominee or wholly awned subsidiaty corporation shall hold a mortgage, deed of trust, or similar security interest in and to this Lease and shall thereafter acquire a leasehold estate, derived either from such instruments or from the City, and if such institution, nomtlee, or corporation shall desire to assign this Lease or any new Lease obtained from the City (other than to a nominee ar to a wholly owned subsidiary corporation as permitted by Che above provisions) to an assignee who will undertake to perf~n and observe the conditions in such Lease required to be performed by'the Less~~, the City shall not unreasonably withhold its consent to such assigninen#-and assumption, and any such lending institution, nominee, or subsidia~y'sh~ll be relieved of~fity ~ilrther Iiability under such Lease from and after seFdfi assignment. If the proposed _: assignor sha16 assert thatthe City is unreasonably waChholding rts consent to any such proposed assignment, such dtspute shall be-:resolved by arbitration. 3?. HAZARDOUS MATERIALS AND HAZARDOUS WASTE: City and __ Lessee agree that each shall comply with ~tl, applicable laws and reguh~tions concerning hazardous chemicals and other hazardou~matert~ls;,and shall property store, transfer and use ali hazardous chemicals and other hazazdous matenals~nd not create any environmental. hazards on the lands leased herein, a µ Should any hazarc~ousizrhemieals or hazardous materials of any kind or nature whatsoever, or hazardous i~~astes to be released 6y Lessee upon the subject lands during the term of this lease, Lessee sli~IT ttnmediateiy r~pprt such `release to the City Manager or other appropriate City official and'6a_any other agency as may be required by iaw, and Lessee shall, at its own cost, asses_~~_ o2_atam and clean. up such spilled materials in the most expedient manner allowable bvsihw. City and Lessee, a~ee to hold harmless and indemnify the other. from, and to assume all dttt~s, responsibr`iities and IiabitiCies at [he indemnifying party's sole cost and expense (for payment of patties, sanctions, forfeitures, losses, costs or damages), for responding to any action, notice claim, order; summons, citation, directive, litigation., investigation or proceeding which is related to (i) failure to comply with any 1ocaI, state or federal statutes, regulations or ordinances pertaining to hazardous chemicals, hazardous materials, hazazdous wastes, or any environmental conditions or matters as may now or hereafter be in effect, and (ii) any environmental conditions that arise out of or are in any way related to the condition. of the property or activities conducted by the party thereon, unless the environmental conditions are caused by the other party. The indemnifications of this paragraph specifically include reasonable costs, expenses and fees incurred in connection with any investigation of property conditions or any clean up, remediation, removal or restoration work required by any governmental authority. LEASE OE IiENAT AIRPORT LANDS Lessor: OtJTSDE THE AIl2PORT RESERVE, -Page 1 i of 18 (aetach A) Lessee: _ 37 As used herein, "hazardous chemical" means a chemical that is a physical hazed or a health hazard. As used herein, "hazardous material" means a material or substance, as defined in 49 C.F.R. 171..8, and any other substance determined by the federal govemment, the State of Alaska or City of Kenai, to pose a significant health and safety hazard. As used herein, "hazardous waste" means a hazardous waste as identified by the Environmental Protection Agency under 40 C.F.R. 261, and any other hazardous waste as defined by the federal government, the State of Alaska or City of I~eiai. _ The covenants and obligations described in Ckf; art~~le shall survi termination of this lease. 33. COMPLIANCE WITH LAWS: lessee sl~~ll comply with all applicable laws, ordinances, and regulations of public authorities now ofliereafter in any manner affecting the leased premises or the sidewalks, alleys, streets, and ways atljacent.ereto or any buildings, structures, fixtures and improvements oI G~~. ase thereof, whether ar ncsi~any such taws, ordinances, and regulations which may b~'lereafier~nacted involtie a change of policy on the part of the governmental body enacting the same )vzssee agrees to hold City financially harmless: - {a) Fromihe consfrsluences of any violation of such laws, ordinances, and/or re4nlatinnx~ and (b) From dIl clarets for ~ameges on account of injuries, death, or property damage-resulun~ from such. vio}ation. (c) Lessee;furthar agrees it will not permit any unlawful occupation, business, or trade to be=oondiscted on said premises or any use to be made thereof contrary m any law, ordinance, or regulation as aforesaid with. respect thereto, inoluding zoFC;pg ordinafibes, rules and regulations, 34. .:-:;:CARE OF PREMISES: Lessee, at its own cost and expense shall. keep the leased premises, all improvements which at anytime during the terrn 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. 35. SANI"T"ATION: The Lessee shall comply with all regulations or ordinances of the City that are promulgated for the promotion of sanitation. The premises of the LEASE OE KENAI AIRPORT LANDS Lessor: _ OUTSIDE THE AIRPORT RESSERVE-Page 12 of 18 (attach A) Lessee: __ 38 lease shall. be kept in neat, clean, and sanitary condition, and every effort shall be made to prevent the pollution of water. 36. LESSEE'S OBLIGATION TO REMOVE LIENS: Lessee will not permit any liens including, but not limited to, mechanics', laborers', or materialmen's Iiens obtainable or available under the then existing laws, to stand against the leased premises or improvements for any Iabor 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 b~ or at the direction or sufferance of Lessee, provided, however, Lessee shall have the nght tic's provide a bond as contemplated by Alaska law and contest the validity or amount of~ny such lien ar claimed Iien. On final determination of such lien or such claim for hen, Lessee wi3 immediately, pay any judgment rendered with all proper costs and. charges and shall haves such lien released o". judgment satisfied at Lessee's own expense. -.: 37. CONDEMNATION: In the event the leaded premises or any part thereof shaIl 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 dunng the;term or any extension of the term hereof, and such other adjustments as the parties may ague npon~s 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 Coutt, upon what dL~tston~~nnual-abatement in rent, and other adjustments are just and equita„.rthe disputesha~~e deternuned by arbitration. 38. PR(3TECTIOIv"OP SLIBTEI'~~TTS: To protect the position of any __._ subtenant(s) hereafter~rop~rly obtatnm~, apy stlterests in the Leasehold estate granted Lessee hereunder, Crty agrees thaC in the event t~f~'he cancellation, termination, expiration, ox surrender of this Lease (the~rtiu~t lease}, Else City will accept the Subtenant, its successors and assigns, as its Lessee for a period ecal to the fall relapsed portion of the term of the sublease, including any extensians or renewals hereof tlot exceeding the term of this Lease, upon the same ~,,: covenants aid conditions therein ct5ntained, to the extent that said covenants and conditions are not meonsist~iT~ with any of-tlie terms and conditions of this Lease, provided such subtenant shall make full and cots~plete atorienent to the City for the balance of the term of such sublease so as to establish direct p~ria!i,ty df estate and contract between the City and tfie subtenant with the same force and effect as though such sublease was originally made directly between the City and such subtenant; and furthe 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. LEASE OP KENAI AIRPORT LANDS Lessor: OUTSIDE THE AIl2PORT RESERVE - Pale 1.3 of 18 (attach A) Lessee: _ 39 39. 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 assignmem as are provided for herein. 40. GOVERNING LAW: This indenture of Lease shall be governed in all respects by the laws of the State of Alaska. 4I. NOTICES: (a) Any notices required by this Lease shall be in wntrtag aiulshall be deemed to be duly given only if delivered personally or mailed by certtfr~tl=or registered mail in a prepaid envelape addressed to the parties atthe a~9dress set ftii~th in the opening paragraph of this lease unless such address fias been changed. ptu"suant to sub-paragraph {b} hereafter, and in that case shall to the most re ent~ddress so ,. changed. ; - Any notice so mailed shall be deemed delivei~d on the date it is deposited in a U.S. general or branch post office. i , The City shall also may 1 d-cd~y ~.~~ notice given tti the Lessee, by registered or certified mail, to any leasehold lender'(7ii'~cCgagee, beneficiary of a deed of trust, security assignee) who shall have gwen the Cit"y notice of such mortgage, deed of trust, or securit~a~si~nment. {b} Any~suoh addresses' may be charred by an appropriate notice in writing eo all other pt3es.affected~+rvyided sucli`change of address is given to the other parties by the meaf~s outlme'd in ~atagraph (a) above at least fifteen {IS) days prior to tltd=sizins of the narticular notice in issue. 42. RIGH=3'S OF NrORTGAGEE OR LIEN HOLDER: In the event of cancell~tioii-or forfeiture of a Iease~or cause, the holder of a property recorded mortgage, deed of trust conditotral assignment' iir collateral assignment will have the option to acquire the Lease for the unexpired-term thereof, subject to the terms and conditions as in the original lease. 43. :ENTRY AND RE-ENTRY: In the event that the Lease should be terminated as hereiri~iefore provided, ar by summary proceedings or otherwise, or in the evenC 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, reenter, and resume possession of said lands or such part thereof, and remove all persons and property therefrom, either by summary proceedings ar by a suitable action or proceeding at law without being liable for any damages therefore. No re-entry by the Lessor shall be deemed an acceptance of a surrender of the Lease. LEASE OF KENAI AfRPORT LANDS Lessor: _ OUTSIDE THE A tI2PORT RESERVE -Page 14 of 18 {attach A) Lessee: _ 40 44. RETENTION OF RENTAL: In the event that the Lease should be terminated because of any breach by the Lessee as herein provided, the rental payment last made by the Lessee shall be retained by the Lessor as partial or total liquidated damages for said breach. 45. WRITTEN WAVER: The receipt of rent b}y the of any breach of the Lease by the Lessee, or any default an the part. of t or performance of any of the conditions or covenants of the Lease shall waiver of any provisions of the Lease. IvTo failure on the part of the Le', covenant or provision therein contained, nor any waiver of any right th unless in writing, shall discharge or invalidate such. covenants or p~v; of the Lessor to enforce the same in the event of any subset~i by the Lessor, of any rent or any other sum. of money aft;+t`tt the term therein demised, or after the giving of the L.essnr of termination, shall. not reinstate, continue, or extend die result destroy, or in an}~ manner impair. the efficacy of any such nb been given thereunder by the Lessor to the Lessee prior to tl money or other consideration, unless so 46. BIJILUINO AND accordance with the building and zoning Failure to do so shall constitut.e~def~ult. 47. FTId prevent, and take all necef with all laws, regulations, within the area whixx th '' 48. PER and a11=~oposits of stone or operation of a surfa remove for use else valuable for buildi development of the A11 coal, oil, gas and other minerals ~vel y~5luable fax extraction or utilization are excepted from the Specifically, the Lessee of the outface rights shall not sell or "timber, stone, gravel, peat moss, topsoil or any other material nercial purposes; provided, however, that material required for the may be used if its use is first approved by the City Manager. 49. MUTUAL CANCELLATION: Leases in good standing may be cancelled in whole or in part at anytime upon mutual written agreement by Lessee and the City Council. S0. UNLAWFUL USE PROHIBITED: Lessee shall not allow the leasehold premises to be used for an unlawful. purpose. LEASE OF KENAI AIRPORT LANDS Lessor: OUTSIDE THE AIRPORT RESERVE -Page 15 of 18 (attach A) Lessee: to in writing or ~orwith knowledge sae~in observance be deemed to be a to enforce any Eder by the Lessor, s o><aFfect the right m any~nanner, of eunder to effect such. 'term therein demised, or of termination as may have ;ceip.L--of any such. sum of sgt€d by the Lessor. ~d lands shall be utilized in regulations of said authority. will take all reasonable precautions to ive or uncontrolled fires and comply dted and enforced by the City for fire protection are located. 41 51. 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. 52. REOLTE5T TO PURCHASE: If the tract of land proposed to be sold is leased land where the lease sets forth a development schedule, the Lessee may request Che sale of said land at not less than fair market value. The current Lessee obtains the right., to request a sale only after, to the satisfaction of the City Manager, completed development as detailed in the development schedule that has heen incorporated into the lease agreement'. The decision whether ox not to sell the property rests within the sole discretion of the City. 53. NOTICE OF CONSTRUCTION: Lessee writing three days prior to commencing any construction prQ~~c upon the property. Lessee agrees to assist in the posting aka no maintenance of the notice upon the propertyduring co~lsti•uctior of the Lessee's failure to notify the City as provtded'ove, Less against any materialmen's liens as defined in AS 34.35 050 vt+hii upon the premises. IN WITNESS WHEREOF the gat'te~ heseYq have herei year stated in the individual acknowladgmentsbelow` ~_., LES~*~R: - CTl'~ [5F KENAI -. By: (If Lessee is a Corporation) ATTEST: LEASE OF I~NAI AIRPORT LANDS Lassor: OVCSIDE THE A[RPORT RESERVE -Page 16 of 18 (attach A) Lessee: , to notify=he City in in excess of $l;t)OC of non-responsibility and ..tSsee agrees that in the event shall indemnify the City arise as a result of construction their hands, the day and Rick R. Koch City Manager LESSEE: By: 42 Name Title STATE OF ALASKA } } ss. TIIIRD JIJDICFAL DISTRICT } THIS IS TO CERTIFY that on this ~ day of _ Title: , of being personally known to me or having produced sadsfac~. appeared before me and acknowledged the voluntary anti a instrument on behalf of said corporation. ~- STATE OF ALASKA THIRD 7CTDICIAL of of the foregoing THIS IS TO CERTIFY that ortthrs_ dad of , 200_, RICK R. KOCH, City Manager of the ~i~Kenar ~~~ska, being personally Irnown to me or having produced satisfactory eurdence of tdentificatton, a~rpeared before me and acknowledged the voluntary and authorized execution of the faregoia~g instrument on behalf of said City. Notary Public for AIaska - My Commission Expires: LEASE OF KENAI AIRPORT LANDS Lessor: _ OLTI'SIDE THE AII2PORT RESERVE -Page 17 of 18 (attach A) Lessee: _ 43 Approved as to lease form by City Attorney: Approved by Finance Director: Lease Carol U:AMy D~ LEASE OF KENAI AIRPORT LANDS Lessor: , OLPI'SIDE THE AIRPORT RESERVE -Page 18 of 18 (attach A) Lessee: _ 44 Suggested by: Administration City of Kenai 5US5TITUTE RE$pLU7CION N®. 2007-05 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA APPROVING THE LEASE FORM FOR LEASES OF AIRPORT LAND OUTSIDE OF THE AIRPORT RESERVE 4trI-IEREAS, the Kenai. Municipal Airport is the owner and lessor of a significant amount of property within the City of Kenaf; and WHEREAS, the City of Kenai has undergone as supplemental planning assessment in order to update airport operations including: planning, finances, accounting, management, and ieasu~g; and WHEREAS, as part of the supplement planning process airport land was di~dded into the Airport Reserve and land outside of the Airport Reserve; and WHEREAS, those two areas have different rules governing leasing; and WHEREAS, the procedures for the leasing of airport land outside of the Airport Reserve lands is contained in KMC 21.15; and WHEREAS, KMC 21.15.160(aj(3) states the lease form for land outside of the airport reserve should be approved by the city council by resolution. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the lease form for land outside of the Airport Reserve as shown on Attachment A is hereby approved by= the City Council. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 4th day of April, 2007. Pat Porter, Mayor ATTEST: Cazol L. Freas, City Clerk 45 "I~'lla9e wit~t a past, Gi~ c~itl~ a ~r~~r~~'e" %-~~"" ~, 210 Fidaigo Avenue, Kenai, Alaska 99611-7794 y_;-~-~ Telephone: (907) 283-7535 !Fax: (907} 283-3014 "`'~` ~ www.ci.kenai.ak.us the cit~Y of v iV1EML..J1'\ 1J tYl TO: Mayor Porter and the Kenai City Council FROM:(;i~ Cary R. Graves, City Attorney DATE: March 15, 2007 RE: KEDS Airport Lease Comments On March 5, 2007, Rick Koch, Larry Sernmens, Rebecca. Chronkite and I met with Rick Baldwin and Jason Canoll regarding comments the KEDS group had on the proposed airport teases (both in the reserve and outside of it). Their continents were very helpful and we appreciate the time they took to review and comment on the lease forms. Some of the suggestions have been adopted and are contained hz the substitution resolutions. The changes are indicated by the legislative format. Some of the comments did not result in changes. We wanted to provide fhe Council with a summary of the KEDS comments so you could be familiar with them. 1. Comments and Changes to the Non-Airport Reserve Land Lease Form (Resolution No. 2007-OS). A. The word "natural" was added before material in Paragraph D.5 in the third line to reflect the intent is to restrict removal of such things as sand and gravel, etc. B. The second paragraph in Paragraph D. 1$ was deleted. That paragraph required lessees to remove buildings on the property at the end of the lease period that the city did not want. The comment was that the clause created a "negative salvage value" in the buildings (i.e. an additional business cost in removing the buildings). They thought that additional. cost would be a disincentive for business owners to invest in leased property. C. Part of the first sentence of Paragraph'D. 31(a) was deleted. That sentence limited the Iessee from mortgaging the leased premises to situations where the financing money would be used on the property itself The KEDS representative thought that unfairly limited a business owner from using the capital from his investment and discouraged investment in city property. Under the old language an owner of a building on city teased land could not mortgage the premises to use the capital 46 for a different use. Under that provision a lessee couldn't mortgage the building and Leasehold interest to acquire capital to start a different business or to pay for catastrophic medical expenses. 2. Comments and Changes to the Airport Reserve Land Lease Form (Resolution No. ?007- 06). A. The KEDS representatives had a concern that Article II (a){2) would limit seasonal businesses at the airport because it required businesses to operate "uninterrupted by any period of closure over 15 consecutive days ox 30 aggregate days within any 12-month period." The administration thought the phrase in the first sentence qualifying that requirement by stating, "U'nless the City approves otherwise in writing" adequately ptnvided for situations where the city could consent in writing for seasonal operation of a business. $. The phrase "or order of public author7ty" was added to the last sentence of Article II (a)(2) at the request of the KEDS representatives. That part of the paragraph deals with excused periods from the continuous operation requirement. C. Article II(c)(3) prohibits "outside storage an the Premises of jank, salvage aircraft or vehrcle parts..." The KEDS representatives thought the limitation of storage of "salvage aircraft" within the airport reserve might limit business opportunities at the airport. That phrase was not removed because of the administration's concern over the storage of savage parts at the airport. It was felt an aircraft salvage operation might be a better fit outside of the airport reserve. D. In. Article II (e)(5) the word "natural" was added before material as a Limitation on what could beremoved from the leased premises. The change was recommended by the KEDs representatives. E. A concern was expressed about the penalty provision in Article N (f). That section imposes a late payment penalty of 10°70. The penalty provision was left in because it is required in the City Code. F. The phrase "or in the case of a lease renewal or extension the beginning date of the original lease" was added to Article V(a)(1) to maize it clear that a lessee who renews or extends a lease does not have to pay the city for the improvement he{she has made on the property. The change was requested by the KEDS representatives: G. The phrase "for the purpose of interim or permanent financing or refinancing of the Lessee's improvements on the Premises and for no other purpose" was removed per the request of the KEDS representatives, That phrase would Limit mortgaging of the leased premises to situations where the money would. be used on the premises. A similar requirement was removed from the non-airpotK reserve lease form also. The requirement was thought to impose a limitation. on use of capital that could discourage business development at the airport. H. Language was added to clarify the indemnification language of Article K{a) (I). The added language provides that the indemnir"ication requirement must be "resulting from or arising out of any acts of commission or omission by the Lessee, his/her agents, employees, customers, invitees arising out of ti:e Lessee's 47 occupation or use of the premises demised or privileges granted, and to pay all costs connected therewith. I. The KEDS representatives had some concerns over the $1,000,000.00 commercial automobile coverage requirement in Article X(b)(2). The administration felt that requirement was reasonable and did not change it. J. The KEDS representatives had concerns over the ability of the city to increase the insurance requirements of lessees at intervals of five yeatis in Article X(b)(6). They felt it might discourage investment because is might be used unreasonably. The administration felt the Limiting language in the section that pegged any increase to "the risks relative to the Lessee's operations, any insurance guidelines adopted by the City and any change in applicable law" adequately protected lessee from arbitrary increases in the insurance requirements. K. Paragraph XII(c}{2) was removed. It is the same "negative salvage issue" that occurred in the non-airport reserve leases regarduig the requirement of lessees to remove any buildings not wanted by the city at the end of the lease team. L. In Article XIV(b)(1) the term "appraised value" was substituted for "aggregate cost" in determining the value of improvements on the property. The KEDS representatives thought allowances should be made for a lessee making his awn improvements rather than contracting it out. Tn that situation the "appraised value" of the improvement would be higher that the "aggregate cost " The administration agreed that the better measurement was "appraised value." M. In Article XIV (b) the exclusion of financing costs was removed at the request of the KEDS representatives because that is a real cast of construction. It also was not needed. once the teen "aggregate cost" was changed to "appraised value." N. Article XIV (e)-was deleted and replaced with amended language taken from Paragraph D. 1 & of the. non-airport reserve ]ease form. The change was made because of the KEDS representatives concern that the "negative salvage value" of requiring lessees to remove building from the property at the end of the lease term would deter investment on airport property. O, There was also concern regarding the lease extension provision in KMC 2L 10.090(d}(2). That section allows a lessee to apply for a lease extension of one year per $25,000 of additional investment. There was a concern that, for example, a $100,000 investment could not be amortized over the allowed four- year extension. However, the investment could also be amortized over the remaining lease term in addition to the four year investment so that concern may be somewhat mitigated. P. The KEDS representatives also wondered if it would be possihle to allow a lessee to negotiate the right of renewal at the expiration of the lease. The current aimort land rules do not grant lessees a right of renewal. Instead they may apply for a lease renewal, but there is no guarantee it will be granted. The suggested change could be done with a code change similar to Ordinance 2219-2007. That ordinance was proposed by Councilor Ross and is up for a public hearing on April 4, 200'1. Et would allow a lessee to negotiate the right to purchase non-airport reserve property at fair market value after completion of the required development.. 48 These comments are taken from my notes of the March 5th meeting. It is certainly possible that some comments or concerns did not get recorded in my notes. We encouraged Rick Baldwin and Jason Carroll to attend the April 4th meeting to speak to the council about their concerns. Please let me Imow if you have any comments, suggestions or questions. 49 ATTACI3MENT A LEASE OF' AIRPORT LANDS (Outside the Kenai Municipal Airport THIS AGREEMENT, entered into this day of between the CITY dF hENAT, 210 Fidalgo Avenue, Kenai, A3laska ~8611- municipal corporatiori of Alaska, hereinafter called "City aril whose address is ThaC the City, in consideration of the payments of tlreni herein contained by the Lessee, does hereby demise and le described property in the Kenai I2ecarding District, Third wit C. R Lease, rental;fo~ 1. defined in Geiser 200_, shall be subjecttoredetet _; 200_, by and 7794;::u home-rule called of all the covenants the Lessee the following ~d_Dist~pt, State of Alaska; to Subject to the terms of General Covenant No. 9 of this ~d shall be payable as follows: The annual rental rate shall be 8% of the fair market value (as set forth and venarrt No. 4) of the demised premises. The rental effective , _ pdr"year, plus applicable safes tax, based on a value of $ , tiori`iiw•suant to General Covenant No. 9. Annual rent for the fiscal year beginning 7uly I and ending June 30 shall be payable in advance on or before the first day of 3u1y of each year. If the annual rent exceeds X2,400, 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, payablesn advance nn oz before the first day of Jnly and on or before the first of each month thereafter. LEASE OF KENAI AIRPORT LAI~IDS Lessor: _ OUTSIDE THE A[RPORT RESERVE - Pale 1 of 18 Lessee; _ 50 Rental for any period that is lass than. one (1}year shall be prorated based on the rate of the last full year. 4. In addition to the rents specified above, subject to General Covenant 1lro. ~, Lessee agrees to pay to the appropriate parties al] levies, assessments, and charges as hereinafter provided: (a) Taxes pertaining to the leasehold interest of the Lessees. (b) Sales tax now enforced or levied in the future campsiled upon rent payable in monthly installments whether rent is paid on a nztinthly or g~-ly basis. (c) Lessee agrees to pay all taxes and assassmerits levied m the f%<tur~"'by the City of Kenai, as if Lessee was considered ~f'e legal owner of ieeord afi the leased property. _ (d) Interest at the rate of eight percent (8a%) der annum and ten percent (10a1o) penalties of any amount of money owed under Elii~::Lease.which is not paid on or before the date it becomes:due. (e) Repayment of ~"ar erty constructed improvements pursuant to KMC Z'1.15.13~. Repayment shali'I~e made 'in yearly payments of plus $`7a_-interest owing ontl?e unpaid balance. The Lessee may pay the entire remamriig tialarce earlier Chan due, D. GENERAL' COVEN,4tv~T`S; z- ~ G~JSES: E>;cept as provided herein, any regular use of lands or facilities without the wnften consenT of the Criy i~~prohibited. This prohibition shall not apply to use of areas dastgnated by the City fs~r specified public uses, such as passenger taruunals, automobile parktng=areas, and streets. n USES 1VOT CONTEMPLATED PROHIBITED: The promotion or operation of anv parCsor kind of business or commercial enterprise, other Phan as specifically set forth herein., upon, ir~;or above airport lands, without the written consent of the City is prohibited. 3. ASSIGNMENT OR SUBLETTIiVG: Lessee with City's prior written consent, which will not be unreasonably denied, may assign, in whole or in part, its rights as Lessee hereunder. LEASE OP KENAI AIRPORT LANDS OUPSIDE THE AIRPORT RESERVE -Page 2 of 18 Lessor: Lessee: 5T 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 obligations hereunder. 4. COSTS AND EXPENSES: Costs and expenses incident to this lease, inc]uding but not limited to recording costs, shall be paid by Lessee. S. TREATMENT OF DEMISE: The Lessee agrees to lceag tFrepremtses clean and in good order at its own expense, allowing no damage, waste, nor destruction thereof, nor removing any nature( 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 girders sha1I be made payable to the Ciry of Kenai and delivered to fhe City Adr~tnistration Building, 210 Fidalgo Avenue, Kenai, Alaska 99611. - 7. CONSTRUCTION APPROVAL AND STANDARDS: Building construction shall be neaC and presentable end compatible with its uses'and surroundings. Prior to placing of fill material andlor construction ofbuldings on a leased area, the Lessee shall. submit a plan of proposed development of property to thcGity, which shall be approved in writing for all permanent improvements. 8. DEFAI;''ZT RTf'rI3T OF ENTTRY: Should default be made in the payment of any portion of the retht or fees when due; or m any "of the covenants or conditions contained in the Lease or in any Ialatrpns now ar her_einaftei'`in force, then in such event the City shall by written nafice give Lessee tha~ty (30) days'to care such default or defaults, after which if the default is not cuted, the City may terminate the Lease, reenter and take possession of the premises; and remove alt persons therefrom. 9. RENT ESCALATION: In the event this Lease is for a term in excess of five (5) years, l-he amount of rents or fees specified herein shall be subject to redetermination for increase or deere~e based cara'`the percentage rate (set in C.I above) of fair market value. At each five (5) year i,ntervaY.vtlle City will have the fair market valuedeterminad by aqualified independent apprais~r;S'No increase ar decrease in the amount of rents or fees shall be effective, until .after thirty (30ydays written notice. Fair Market Value is defined as "the highest price estimated in terms of money which a property will bring if exposed for sale on the open market allowing a reasonable period of time to find a purchaser who buys with knowledge of all the uses to which it is adapted and for which. it is capable of beingused." This Fair Market Value will be based on the condition of the land on the date of this Lease plus the value of improvements, if any, made by the City subsequent to the date of this Lease which would. affect the value of the property. LEASE OF KENAI AIRPORT LANDS Lessor: _ OUTSIDE THE AIRPORT RESERVE -Page 3 of 18 Lessee: _ JZ L0. LEASE UTLESZATION: Leased Lands shall be utilized for purposes within the scope of the application as approved (made a part of this Lease and attached hereto), the terms of the Lease, the terms of the deed under which the land was granted to the City (and any releases pertinent thereto), in conformity with the ordinances of the City and Borough, with Itenei Airport Regulations, and in substantial conformity with the comprehensive plan. Utilization or development for other than the allowed uses shall constitute a y,Ftalation of the Lease and subject the Lease to cancellation at any time. Failure to sribstantially complete the development plan of the land, consistent with the proposed use and teems of. the Lease, shall constitute grounds for cancellation. 11. CONDITION OF PREMISES: The premises itemised herein are unimproved and are leased on an "as is, where is" basis. - l2. UNDHRLYING TITLE: The interests transf~ra•ed, or conveyed by this Lease are subject to any and all of the covenants tet~iis, or condtiions contained in the instruments conveying title or other interests to the City. 13. Ci.tyshalI have'e`tight at all reasonable times to enter the premises, or any part thereof tot .the purposes o~inspection 14. Itv'DEMNIFICATTON ANI7 INNSURAIF]CE: Lessee covenants to indemnify, defend, save and haj~;Lk1e City, its elect~'Fi and appointed officials, agents and employees harmless from ail~actions; suits, habtli'ties, or damage, or ]lability of any nature, kind or character, inoluding costs, expenses'and attorney's fees resulting from or arising out of any acts of commtsston or=omission by the LcsseE his`agents, employees, customers, invitees, or arising from or out of the Lessees occupation or use of the premises demised, or privileges granted, and to 1a11:;eosts connected therewith. Lessee, at the<expense of Lessee, shall keep in force, during the term of this agreement,<~surance issued:bv responsible insurance companies.authorized to do business in Alaska, in forri5s, kinds and amounts as determined and directed by the City far the protection of City and/or Lessee,.. Insurance requirement hereunder shall be subject to the sole determination of the City. All policies.or endorsements thereto shall in all cases where possible name City as Additiana( Named Tnsii'red thereunder and shall contain a waiver of subrogation against the City. All insurance shall b'e by a company/corporation current]y rated "A-" or better by A.M. Best. Upon approval by City of all insurance required, in the forms, kinds and amounts directed to be procured, Lessee shall deliver all policy originals or duplicate originals and endorsements thereto to the City for incorporation within this agreement as attachment thereto. Tn any event, Lessee is not to commence to exercise any of the rights and privileges granted LEAST OF KENAI AIRPORT LA2v'DS Lessor. OUTSIDE TI-TE AIRPORT RESERVE -Page 4 of 1R Lessee: _ 53 under this agreement until. such time as all insurance directed and required to be furnished by Lessee is in full force and effect. Lessee expressly understands and agrees that any insurance protection furnished by Lessee hereunder shall in no way 'limit its responsibility to indemnify and save harmless Lassos under the provisions of this agreement. No policy of insurance shall be cancelled or amended with zespae~to the City without thirty (30) days written notice by registered or certified mail to Gi'ty by Che insurance company. Until otherwise directed in writing by the City_~~anag~r, Lessee sill provide certificates of insurance within Chirty (30} days of the date hei~of'as follows: a Commerctal General Ltabilrtv,al~icl (~) _ uding all %?~arations, property damage, products and completed operations, and;peisonal injury and death, broad- form contractual, with apes-occurrence limit of not less than $1,000,000 combined single limit. If this lease authorizes Che~Lessee to engage in the sale or the commercial dispensing or storage of aviation fuel, the policy must not exclude coverage,of,::the Lessee's..„fuel handling activities. This policy must name the Ctty as an additional insured. (b) Commaroal~utomobile Ctsuexaee with not Less than x'1,000,000 combined~'single limit per.occuaence. This insurance must cover all oxvried, hired, a~hd non ownaci"motor vehicles used by Lessee. (c) Workers Comnensa~ion Fhsurance. The Lessee wild provide and maintain, _for all employees, coverage as required under AS 23.30.045, and, where applicable, arzy of~iaer statutory obligations. The policy must waive subrogation against the City. ''IUotwithstandi~flg anything to the contrary, if Lessee fails or neglects to secure required insuranee,or if said policy or policies are terminated, altered, or changed in any manner not acceptable to the Cit}?:'then and in that event this lease may be cancelled and terminated, without penalty, on five (5) days written prior notice to Lessee. The City may approve aself-insurance program. in. lieu of the insurance requirements in this section, if the City finds in its sole discretion that such self-insurance program adequately protects the City. The Cypical amount of insurance coverage required is subject to review ttnd adjustment at the discretion of fne City at each five (5) yeaz renegotiation of the lease, LEASE OF KENAI AIl2PORT LANDS OUTSIDE THE AIRPORT RESERVE - Pale 5 of 18 Lessor: _ Lessee: __ 54 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 propert}+, real ar personal, and the Ciey shall. have such lien rights as are aIiowed b}+ law. 16. EASEMENT GRANTS RESERVED; City reserves the right to grant and control easements in or above the land leased. No such grantor easement wiJ).e made that will unreasonably interfere with the Lessee's use of the Iand, and Lessee shall ht~3e~frir+r access and use of any anal nll parking and loading rights, rights of ingress and egressn'aw or hereafter appertaining to the leased premises. I7. LEASE SUBORDINATE TO FIIQANCId?G REOUIRENIENTS: Lessee agrees that City may modify this Lease to meet revised regi2iremenes for Federd3or State grants, or to conform to the requirements of any revenue bond covenant. Howeverthe modification shall neither act to reduce the rights or prlwileges granted the Lessee >iy this Lease, nor act to cause the Lessee financial loss. 18. SURRENDER ON TERMINATION: Le'saee shir,~i, on the last day of the term of this Lease or upon any earlier termination of this Lease, sunetider and deliver upon the premises into the possession and use of~~ity wr~4ut fraud or delay, Yn good order, condition, and repair, except for reasonable wear and tear since the-last necessary repair, replacement, restoration or renewal, free anal clear of all lettings ~n)1 occupahcies unless expressly permitted by the City in writing, and free atzd-plear of all hens and encumbrances other than those created by and for loans to City. Upon the end of the tet'm of this Lease, including any extension or renewal, or any earlier tezttiination thereof, true to tkr~ buildings, improvements and building equipment shall autor~'i~xtically vestm Crty_wtthout requirement of any deed, conveyance, or bill of sale thereon. However, if City should-requrzte any such document in confirmation hereof, Lessee shall e~.eeu#,e~,aplrnowled~r, and deliver the same and shall pay any charge, tax, and fee asserted or imnased by`ari~.and all ~ove~tmental units in connection herewith. __ [PROVIDED., 30~'EVER, THAT LESSEE SHALL RETAIN TITLE TO AND REMOVE PRAM THE PREIuTISES AT THE LESSEE'S SOLE EXPENSE, ANY BUILDING, OTHER IMPROC?EMEl\rI', OR BUILDING EQUIPMENT THAT THE CITY HAS DETERMINED IN WRITING TO THE LESSEE'S: I) HAS EXCEED ITS USEFUL LIFE; 2) IS DAMAGED BEYOND REASONABLE REPAIR; 3) IS A HINDRANCE TO THE FUTURE 'USE OF THE PKEIvIISES; AND 4) IS OP NEGLIGIBLE VALUE.] 19. AIRCRAFT OPERATIONS PROTECTED: (a) There i~s 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 Crty of the premises LfiASE Ofi KENAI AIRPORT LANDS Lessor. _ _ OUTSIDE TIIE AIRPORT RESERV"c -Page 6 of I & Lessee: _ 55 herein conveyed, together with the right to cause in said airspace such noise as maybe inherent in the operation of aircraft, now or hereafter used for navigatron of or flight in the air, using said airspace for landing at, taking off from, or operating on the Kenai Airport. (When the City approves plans far improvements pursuant to paragraph 7, the City to the extent of those improvements releases Che easement here expressed.) (b) The Lessee by accepting this conveyance expressly agrees for itself, its representatives, successors, and assigns, that it will. not efec't nor permit the erection of any structure or object, nor permit the growth of any trees on the (and conveyed hereunder, which would be an airport obstruction wiiltin the standards established under the Federal Aviation Administratiota~Regulatiotjs,,Part 77, as amended. In the event the aforesaid covenant is breached, the City reseeves the right to enter on the land conveyed hereunder and tP remove the ofEent3ing structure or abject, and W cut the offendigg tree, all of,which shall lie at the expense of the Lessee or its heirs, successors orassigns. 2U. city hereby agrees and covenants that the Lessee,. upon paying rent and performing other covenants, teens, and conditions of this Lease, shall have-tli@,~;ght to quietl}.arid 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 sh:r1_ I not be construed as a denial of the right of quiet or peaceable possesston - 2'1. LES=SEE TO PAY TAXES: Lressee shall pay all lawful taxes and assessments which, darting the tens heteof.may became a lien upon or which may he levied by the State, Borough, City, or any other tax levying body, upon any taxable possessory right which Lessee may have tn~r;£p the property by reason of its use or occupanc}+ or the terms of this lease, provided however, that nothing herein contained shall prevent Lessee from contesting any increase to such tax or asse5s~ient through procedures outlined in State statutes. '=~2. SPECIAL SERVICES: Lessee agrees to pay the City a reasonable charge for any special ser;~ices or foci ities not provided for hereui if requested by Lessee in writing, and if the City agrees to provide such services or facilities. 23. '~~" NO PARTNERSHIlx OR JOLRtT y/ENTURE CREATED: It is expressly understood that the City shall. not be construed or held to be a partner or joint venture oP Lessee in the conduct of business on the demised premises; and it is expressly understood and agreed that the relationship between the parties hereto is, and shall at all times remain landlord and tenant. LEASE OP KENAS AIRPORT" LANDS OUTSIDE THE AIRPORT RESERVE -Page 7 ot` 18 Lessee: 56 24. DEFAULT BANKRUPTCY ETC.: If the Lessee shall make any assignment for the benefit of creditors or shall be adjudged a bankrupt, oz 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 apart 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;,~t,national origin shall be excluded from participation in, denied the hentrftssmf, or be otherw§e s+~I% discrimination 'in the use of said facilities; '` to (b) In the construction of any tmprovements on, over or under such land and the furnishing of services thereon, no person''or;the grounds of race, color, or national origin shall be excluded from paiaicipathon, denied the benefits of, or otherwise be subjected to di~s~rimination; ,~,. a. (c) The Lessee shalt use dte prenirsas tI cottlpIiance with all other requirements imposed by or pursuant fq Title 49, Code of Federal Regulations, Department of Transportation, SubCitte A, Office of the Secretary, Part 21, Nondiscrimination m Federally-assisted Programs of the Department of Transportation-Effectuation of Tttle SCI of the Civil Rights Act of 1964, and as said Re>?ultitions may be amended'. (d~ _ ~~t the event facilities are constructed, maintained, or otherwise operated on the said,pzoperty desGiir bed in this Lease, for a purpose involving the provision of similar services or benefits, the Lessee shall maintain and operate such facilities _ and services in compliance with all other requirements imposed pursuant to Title ~9, Code of Pe'deral Regulations, Depazament of Transportation, Subtitle A, Office of-ilae Secretary, Pala 2I, Nondiscrimination in Federally-assisted Programs of the De~artm of Transportation -Effectuation of Title VI of the Civil Rights Act of 1964,~ahd as said Regulations may be amended. 26. PARTIAL INVALIDITY: If any term, provision, condition, or part of this Lease is declared by a court of competent jurisdiction to be invalid or unconstitutional, the remaining terms, provisions, conditions, orp~uas shall continue in full force and effect as though such declaration was not made. LEASE OF ICENAI AIRPORT LANDS Lessor _ OUTSIDE THE AIRPORT RESERVE -Page $ of 18 Lessee: 57 27. MODIFICATIONS: No lease may be rnadified orally or in any manner other Chan. 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 is the subject of this Lease is suited for the use authorized herein, and no guarantee is given ar implied that it shall be profitable or suitable to employ the property to such use. 29. RIGHT TO ADOPT RULES: City reserves Che right to adopt, amend, and enforce reasonable rules and regulations governing the demised premts~s aird the publicazeas and facilities used in connection therewith. 1Jxcept in cases of emergency, no rule or regulation hereafter adopted or amended by the City shall become applicable unless Lessee tilts bean given thirty (30) days notice of adoption or amendment thereof. - 30. NON-LIABILITY: City shall agtbe lial deprivation of possession, or of Lessee's right herettgr~er, on_ac right or authority as provided in this or the preceding section, r terminate the whole or any portion of the leasehold estate herei exercise of such rights or authority, unless;the exercise thereof see for or and occupancy of the leasehold estate a~''Io'co lease by operation of law in accordance with"ir)Ie __ 3I. FINA>*7CING>'. inf of the exercise of any such shall Lessee be entitled to reason of the `ere with Lessee's use rt°in whole or in part of this of Alaska and of Che CJnited (a) >(FOR THE PURPOSE OF°INTERIDR OR PERMANENT FINANCING OR REFINAI~,~CING FROIVI TIlV1E TO TIME OF THE IMPROVEMENTS TO BE_-PLACED UPON THE LEASED PREMISES, AND FOR NO OTHER - PLTRPOS1Y;j Lessee, afCe~'Ygiving written notice thereof to the City, may encumber by mortgage, deed of trust, assignment or other appropriate instrument; Lessee's interest in the eased premises and in and to this Lease, provided such encumbrance~ertains only to such leasehold interest and does not pertain to or create. any in{`~"rest in City's title to the leased premises. If such mortgage, deed of bust, or assignment shall. be held by a bank or other established lending or financial institution (which terms shall include an established insurance company and ~~alified 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 encumbrance pursuant to a foreclosure or other remedy of the secw~ed 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 transfemng its interest in such Lease to a nominee or a wholly owned subsidiary corporation with the prior consent of the City, provided, however, such LEASE OF KENAI AIRPORT LANDS Lessor: OUTSIDE THE AIRPORT RESERVE -Page 9 of 18 Lessee: 58 tratasferee shall assume all of Che covenants and conditions required to be performed by the Lessee (including payment of any monies awed by Lessee to the City under the Lease), whereupon such lending institution shall be relieved of any further liability under such Lessee from any default after such Cransfer. Such lending institution or the nominee or wholly owned subsidiary corporation to which it may have transferred such Lease, or any other lending institution which may at any time acquire such lease shall be relieved of any furt#~er liability under such lease from and after a transfer of such lease. (b} A leasehold mortgagee, beneficiary of a deed cr~2rust 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, of the beneficiary of any such deed. of trust, ar the security assignee shall give tli'e City befar~ any default shall have occurred in the Lease, a written notic~lcontaining the name and past affice address of such holder, the City shall thereafter give to such holder a copy of each notice of default by the Lessee at the same time as any nonce afslefau'tt shall be given by the Ciry to the Lessee, and,t}te City will not thereafteraccept any surrender or enter into any modificanrrxi of thss,T,ease without tkle prior written consent of the holder of any firsC mortgage, benefici`a1 ini®r~ t under a first deed of trust, or security assignee, in this Laase~ (d) If by reason of:any default of the Lessee, either this lease or any extension __ thereof shall be termih$ted at the el£ion of the City prior to the stated expiration therefotie, the City ~!tll enter znto a new Lease with the leasehold mortgagee for the remainder n~ the term, effec~ve as of the date of such Cerminatian, at the rent and ~dztional rent rates, and on the Terms herein contained, subject to the (1) Such mrn~tgagee, beneficiary or security assignee shall make written request'to the City for suah new Lease within twenty (20) days after the date d~''such termination and such written request shall be accompanied by a tyment to the City of all sums then due to the City unde-r this Lease. --`' (2) Such mortgagee, beneficiary, or security assignee, shall pay to the City, at the time of the execution and deli very of such new lease any and aIl sums due thereunder in addition to those which would at the time 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. LEASE OF I{ENAI AIRPORT LANDS Lessor: _ OL~SIDE THE AIRPORT RESERVE -Page 10 of 18 Lessee: 59 (3) Such mortgagee, beneficiary, or security assignee shall, 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 faiPed to perform such conditions. (e) If a lending institution or its nominee or wholly ownedsubsidiary corporation shall hold a mortgage, deed of Crust, or similar security interest in and to this Lease and shall thereafter acquire a leasehold estate; derived. either fram such irstrtimencs or from the City, anal if such institution, niarninee, or corporation shall desire to assign this Lease or any new Lease obtained froifa the City (other than to a nominee or to a wholly owned subsidikzy coi~toration as permitted by the above provisions) to an assignee who will undertake to perfoiTn ana obsewe the conditions in such Lease required to be per~tirmed by the Lessee, the (/ity shall not unreasonably withhold its consent to sucfi assignmen;,,and assumption, and any such lending institution, nominee, or siibsic~taryshall'be relieved of any Further Iiability under such Lease from and afier 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 reso}ved by arbiCraCion. 32. HAZARDOUS MATERIAL;'`ANI~HAZARDOUS WASTE: City and T.essee agree that each shall comply with all apphcal laws and regulations concerning ' ltazgiidous materials, and shall properly store, transfer and use all hazaraous chemicals and other.,. , , hazardous chemicals and other hazardous materials and not create any environmental hazards on the lands leased herein. Should any hazardi7us chzmical5'or hazardous materials of any kind or nature whatsoever, or hazardous wastes to be released by Lessee upon the subject lands during the term of this lease, -Lessee shall immadiately,rdport such release to the City Manager or other appmpnate'City official andao any ot~eragency as may be required bylaw, and Lessee shall, at its owncost~.assess, contain sand clean up such spilled materials in the most expedient manner allowable by`la~v. City and Lessee agree to hold harmless and indemnify the other from, and to assume all duties, respaiisibilities and liabilities at the indemnifying party's sole cost and expense (for payment of penalties, sanctions, forfeitures, losses, costs or damages}, for responding to any action, notice, claim, order, summons, citation, directive, litigation, investigation or proceeding which is related to (i} failure to comply wiCh any local, stale or federal statutes, regulations or ordinances pertaining to hazardous chemicals, hazardous materials, hazardous wastes, or any environmental conditions or matters as may now or hereafter be in effect, and (ii}any environmental conditions that arise out of or are in any way related to the condition of the property or activities conducted by the parCy thereon, unless the environmental conditions are LEASE DF KENAI AIRPORT Lr>_NDS OUTSIDE THE AIRPORT RESERVE -Page 11 of 18 Lessor: _ Lessee: _ 60 caused by the other party. The indemnifications of this paragraph specifically include reasonable costs, expenses and fees incurred in connection with any investigation of property conditions or any clean up, remediation, removal or restoration work required by any governmental authority. As used herein, "hazardous chemical" means a chemical that is a physical haza~•d or a health hazard. As used herein, "hazardous material" means a material or 44 C.F.R. 171.8, and any other substance determined by the federal Alaska or City of Kenai, to pose a significant health and safety hazt As used herein, "hazardous waste" means a hazazl Environmental Protection Agency under 40 C.F.R. 261, and,aiiy defined by the federal government, the State of Alaska or ~~ity of The covenants and obligations termination. of this lease. ;~, as defined in the State of waste as iintified by the hazardous waste'as u. shall survive the 33, COMPLIANCE WITH LAWS: Lessee shall.comply with all applicable laws, ordinances, and regulations of pu&lic author~fies now oz hereafter in any manner affecting the leased premises or the sidewalks, alleys, sheets end wszys adjacent thereto or any buildings, structures, fixtures and improvements or Che use thereof. whether ar not any such laws, ordinances, and regulations whzeeh 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 co'nsequedces of any violation of such laws, ordinances, and/or re~ulalaezns: and (b) Fzom all claitns'for damages on account of injuries, death, or property damage resulta,r}g fr`oin such violation. (c) l Lessee'Fut~ther agrees it will not permit any unlawful occupation, business, or trade, ta`tie conducted on said premises or any use to be made ehereof contrary to an~;aaw, ordinance, or regulation as aforesaid with respect thereto, including zoning ordinances, rules andregulafions. 34. 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. LEASB OP KENAI AIF2PORT LANDS OUTSIDE THE AIRPORT RESERVE -Page 12 of I8 Lessor: Lessee: 61 ' 35. SANITATION: The Lessee shall comply with all regulations or ordinances of the City thae are promulgated for the promotion of sanitation. The premises of the lease shall be kept in neat, clean, and sanitary condition, and every effort shall. he made to prevent the pollution of water, 36. LESSEE'S OBLIGATION TO REMOVE LIENS: Lessee will not permit any Iiens including, but not limited to, mechanics ,taborets', or materialmen's,-~zens obtainable or available under the then existing laws, to stand against the leased premises or improvements far anyy labor or material furnished to Lessee ar claimed to have been. furnish"ed 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 improvemen#s by or at the direction or sufferance of Lessee, provided, however, Lessee shall. have the ;right o provide a bond as contemplated by Alaska law and contest the validity or amotiilC of any such lien or elatna~d lien. On final determinarion of such lien or such claim for lien, Lessee will. immediately pay any iudgment rendered with all proper costs and chaxges and shall have such lien released ox judgment satisfied at Lessee's own expense. 37. CONDEMNATION: In the event the leased premises or any pan thereof shall. be condemned. and taken. for a public gr aquasi-public use, than upon. payment of any award or compensation arising from. such condemnatsiin, there shall be stieh 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 us being dust and equitable under all khe circumstances, If the City and I~ssee are unable io agree within thirty (30) days after such an award has been paid iota Court,~upon what division, annual abatement in rent, and other adjustments are just and equitable, Lhir' dispute shalh.'--be determined by arbitration. 38. PROTECTION OF-ST7l3TENANTS: To protect the position of any subtenant(s) hereaf"Cur,.~roperly obtaining any interests in the leasehold estate granted Lessee hereunder, C„i,ly agrees i"ha~ in the event ~f the cancellation, termination, expiration, or surrender of this Lease (Che ground [ease), the GCy will accept the Subtenant, Its successors and assigns, as its Les~s~e fot•_,a period equal to the=ful] 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 cotrtiitions tlae"rein contained, to the extenC that said covenants and conditions are not inconsistent with «rny o'f the terms and conditions of this Lease, provided such subtenant shall make full and complete atonement to the City for the balance of the term of such sublease so as to establish direct p"r'ivity of estate and contract between the City and the subtenant with the same force and effect as though such sublease was originally made direcCly between Che City and such subtenant; and further provided such subtenant agrees to comply with al] the provisions of the ground lease and al] 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. LEASE OF KENAI AIRPORT LANllS Lessor: OUTSIDE TIIE AIRPORT RESERVE -Page 13 of 18 Lessee: 62 39. SUCCESSORS IN INTEREST: This Lease shall be binding upon and shall inure Co the benefit of the respective successors and assigns of the parties hereto, subject to such. specific Iimitations on assignment as are pravidad for herein. 40. GOVERNING LAW: This indentm•e of Lease shall be governed in all respects by the Laws of the State of Alaska. 4].. NOTICES: {a) Any notices required by this Lease shall be in wntrrz`g anri shall be deemed to be duly given only if delivered personally or mailed 1i'y eertrf]ed.gr registered mail in a prepaid envelope addressed to the parties at;the address sat forth in the opening paragraph of this tease unless such address"has been changed pprsuantto sub-paragraph (b) hereafter, and in that case'shaTl to the most re,znt~~'dress 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 marl a copy o~ any notice given to the Lessee, by registered or certified mail, to any leasehold iender'(mari~aaee,fbeneficiary of a deed of trust, security assignee) who shall have giv{~n the City notice of such mortgage, dead of trust, or securrty,_anment. {b} Any. such addresses maybe changed by an appropriate notice in writing to all. other pie's;affectcd providded suc'li change of address is given to the other parties by the ieletuis outlined in'paragraph (a) above at least fifteen (IS) days prior to the~,~i^vins of`tfie narCicnlar notice in issue. ` 42. RIGI~TS OF.aNIORTGAGEE OR LIEN HOLDER.: In the event of canecllt3fron or forfeiture of a!lease=~or cause, the holder of a property recorded mortgage, deed of trust conditi?~al assignment or collateral assignment will have the option to acquire the Lease for the unexpired term thereof, subject to the terms and conditions as in the original lease. 43. .~ -ENTRY AND R1sENTRY: In the event that the Lease should be terminated as hereii~5efore provided, or by summary proceedings or otherwise, or in the event thaf 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, immediate]y or any time thereafter, re-enter, and resume possession of said lands or such part thereof, and remove a1] persons and property therefrom, either by summary proceedings or by a suitable action or proceeding at law without beins liable for any damages therefore, No re-entry by Cbe Lessor shaIl be deemed an acceptance of a surrender of the Lease. LEASE OF KENAI AIRPORT LANDS Lessor: _ OUTSIDE TI IE AIl2PORT RESERVE -Page 14 of 18 Lessee: _ 63 44. RETENTION OF RENTAL: In die event that the Lease should be terminated because of any breach by the Lessee as herein. provided, the rental. payment last made by the Lessee shall be retained by Che Lessor as partial or tatalligaidated damages for said breach. 45. WRITTEN Vv'AIVER: The receipt of rent by the Lessp~,with knowledge of any breach of the Lease by the Lessee, ar any defaulton the part of the.Lessee inobservance or performance of any of the conditions oz covenants of the Lease shalliSot be deemed to be a waiver of any provisions of the Lease. No failm-e on die part of the Lessi~. o enforce any covenant or provision therein contained, nor any waiver of any right thereunder by the Lessor, unless in writing, shall discharge or invalidate such covenants;:oz p>bviaians, or affect the right of the Lessor to enforce the same in the event of any subsegtaent breach or default. ;Tlte'teceipt, by the Lessor, of any rent or any other sum. of money after the termination, m any manner, of the term therein demised, or after the giving of the Lessor of any n~~ice thereunder to effect such terminatioh, shall not reinstate, continue, or extend ~~te resultank 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 saeh sum of money or ether consideration, unless so,agreed to in writing and signed by the Lessor. 46. BUILDING AND 70NING COTS~S: Leased lands shat.]. be utilized in accordance with the building and zoning ordrnanaes.and rules'and regulations of said authority. Failm•e to do so shall constituge..{le£ault. 47. FIRE PROTECTION. The Lessee will take all reasonable precautions to prevent, and take all necessary action to, s~ppre~s destructive or uncontrolled fires and comply with all laws, regulations, and rulers promilgate~ acrd enforced by the City for fhe protection within the area w~ereirtahe leaseLl.premises are located. 4S. PERSONAL i3SE OF MATERIALS: All coal, oil., gas and other minerals and all ~aposits of stone or grayei ialuable for extraction or utilization are excepted from the operation of a surface Lease. Specifically, the Lessee of the surface rights shall not sell ar remove for use elsewhere any timber, stone, gravel, peat moss, Copsoil or any 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 Manager. 49, ivNTUAL 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. 50. UNLAWFUL USE PROHIBITED: Lessee shall not allow the leasehold premises to be used for an unlawftd purpose. LEASE OF KENAI AIRPORT LANDS Lessor: _ OfJTSIDE TINE AII2PORT RESERVE -Page 15 of 18 Lessee: _ 64 51. APPROVAL OF OTHER AUTHORITIES: The issuance by the Gity 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. 52. REQUEST TO PURCHASE: If the tract of land proposed to be sold is leased land where the lease sets forth a development schedule, the Lessee,may request the sale of said land at not less than fair market value. The current Lessee obtains the right to request a sale only after, to the satisfaction of the City Manager, completed development a~ de[ailed in the development schedule that has been incorporated inCO the lease agreemett` The decision whether or not fo sell the groperty rests within the sole discretion of. the City. 53. NOTICE DF CONSTRUCTION: Lessee agrees to notify the City in writing three days prior to commencing any construction projECt valued in excess of$1;000.00 upon the propert}'. Lessee agrees Co assist in the posting qP a notice of non-responsibility and maintenance of the notice upon the property during consCrvction. ~ I~ssee agrees that in the event of the Lessee's failure to notify the City as provided~ihove„Lessee shale indemnify the City against any materialmen's Bens as defined in AS 34.35.050 which arise as a result of construction upon the premises. LEASE OF KENAI AIRPORT LANDS Lessor: OtTPSIDE THE AIRPORT RESERVE -Page 16 of 1.8 Lessee: 65 Name Title STATE OF ALASKA ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this _ day of `;•200_, Narne:~ Title: , of being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary acid authoi7ced,execution of foie foregoing instrument on behalf of said corporation. STATE OF ALASKA TFIIRD JUDICIAL THIS IS TO CERTIFY Manager of the Crtg~rfIKe satisfactory eutdetce of'idt "clay of , 200_, RICK R. KOCH, City being personally known to me or having produced d~peared before me and acknowledged the voluntary and hntrument on behalf of said City. Notary Public for Alaska My Commission Expires: LEASE OF ICENAI AIRPORT LANDS OUTSIDE THE AR2PORT RESERVE -Page 17 oP 18 Lessor: Lessee: 66 Approved as Co lease foam by City AYCOrney: Approved by Finance Director: Lease approved by Council on Carol Preas, City Clerk _ LEASE OP KENAI AIRPORT LA1VD5 Lessor: _ OliTSIDE THE AIRPORT' KESERVE -Page 1 & of I8 Lessee: - 67 Suggested by: Administration CITY OF $ENAI RESQLIITION NO. 2007-06 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, APPROVING THE LEASE FORM FOR LEASES OF AIRPORT RESERVE PROPERTY. WHEREAS, the Kenai Municipal Airport is the owner and lessor of a sfgnifican.t amount of property within the City of Kenai; and, WHEREAS, the City of Kenai has undergone as supplemental planning assessment in order to update airport operations including: planning, finances, accounting, management, and leasing; and, WHEREAS, as part of the supplement planning process the Airport Reserve was created; and, WHEREAS, the procedures for the leasing of airport reserve lands is contained in KMC 21.10: and, WHEREAS, KMC 21.10.150(a)(3) states the airport reserve lease form should be approved by the city council by resolution. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the airport reserve lease form as shaven on Attachment A is hereby approved by the City Council. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of February, 2007. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk 68 KENAT MUNICIPAL AIRPORT LEASE OF AIRPORT RESERVE LANDS THIS LEASE AGREEMENT entered in o and between the CITY OF KE~~tAI, Z10 Pidalg A individually, whose address is ("Lessee"}. day of , 200_, by Kenai, Alaska 99611-7794, and For the purposes of this Lease the 1. Airport - Che Kenai Municipal Airpo'. lanes, water taxiways, and all City-owned re Reserve as defined in KMC 21.05.010-020. all the taxiways, aprons, water ~undaries of the Airport 2. Airport Manager -the official t hom the ' y a authority and responsibility of managi an directing to Manager" includes that person's authori d re •esentativ . 3. City -the Citq of Kenai, Alaska, a h ~ul uniei 4. City Manager -the official hom th> elf! responsibility of managing and dir ctin I] activt ie S. Contamination -the untie itter>A+Ttre nce of 6. Environmental Law -any app ca e fe ral, stag ordinance, code, permit, order, decision, 'u gme t of any environmental matters, including littering nd dum ' g. 7. FAA -the abbreviatidn for 8. Hazardous Substance - ny ~ u to e that hazardous waste, Hazardous Sub e, z dou petroleum, petroleum product, or o . 9. KMC -the abbreviation for the e i 'u 10. Permanent Improvement - a fixed -- ---- Page 1 of 30 (aerachmenr fo ... . of the City has delegated the es of the Airport. "Airport of Alaslta. has delegated the Hazat~dous Substance. statute, law, regulation, ental entity relating to under an Environmental. Law as toxic, pollutant, contaminant, Code. Yo land that is not temporary or Lessee: 69 portable, including a building, building addition, gravel fill, paving, retaining wall, storage tank, and well. a. PREMISES: In consideration of Lesse~ the covenants of this Lease, the City leases tot e the following described property ("Premises"} i District, State of Alaska and located on the Airpo b. NO WARRANTY: Except as may p~ warranties, expressed or implied, concerni the sails; wetlands, access, and suitability or p ofitat this Lease, its environmental condition, or th pr on, and under the surface. The Lessee takes th warranty, subject to any and aIl of the covenants to the Premises. a. AU"I'HORIZED USES nt of the rents and performance of all e, and the Lessee leases from the City, ~e ai Recording District, Third Judicial > it. ;d in is ease, the City makes no specific lition o Ch remises including, survey, for any u i luding those authorized by ;a~ or absen a azardous Substances in, fls on an "a s' , asis and without is, a conditio affecting the City's title 1. USE OF PREMISE~The City ~itl'~s~ize the Les"~ee to use the Premises for the following purposes only: ~ ~ ~ ~/ 2. CONTINUOUS ER O S: Un ss C '"i approves otherwise in writing, the Lessee will operate its business n isas on c tinuous basis, uninterrupted by any period of closw•e over 15 consecutive a r 3 aggreg e ys within any I2-month period of the tezm of this lease. The Lessee will ve the "fy writte lice before closing the Lessee's business on the Premises for more than 1 consecu ' e days. The notice must state the reason for the closure and the date an w ch e Lesse wi -op for business. This provision does not apply to any period during w ich the ssee i un to erase its husincss as a result of an act or directive of fhe City, or as resu,~of closur o' e '~ ort or loss of the Lessee's buildings on the Premises due to fire or to s r. RIGHTS RESERVED TO I. RIGHT TO GRANT T OTC .The City reserves fhe right to grant to others any rights and privileges not spec tca }} gra ted to the Lessee on an exclusive basis. The rights and privileges granted to tha sseem''his Lease ase the only rights and ptivileges LEASE OF AIRPORT LANDS Page 2 of 30 (attachment to ... . City: Lessee: 70 granted to the Lessee by this Lease. 2. EASEMENTS: The City reserves the right to make grants to third parties or reserve to the City easements or rights of ay through, on, or above the Premises, The City wilt not grant or reserve any easeme t right of way that unreasonably interferes with the Lessee's authorized uses of the rerru es. 3. INGRESS, EGRESS AI` ingress to and egress from the Premises including buildings, for the puipose of i Except in the case of an emergency, coordinated with the Lessee to mini. v. the Premises. 4. RIGHT OF FLIGHT: The and assigns, for the use and benef t of t e ~i aircraft in the airspace above the surface f t include the right to cause in the airspace an aircraft used for navigation or fl t through operation on the Airport. a PROHIBITED USES Unless specifically authorized by this Lease prohibited: n 1. Any use of 2. Any use of Airport regulation. 3. The outside parts, non-operational up . solid waste or debris. 4. The disl3e by the Lessee, including waste. 5. The stripping, without the prior written app: LEASE OP AIRPORT LANDS Page 3 of 30 (attachment to ... . 3S ECTION: The City reserves the right of the ht to enter any part of the Premises, c n environmental testing at any time. tia s d environmental testing will be ~rferen th the Lessee's authorized uses of ~y ros ve Co the City, its successors right of ig for the passage of Wises. Thr ublic right of flight wi.11 nherent in the operation of any space or landing at, taking off from; ar Lease, the following are than thosAauthorized in this Lease. is i2~ vi~la$bn of a City Ordinance or an s aYi junk, salvage aircraft or vehicle or damaged equipment or material, or ~trport of waste materials generated slash, overburden, and construction any material from the Premises Lessee: n 6. Erecting structures or allowing growth of natural objects that would constitute an obstruotion to air navigation, or allowing any activity on the Premises that would interfere with. or be a hazard to the flight of aircraft, or interfere with air navigation or communication facilities, serving the AirpRrt. Any use or activity that is TIIU'VI & a. TERIvI: The term of this Lease is for to the _day of , 200_. b. HOLDOVER: If the Lessee holds ber ar the expiration, cancellation or termination o. thin extension of the Berm of this Lease, but only c at rent payments accepted by the City. The Lessee will continue during the month-to-month tenancy Lessee"s holdover with ten (10} days' ance wi a. RENT: The rent for the Premises is City pursuant KMC 21. L0.100 and applicable sales tax. The rent shall e the term of this Lease. All payma is ~ annual rent exceeds $2,400, the sse rent in equal monthly installments, a term. of this Lease and thereafter at m from annual to monthly shall result in had the conversion not taken. place. b. RENT PRORATED: basis of the rent payable and c. ADDITIONAL RENT: agrees to pay Yo the appropriate (1} Taxes pertaining to the by any ;in the LEASE OF AIRPORT LANDS Page 4 of 3U (attachment to ... . applicable law ox regulation. the _ day of , 200_ remains in os ession of the Premises after :a , the hol ' g ver will not operate as an m nth-to-m th enancy, regardless of any > igati s for pe ance under this Lease Fhe Ci or Lessee inav terminate Che ~r year, as established by the t C unde Article V of this Lease, plus in a vance of the first day of each year of as m st be made in U.S. dollars. If the en ~ to the City, choose to pay the }"fore the anniversary date of the c version of the payment schedule I sent than it would have reeeivved one (Z) year shall 6e prorated on the vious to the prorating. i in (a} of this Article, Lessee and charges as follows: of the Lessee. t ity; Lessee: 72 (2} Sates tax now enforced or levied in the future, computed upon rent payable in monthly installments whether the Lessee pays rent under this Lease on a monthly or annual basis. (S) All taxes and assessments levied legal owner of record of the Premises d. PAYMENTS: The Lessee shall make qh~ payable to the City of Kenai. and deliver paymen Fidalgo Avenue, Suit 200, Kenai, Alaska 99611- designate in writing to the Lessee. ~ e. INTEREST: Beginning the day aft r pe required under this Lease will accrue inter st at Interest on dispated amounts will nat be ch ~e Lessee's favor. f. LATE PAYMENT PENALTY: In additi~ this Article, each dme the Lessee fails t ay any the City will charge, and the Lessee sh 1 pa an of the amount due and unpaid. g. COURTESY BILLINGS: Lessee City is provided only as a courtesy. The 1 regardless of whether or notfhe Leysse~ re h. LIEN AGAINST LESSE Any and unpaid at the expiration, to ratio Lessee's property, real or personal. future by the City, as if Lessee was the c drafts, or postal money orders of Kenai, Finance Department, 210 R}' other address the City may ;nt is due, all npaid rents, charges, and fees rate of eigh pe • ent (8.0%) per annum. th~Lessee i e ispute is resolved in the Merest payable under Provision (e) of b}+ the date required in this Lease, eve penalty often percent (10.0%} that'e~illing statement issued by the ned to all rents and fees when due, ;~atemez~t from the City. fee, r o er consideration which is due on Lease will be a lien against the i. PAYMENT OF CPPY'S COST • 'Phe 'see wills all reasonable actual expenses, costs, and attorney fees City ma incur, ' h or wiC ut fo 1 action, to enforce, defend, or protect this Lease or City's ri is der this e inc ding any expense incurred with respect to environmental compliance bankru cy or a edt that involves the Lessee, the Lease, the Premises, or improveme s or so 1 prop ty n remises: The Lessee wili make payment within 30 days of the at o ac notice o City of an}+ amounts payable under this provision. j. PAYMENT FOR SPECIAL ~1 for any special services or facilities tht obligated by this Lease to provide and Page 5 of 30 (attachment to .~. v. .essee agrees to pay the City a reasonable fee to perform, which the City is not otherwise ?see requests s"rom the City in writing. City: Lessee: 73 AxTZeLI~ v ADJUSTMENT OF RENT AND FEES a. RENT OR FEE ADJUSTMENT: Beginn' gin 200'7 and, thereafter, at intervals of approximately five (S) years, the City shall, in it s e discretion, adjust the rent or a fee payable by the Lessee under Article IV or ocher provisio oft 's lease. The amount to which the City increases or decreases any rent or fee shall be e tablish din accordance with KMC 21.10.100 and 21.10.160. Any rent change by the City sh 11 be b . ed on the fair rnarlcet value of The Premises in its condition on 2. Any improvements made by not reimbursed by the Lessee. No rent or fee change shall beef written notsce to the Lessee. If the Les market rent for the Premises, the Lessee KivIC 21.10.160. b. CITY-CONSTRUCTED dMPRt or in connection with, the Premises shat of establishing Che rent under (a) of this reimburses the City for the City°s const: a. INVALID WITHOUT CI'~X a security interest in, by grant or ~~ or any improvement on the Premises assignment, sublease, or security irate bearing the original, notarized signet documents for the City's con pt document may not be cons d as YI interest. All provisions in th Lea Lessee. b. NO WAIVER OF CONSE1vjT: security interest will not waive the r t other assignment, sublease, or security c. ASSIGNEE /LESSEE OBLIGA' sc to date stated in Article III; plus to that date, the cost of which is 130 d vs ter the date of the City's that any ~ha ged rent exceeds the fair ,1 the rent rage to the City under vements constructed by the City on, a art of the Premises for the purpose a a condition of this lease, ant o C 21.10.110. he s`~e may not assign, sublet, or grant or ray part of this Lease, the Premises, :n o ent of the City. Any proposed en ust be submitted to the City The ssee may submit unsigned draft ~, he City°s eonceptuai approval of a draft o a assignment, sublease, or security c~h assignees and sublessees of the s contt to one assignment, sublease, or r the Lessee to obtain the City°s consent to any Antassignment must include a provision stating Page 6 of 30 (attachment to ... . Cifyi Lessee: 74 that the assignee accepts responsibility for all of the assignor's (Lessee's) obIigaYions under this Lease, including environmental liability and responsibility. I-Iowever, unless the City specifically releases the Lessee in writing, the City tray hold the Lessee responsible for perfotzning any obligation under this lease which,4n assignee fails to perform. d. OCCUPANCY BEFORE CPl'Y CO the Premises before the City consents to the e. CONFLICT OF PROVISIONS:.In the e~ assignment or a sublease, the terms of this Lease f, LESSEE NOT RELIEVED OF OBI~IG does not relieve or otherwise alter the Less e's t assignee or sublessee may not occupy or sablease in wttiting. between this Lease and an s consent to any sublease s Lease. g, SECURITY ASSIGNMENTS AND IN C G: 1. Subject to the requirements of (a) f t, is A 'cle VI, t - ssee may assign a security interest in this Lease for the purpo of in rim or permanent financing or refinancing of the Lessee's imp o menu on e 'remises, and for no other purpose. The security interest may be in e m of a m . g e, deed of trust; assignment or other appropriate instrument, provided A. the security interest pertai y the Le ee Leasehold interest; B. Che security inter does not rt to r create any interest in City's title to the Premises; and C. the documents ovid f the se city tt t~ st. are acceptable to the City. p y q g th lend ng institution acquires th Le e's rote st his ase as a result of a foreclosure action or other remedy of the s cured p y, or t o ny nsfer in lieu of foreclosure, or through settlement of r art ' g t of a p a r contemplated foreclosure action, the lending instituton ay a fe - ' ts rote st ' . this Lease to a nominee or a wholly owned subsidiary corpor io wi t poor rit n consent of the City, provided, the transferee assumes all of th co en is nd co 'ions required to be performed by the Lessee (including payment o n ie owed y Lessee to the City under the lease). In the event of such a transfer, the n 'na in itution ahall be relieved of any further liability under this Lessee. LEASE OF AIRPORT LANDS Page 7 of 30 (anachment to ... . 2. If the assignment of a c 't in resC to hi the City has consented shall be held by an established lending o • fi anci instituti n ncluding a bank, an established insurance com an and ualified nsion o rofrt s n Crust and e i City: Lessee: 75 3. A holder of a security interest in this Lease consented to by the City shall. have, and be subrogated to, any and all tights of the Lessee with respect to the curing of any default of this Lease by Lessee. 4. TF, before any default has occur. this Lease consented to by Che City giv office address, the City shall thereafter A. by regular U.S. mail, send to same Cim~e as the City gives notice of de B. not accept any surrender o ~ Che prior written consent of the hold r, withhold.. Lease, the holder of a security interest in y a written notice of the holder's post into h the 5. The City will enter into a new 1 std interest consented to by the City, if the expiration due to a default by the Lessee. term of this Lease and shall be ctive as c grant of the new Iease shall be bje to the A. The new lease shall be Lease; C. By no later thr Lease, the security hotdet together with payment of under this Lease. B. The new lease shall be for D. .The security delivery of such new I ase would at the time oft e ere such termination, an 'n ad. attorneys' fees, to whic Chi E. The security ho: all the other obligations of perform them prior to the t the a copy of each notice of default at the 1T~essee; and :ion of this Lease without not unreasonably delay ar t_ rises I~'tl~the holder of a security this e prior to its normal ~e shah be for the remainder of the nation of this Lease. The City's conditions; Lease is terminated; rent, and covenants as this h (2 `Il) day of wing the Germination of Chis a wtitt n re u a the City for the new Iease, konai re a of er sums then due to the City de hall pa the Clay, at the time of the execution and and s du hereunder in addition to those which on an el e th of be due under this Lease but for > hereto, an re able expenses, including legal and b' s all hav be n subjected by reason of such default. Page $ of 30 (attachment to .... efo~the execution of the new Iease, perform this Lease to the extent the Lessee farted to Lease. Lessee: 76 6. A holder of a security interest consented to by the City that takes possession of this Lease or enters into a new tease with the City shall not be released from the obligations and liabilities of this Lease or the new lease unless the holder assigns its leasehold estate to an assignee who is fina cially cagable and otherwise qualified to undertake to perform and observe the co i ' ns of this Lease or the new lease and the City consents to the assignment. The Ci y's c sent will not be unreasonably withheld. If the security holder assets that the City unrea onabty withholding its consent to a proposed assignment, the dispute shall e resol ed by arbitration. MAINTENANCE, a. MAINTENANCE ITCILITIES 1. At no cost to the City, the Less~'ll e~p the Pre iseand all improvements on the Premises clean, neat and presentable, s aso bly Bete i ed by the City. 2. At no cost to the City, th ssee wit. ro de for all maintenance and services at the Premises as may be necess y t acilitate e ssee's compliance with this Lease and the Lessee's use of the Prem es. 3. The Lessee shall comply wit a ed lotion s of inanees of the City that are promulgated for the promotion of sam h t no cost he City, the Lessee shall keep the Premises in a clean and s nitary con ih a contro activities on the Premises to prevent the pollution of wa r. 4. The Lessee agrees o ca ly ith all ecis' s d directions of the City's Airport Manager regarding ai to n and o ra ion f the Airport, and the use oP the Airport by the Lessee. b. UTILITIES , Unless specifically provided therwt in this e• ,the. ssee shall, at no cost to the City, provide for all utilities at the remises cessar to ac' 't the Lessee's use of the Premises. SNOW REMOVAL 1. At no cost to the City, th ee 's respditsibte for snow removal on the Premises. The Lessee shalt dis os o no ~ in an off-Premises location approved in writing by the City or provide sm b s a .storage within the boundaries of the Premises in accordance with all ap ~ca le f • eral and state laws. At the request of the ' Page 9 of 30 (attachment to ... . Lessee' 77 Airport Manager, the Lessee shall. submit a snow removal. plan for the Premises to the Manager far review. Clpon approval of the Lzssee's plan by the Airport Manager, the Lessee shall conduct all snow removal operations on the Premises in accordance with the approved plan. n 2. Lessee shall not deposit snow maneuvering surface provided for co: approval of the Airport Manager, 3. Lessee agrees to not allow an cause interference with adjoining lea a. OPE'RATTONS ON THE AIRPORT: employees, guests, contractors, sublessees, and authorized under this Lease shall do so in a ma. protection of public health and the envi o en the Premises. taxiway, safety area, or other aircraft- others without the prior written t 'o f snow on the Premises that would s o th users of Che Airport. VIII OUTS e se will ensu t t the Lessee, its rs th t perform y activity or function :hate : sures the safety of people, the ~te fety and integrity of the Airport and b. LESSEE'S CONTROL AND _The Lessee will assume ful} City for the activities of else acting by, on behalf the Premises. o tr ole res sibility as between Lessee and the es e 's rsonne and employees, and anyone r the a th rityo he Lessee on the Airport, including ?. The Lessee will malfunction or other public health or the e c. RADIOINTERPEREI~C .The device that interferes with an Bove e the cause of the interference elinuzrat d. WILDLIFE: The Lessee an airport constitutes a significant za`s~ Premises clean of fish slime, fish w e, ~ wildlife. The Lessee accepts full respo take all reasonable measures to prevent a LEAST; OP AIRPORT LANDS Page 10 of 30 (attachment to .. , . the rt of "any condition, problem, :ns th sa ty of people or the Airport, harm to etv or i e 'tv of the Premises. the use of any machine or receiver, or navigation aid until. that co centration of birds or other wildlife on :raft op tions. The Lessee agrees to keep the her material that might attract birds or other to aintain the Premises, control operations, and ptra 'on of birds or other wildlife on the Premises. Crty: Le&see: 78 e. PARKLNG: The Lessee will provide adequate vehicle, equipment, and aircraft panting space on the Premises for Lessee's business or activities, or confine panting to such other places on the Aigaort as may be approved ar designated in writing by the Airport Manager. a. HAZARDOUS SUBSTANCE 1. The lessee wi}1 conduct it compliance with all environmental on the Premises, the Lessee agrees procedures for safety storing, dispe in accordance with all applicable fi 2. Lessee will promptly give the Cit~ relating to the presence of a Hazardous Su operations on the Airport. The e ee will proceedings, b. ENVIRONMENTAL If Contamination of the Premises or other Lessee's operations on the Premise e Lessee any and all claims, judgments, da ages, malt but not limited to, sums paid in se dement f cl. fees, which arise during or after t e to f is indemnification of the City by Less e i cI e with any investigation of site conditi s ny work required by any federal, state, or 1 ca goy Substance being present in the soil or gro dw: affected by the Contaminatior~\ c. REMEDIATION 1. In the event of a immediately notify the City and act, promptly, at its sole clean up the spill area, and r. otherwise comply with the a LEASE OF AIRPORT LANDS Page 1 I of 30 (attachment to ... . but is 79 Uo p anon on the Premises in ermi .I azardoussubstances are handled ~per~ly n personnel and adequate otherwis ha ling Hazardous Substances rand local ws. abate or settle matters the Premises or from Lessee's City to participate in any such Hazardu Substance occurs from the Set nify, defend, and hold harmless from s, co s, liabilities, or losses, including, :tarry' fees, consultant fees, and expert as of such Contamination. This d to, costs incurred in connection ation, removal, or restorative cy because of a Hazardous Premises or other properties sp~,l an the Premises, the Lessee will. tment of Environmental Conversation n the spill, repair, any damage, absorb and s to a condition satisfactory to the City and of any environmental ]aw. Lessee: 2. In addition to any notices required by this Lease, the Lessee will immediately notify and copy the City in writing of any of the following: A. any permit, enforcement, E regulatory actiontnatituted, com e Environmental Law, B. any claim made or three ene from the Lessee's operations au r contribution., compensation, loss or from any Hazardous Substan in, C. any report made by, o o b. agency arising out of or in c nnec removed from the Premises inclu asserKed violations. 3. Remediation and restoration of state and federal regulations and st ~ authorities. f. ENVIRONIViENTAL AUBIT The Lessee will provide the City with all in s~ information gathered or analyzed as part of or ' characterization or audit on the Pre ' es or the performed after the starting date of this ease. ' information to the City within 60 aye fol win Lessee. g. RELEASE OF LESSEE The City releases the Lessee from Hazardous Substances that ex stet materially contributed to by t e L h. SURVIVAL OF The obligations and duties of the cancellation, termination or expi~ to up, lien, removal or other governmental or ~orthreatened pursuant to an .any person. against the Lessee or arising d this Lease, relating to damage, salting, from, or claimed to result o n r the Airport; or If of, he ssee to any environmental with an zardous Substances in, on, or any com ai s, notices, warnings, or data, stt to date arearst meet all applicable cuts of all governing regu}atory alts, reports ,and any other vironmental Assessment, se performs or causes to be submit the data, result, report or rich it becomes available to the the ~ for Page l2 of 30 (attachment to ... . 80 tmination and the presence of date of this lease unless caused or IX of this lease shall survive the City: Lessee. ARTICLE R INLIEMNIFICATION & INSURANCE a. INI7EMNIFTCATION 1. The Lessee will. indemnify, save agents, and. employees from and against achninistrative actions, claims, awards, u relief or penalties of any nature or kind t property damage, personal injm~y, death; ar any otherrnjury or harm. This ind t sums paid in settlement of claims, a o. costs and expenses, directly or indir ctly Lease as it relates to the Lessee, th Less act or omission by the Lessee, or by y sublessees. These indemnity obligation ; Lessee's obligation to provide insurance, termination. of this Lease. Z. The Lessee shall give tli~ mattaraffectingtlie City to whie any letter by an attorney on behal: notice or complaint by any regula to participate cooperatively in the such matter, without relievi~„the 3. As to any amount aid to c respect to which an act or mis Paragraph 1 of this section, e e to the prinesples of compazati f apportionment according to co City shall seek in good faith to ac fault as between them. 1v This Lessee shall not be Lease. b. INSURANCE: At no ex ns~ t the term of this Lease, insurance o e specific limits are set, they will be th r contains higher limits, the City will be ~ the time insurance in obtained by the L~ rated "A-" or better by A.M. Best. The ss, and defend the City, its officers, y any all liabilities, iosaes, suits, ;me ~ ts, fines, demands, damages, injunctive 7e fu extent of the loss or obligation for 1 n f any regulation or grant agreement, is do o. e Ctty by Che Lessee shall include fees, co su t fees, expert fees, or other ising fro co nected to or on account of this 's activities t o elating to the Airport, ox any its fficers, e t ees, agents, contractors or r a tion to, d of limited by, the t she] urvive Ch xpiration or earlier tic of any suit, claim, action or other a ve, may apply, together with a copy of nant, an complaint filed in court, and any The Ci s all have the right, at its option, settle e t negotiations regarding, any y o its obligations under this provision. for ersona in ry or property damage with to Cit is e e cause, notwithstanding nd the it ha reimburse each other according liability o third party is subject to ault and t is provision, Che Lessee and the ~on~'~d~icial areement as to apportionment of ~4~t~tme of liability between the City and the ie ~~is o ,ny personwho is not a party to this ee will obtain and keep in force during .tired by this provision. Where a limits. If the Lessee's policy to the extent of the higher limits. At shall be by a company/corporation of insurance are required with the LliflJli Vt' Y1llLL V3\1 l.tll\LJ ' Page 13 of 30 {attaehmenf to ... . Lessee: 81 following minimum amounts: I. Commercial General Liability, including Premises, all operations, property damage, prodacts and completed operatic ,and personal injury and death, broad-form contractual, with aper-occurrence limit o n t less than $1,000,000 combined single limit. If this lease authorizes the Lessee o en ge in the sale or the commercial dispensing or storage of aviation fuel, U polic musC not exclude of the Lessee's fuel handling activities, This policy must n me the ity as an additional insured. 2. Commercial Automobile combined single limit per occurTen non-owned motor vehicles used by 3. Workers for all employees, coverage as n other statutory obligations. The 4. The Lessee will form of an insurance policy or premiufns have been paid, sho All insurance required by this days prior to any termination, 5. If the Lessee's immediately, upon written the Premises. The Lessee ~ the Lessee has obtained cu Lease. ~ not less than $1,000,000 rust cover all owned, hired, and The s e will provide and maintain, 23.30. 5, nd, where applicable, any e subroga'on gainst U1e City. wide the~ity wj~h proof of insurance coverage in the 'ficate a 'ns once, together with proof that the ig e types a netary limits of coverage secured. isio ust pro 'de hat the City be notified at least 30 c 1 'o or mate ' 1 ange in the insurance coverage. ranc c ra lapses r s canceled, Lessee will by the i al 11 operations on the Airport, including resume ation ntil the City receives evidence that sntrance c verage~ne 'ng the requirements of this G. The City may, tit date of the term of this Lease an requirements required under this 1 requirements will be b e n the guidelines adapted by the Cit ar 7. If the Lei provisions of this Lease, coverage required of the LEASE OF AIRPORT LANDS Page 14 of 30 (attachment to ... . of not 1 s an five years from the beginning ~~tten not e, o Lessee, revise the insurance ,_i~ua Bete ination to revise the insurance the Lessee's operations, any insurance in plicable Iaw. all o an portion of the Premises under the Il req ' e e sublessee to flrovide to the insurance his Artr 1 ' X. Lessee: 82 ARTICLE XI LAWS & TAXES a. COMPLIANCE WITH LAW: Lessee and regulations of public authorities now or hi Premises or the sidewalks, alleys, streets, and structures, fixtures and improvements or the u ordinances, and regulations which may be her pazt of the governmental body enacting the sa harmless: (1) From the consequences of regulations; and (2) From all claims for damages resulting from such vialation. b. UNLAWFUL ACTNITY: Th business, or trade to be conducted on tl including zoning ordinances, rules and c. LICENSES AND PERMITS: pay all taxes and special assessments lawful t and charges assessed under applicable law. challenging any taxes or special asspss~ments to d. LITIGATION: The KM tha State of Alaska will govern ; continues after exhaustion of ad of the State of Alaska, in Kenai, e. LESSEE TO PAY TAXES: during the term of this Lease ay Borough, City, or any other t x lev may have in or to the Premis s or i~ occupancy or the terms of this a~ prevent Lessee from cantesting a ordinance, or regulation.. f. PARTIAL INVALIDITY: If declared by a eoutU of competent jtui comply with all applicable laws, ordinances, in any manner affecting the Airport, the a 'acent to the Premises, or any buildings, reo ,whether or not any such laws, en ted involve a change of poficy on the zss agrees to hold City financially ,ordinances, andlor of injurie~ d~th, or propert}+ damage nat ° rtttit any uhlawful use, occupation, tra to any law, ordinance, or regulation, tl obta necessary licenses and permits, ~~d u~pon e emises, and pay other fees it2.this Lea e revents the Lessee from [ted thereunder, and the laws of and City. If a dispute must be brought in the courts s shall pa ~ all lawful taxes and assessments which, ne a ie on which may be levied by the State, body, rt to ble possessory right which Lessee ement n e tses by reason of its use or >vt ad, ho ev , t at nothing in this provision shall ~se a tax r ~ sessment under any applicable law, LEASE OP AIRPORT LANDS Page 15 of 30 (attachmen[ to ... . condition, or part of this Lease is or unconstitutional, the remaining Lessee: 83 terms, provisions, conditions, or parts shall. continue in full. force and effect as though the declaration had not been made. AItTIC XII LEASE TE ATION a. CANCELLATION: The City may, afte 30 da 'written notice to the Lessee, cancel this Lease and recoverpossessioa of the Premises i any a the following violations occur, unless the violation is eared within the 30 days: 1. The Lessee fails to pay when sums specified in this Lease, includi: 2. The Lessee's check for insufficient funds. 3. The Lessen uses or authorizes authorized by this Lease. 4. The Lessee fails to 5. The court enters a 6. A trustee or receiver is by or against the Lessee, orb 7. Failure by the Lessee to improvement constructio requ the~~•en a itional rents, charges, or other w increas de under this Lease. sum due~irn2i~x this Lease is returned for Premises~r any purpose not and colripl`y~with any provision in this Lease. this the Lessee. sees in a proceeding brought tion in bankruptcy. or permanent b. ENTRY A.ND RE-ENTRY: th end accordance with this Article XII, or by ary abandonment of the Premises or a portion f the represeneativesmny, immedia ely any ti t1E Premises or portion thereof, d rem e all p s for any damages therefore. ore-ep-try ~ the of the Lease. ~ '\ c. CONTINULNG OBLIGA N~ continue to pay City rent after the ex ra abide by the lease obligations, includin p Lessee relinquishes possession of and co Premises completely vacated if the Lessee LEASE OF AIRPORT LANDS Page 16 of 30 (attachment m ... . that the e e should be terminated in roceedi o r otherwise, or upon the Lessee's Pr ices, C ~ City ar its agents, servants, or afte re-enter, and resume possession of the d p perty therefrom, without being liable qty a deemed an acceptance of a surrender 84 5ES VACATED: The Lessee will or cancellation. of this lease and to of insurance coverage, through the date :the Premises. City will considerthe City. Lessee: 1. Remediated any environmental contamination far which the Lessee is responsible; 2. Removed or otherwise disposed improvements and personal property wl directs to be removed; and 3. Restored the Premises to a neat City. d. REASONABLE CURE 1. In the case of a violation flt can t be of cancellation issued by the City to e sse 30-day notice period, the Lessee bed n an c violation, The City will determine if a yr la o days and what constitutes expeditious actin . 2 In the case where, in Ci s an imminent threat to the airport. direct the Lessee to atop the activit violation, or the City may correct t! Lessee-awned permanent or removable ~ Lease allows to be removed or the City condition acceptable to the y ed within 30 days, a notice is le isstayed if, within the xp 'ti s action to cure the be re nabiv cured within 30 Lessee's violation is considered ~, or the environment, City will ~ reduce the period to cure the t t fd) of this Article. e. RIGHT OF CITY TO PERF}O, 1. If, after30 days fo ow required by this Lease, th Cit; or all such actions required not take action if the Lessee b action required by this Lease tl City will, ants sole discretion, action cannot be reaso ab e invoice for the expen s inc required action. The essee~i issuance.. ~ ` LEASE OF AIRPORT LANDS Page 17 of 30 (attachment to .... rice the essee Pai or refuses to perform any action 1 ve the 'ght of the obligation, to perform any a e at the oI expense of the Lessee. The City will ~ ^d ontinue ex editious action to perform any ca4rnat e reason 'completed within 30 days. The rnune w t cons utes expeditious action and if an rm d i 0 da . The City will submit to the Lessee an. by t th erformance by the City of any ay the n f ach invoice within 30 days from City: Lessee: 85 2. If Lessee fails or refuses to perform any action that has been deemed an imminent threat Che City wiH have the right, but not the obligation, to perform any or all such actions required to expeditiously correct the imminent threat. Lessee shall reimburse Che City for any cost, including legal fees and chninistrative costs reasonably incurred by the City in acting to correct the imminent thr at iolation. f. WAIVER: A waiver by the City of any efault Lease will not operate as a waiver of any subs went d~ City is not required to provide notice to the Less e to r under this Lease, The waiver by the City of any p relied upon unless the waiver is in writing a signe .c insist upon the strict performance by the Le ea f any relinquishment for the Future, and the provi ion w'dl ce g. AIlZPORT CLOSURE: 1. If the City closes the airport to alt rafE opal Lease will remain in full force and effect w' hoot 2, If the City closes the Ai . ort aircraft e but not permanently, and this Le e is r aviatio Lessee may, upon written notice to h Ct either and receive a fifty (Sd%) percent ren re c "nor that exceeds sixty (60) days. If the City (i) this Lease is fr terminate this agreement (ii) this Lease is for non Che Lease terminated. The City best interest and either ten 'nat DISASTERS The Lessee or City may cancel 1. the Premises beet under this lease becomes 2. the Airport becomes the the Lessee of any provision of this 1t. If the City waivesa default, the re or revive any term or condition 'n this Lease cannot be enforced or f of the City. The City's failure to 'tst in tins Lease is not a waiver ar ~in 11 force. for `ss~, ty (6d} days or less, this for more than sixty (66) days, aaviation support uses, the tte the Lease or retain the Lease qr fhat partionof the closure operations and uses, the Lessee may to the ee mayrequest in writing to have he Le ee's request in light of the City's `deny the Lessee's request in writing. to the other party if fault of either party and performance no fault of either party and the Page i 8 of 30 (attachmenk to ... . 86 cny: Lessee: performance under this lease becomes impassible. Tf the Lessee elects in writing that it will continue to operate after notice from City to Lessee that the Airport has become unusable, the Lessee's opb~rgQatrons under the Lease will continue, but City shall be under no obligation to continue to nn. Causes for termination of the lease under this enemy, and the United States. i. NATIONAL EMERGENCY: If the neither party may hold the other liable for at result of the national emergency. j. SURRENDER ON TERMINATIO E ~ ept as Lessee shall, on the last day of the term oft ' ase 'n thereof) or upon any earlier termination of this e e s the possession and use of City without fraud or la in for reasonable wear and tear since the last necess rep free and clear of all Lettings and occupy s unless e r and free and clear of all liens and encu bra es other City. a. USE OF THE AIRPORT: facilities without the written cons nt of use of areas designaced by the Cit for automobile parking areas, and sta~ee ~ b. COSTS AND EXPENSES: Col hmited to recording costs, shall be paid c. CARE OF TI-)E PRE 18 order at the Lessee's own ex ens removing any material thereor the term fixed, or any earlier to and surrender the premises to the d. CONSTRUCTION APPROV Premises by the Lessee must be coml authorized under this Lease, as decerr Page 19 of 30 (attachment to ... . include acts of God, the public declares a national emergene}+, many part of this Lease as a in this Article XII, m or renewal der an de ivar up the premises into 3 order, diCion, and repair, except replacement, restoration or renewal, y permitted by the City in writing, hose created by and for loans to as prov e~ herei any regular use of Airport lands or City is ohibit~d, his prohibition shall not apply to et ed pub ' us h as passenger terminals, to this lease, including but not s ee ke the Prenuses clean and in good no am e, ste, nor destruction thereof, nor Bitten et issran of the City. At the expiration of ire Leas , ,Lessee will peaceably and quietly quit Any building construction on the s and consistent with the uses The Lessee must obtain the Cit}~'s City: Lessee: 87 written approval before placing fill material, beginning any land development, or constructing or demolishing any improvements on the Premises, and before beginning any alterations, modifications, or renovation of existing structures on the Premises. The Lessee must submit to the City detailed drawings of the proposed together with specifications or any other ir, Lessee will submit to City evidence of the Administration regulation 14 CFR Part 77. ,nt, alteration, modification, or renovation, the City reasonably requires. Further, the atnpliance wsth Federal Aviation e. LEASE SUBORDINATE TO AIRPOR ACING REQUII2EMENTS: Lessee agrees that City may modify this Lease to meet re 's re irements for Federal. or State grants, or to conform to Che requirements of any rev ue bo ~d c ve ant. However, the modification shall, not act to reduce the rights or privilege nted the ss by this Lease, nor act Co cause the Lessee financial loss. £ RIGHT TO ENJOYMENT AND P C B POSSE I N: City hereby agrees and covenants that the Lessee, upon paying rent an p f r 'ng other c ve ants, terms, and conditions of this Lease, shall. have the right to q iet y an peacefult ld, use, occupy, and enjoy the Premises, except that the following shall of co ,trued as a denial of the right of quiet or peaceable possession: 1. Any inconvenience 2. Any other entries by the provisions of this Lease. g. NO PARTNERSHIP OR~IN'2~ the City shall not be construed or eld to the Lessee's activities or busines on the Lessee is, and shall at all times rem in, h. DISCRIMINATION: The Les religion, narional origin, ancestry, age, employment, or other person r g p taw. The Lessee recognizes ~e right provision, including actions quire~p or authorized under other 3`~REA D: It is expressly understood that orjoi t nture of Lessee in the conduct of ~ie r 'z ' ship between the City and the of n ord and tenant, respectively. s wyi11 n " discrimi on the grounds of race, color, or ex again any pa on, employee, applicant for of pe on an anner prohibited by federal or state f the t t e action necessary to enforce this u want t an fe l or state law. Page 20 of 30 (attachment to ... . by p~ayblic wor~pr~jeets in or about the Premises; and City: Lessee: 88 t. AFFII2MATIVE ACTION: If required by 14 CFR Part 152, subpart E, the Lessee will undertake an affirmative action program to insure that no person will be excluded from participating in any employment activities offered by [he Lessee on the grounds of race, creed, color, national origin, ar sex. No person may be chided on these grounds from participating in or receiving the services or benefits of any progr m r activity covered by subpart E, The Lessee further agrees that it will require its suborganiza ions rovide assurance to the City to the same effect that they will also undertake affirmative ction p ogams and require assurances from their suborganizatian(s) as required by I4 CFR, Pa 152, s part E. Tenant shall use the premises in co: pursuant to title 49, code of Federal Regult 21, Nondiscrimination in Federally-Assiste Bffectuation of Title VI of the Civil Rights j. INTEGRATION, MERGER, AND Ira conditions, and agreements of the parties and. agreements regarding the Premises whether c this Lease is effective unless in writing and si k. RIGI3T TO ADOPT RULES: ity ~ see reasonable Hiles and regulations governi the not be liable to Lessee for any diminution. 1 under this Lease, on account of the exercise f Furthermore, the Lessee shall not be entitled t leasehold estate created under Chis se, by rea reserved underthis provision, unle s th xercis occupancy of the Premises as toe nstitute ten operation of Iaw under the laws o the e E to the states. 1. LESSEE'S OBLIGATION TO ED permit any liens including, but not limite to, m obtainable or available under e n exists I improvements on the Premis s for an labor o been furnished to Lessee or t the ss 's ogee work. of any character perform. o c 'm to I improvements by or at the direct n s fe nc have the right to provide a bond as on m lot amount of any such lien or claimed h n. p n the Lessee will immediately pay any ju n shall have such lien released or judgment ati i Page 21 of ~0 (attachment to ... . h .other requirements imposed by or b ' le A, Office of the Secretary, Part ms of e partment of Transportation- 964, and s t Regulation may be amended. I TION: is ease sets out all the teens, e any previ s nderstandings or rifle No mode ation or amendment of ~n beh f of Che City and the Lessee. g t to adopt, amend, and enforce lu ing the Premises. The City shat] ~ os ession, or of Lessee's rights aut rit reserved under this provision. thew or any portion of the exercis of the City's authority so terferes with Lessee's use and i w le or in part, of this Lease by l ~ United States made applicable AND R I OVE LIEiRTS: Lessee will not i~ics', la orers', or materialmen's liens to nd against the Premises or e 1 f fished to Lessee or claimed to have c n c rs, ar sublessees, in connection with ~ b n performed on the Premises ar o ee. Provided, however, the Lessee shall by A a law and contest the validity or final determination of the lien or claim for lien, red with all proper costs and charges and Lessee's own expense. T.essee; 89 m. CONDEMNATION: In the event the Premises or any part thereof shall be condemned and taken for a public or aquasi-public use, then upon payment of any award or compensation arising from the condemnation or taking, the City and the Lessee shall make a good faith effort to agree upon ~ 1. the division of the proceeds; 2, the abatement in rent payable d Lease; and 3. other adjustments as the parties all the circumstances. If, within thirty (30) days after the award ha b n paid int~ unable to agree upon what division, abate of in nt, and o equitable, the dispute shall be determined arbi anon. o. SUCCESSORS IN INTEREST: This s a be benefit of [he respective successors and assigns th p limitations on assignment as are provided for in thl Leas , p. NOTICES: 1. Any notices required by thix personally or mailed by certified or nOt1Ce A. must be ad~esse to the page of this Lease r to the tes Provision (p); and ~ B, shall. be dec branch post office. 2. The City or th Le e may,'kgor they will receive noti es by p viding poor to the effective .ate of 'he ange. according to the prate e et ut (1) q. RETEiV"I'IOIST OF RENTAL breach by the Lessee, the City shall the Lessee City as partial or total lit Pale 22 of 30 {attachment to ... . be on the or any extension of the term of this upon as beingjust and equitable under the City and Lessee are justments as are just and ~indin n nand shall inure to the hereto, ~ jeet to such specific in and must be delivered d envelope. A mailed at the address written on the first ted in accordance with (2) of this is deposited in a U.S. general or e, designate a new address at which with written notice at Least 'l5 days change notice must be delivered lion (p). the eerminates this Lease because of any ised ba once of the rental payment Iast made by for the breach. 90 Lessee: r, FIRE PROTECTION: The Lessee will take all reasonable precautions to prevent, and take all necessary action to suppress destructive or uncontrolled fires and comp}y with all laws, regulations, and rules promulgated and enforced by the City for fire protection on the Airport. s. PERSONAL USE OF MATERIALS: N i Brest in coal, oil, gas or any other mineral, or in any deposit of stone or gravel valuable for xtra ion or utilization is included in the Premises or in the rights granted by this ]ease.. he Le see shall not sell or remove from the Premises for use elsewhere any timber, stone, ravel, eat moss, topsoil or any other material valuable for building or commercial purposes. t. APPROVAL OF OTHER AUTHO not relieve the Lessee of the responsibility federal, state, or local law. '"The~;ra ting of this lease by the City does any li ns or permit as may be required by u. EXECUTION BY THE PARTIES: Lessee,or a duly authorized representative City; of no e ec unless signed by Che an autho 'ze ,representative of the v. CAPTIONS: The captions of C rovisions th Lease are for convenience only and do not necessarily define, limit, descri , or onstrue t c tents of any provision. w. RIGHTS OF CONSTRUCTION: hi L se is int de to make public property available for private use, while at all times p nt tin the pub 'c i terest to the greatest extent possible. Following the rule that transfers oft to t i ublie ° erty are Co be strictly construed in favor of the public pro ly landlo ig s granted to the Lessee under this. Lease will be strictly constnued, an all ' ahts of t e ity an the protections oP the public interest will be liberally construe x. LESSEE ACKNOWLEDG e Less a knowledges this Lease and fully understands its to , t at t e Less h opportunity of advice by separate legal ~ou sel, d volun r acknowledges and agrees that the rule oft terpreta ' n unde against the drafter will not ap y this Lea ~ y. APPROVAL BY L be unreasonably withheld. responsibility or liability to LEASE OF AIRPORT LANDS Page 23 of 3Q (attachment to ... . been fully advised or has had the y executes this Lease. Lessee also which a document is construed of the Lessor by this Lease will not waive the Lessee's legal tal and state laws and regulations. c:,ty: Lessee: 91 that the Lessee has read ARTICLE XIV SURVEY, IMPROVEMENTS AND PERFOIZMANCE BOND a. SURVEY: The Lessee is solely responsi e, at its sole expense, to confirm or establish the physical location of the boundaries of the Pre t es prior to beginning any construction thereon, including clearing grubbing, back-ftllin an nvironmental sampling. Any survey of the Premises shall be performed by a Land Su eyor r istered in the State of Alaska. The Lessee shall furnish the City with a copy of th plat of y survey performed on the Premises hy, or on behalf of, the Lessee. b. IMPROVEMENTS. 1. REQUIRED LMPROVEME 'TS: ~, t no cost City, Lessee agrees to complete land development and co strucf n of Pet~rta nt mprovements including by n la r th ;with an aggregate cost of at least S excludin fit ,ncing costs. In addition to the as-built drawings required by Chis a ,the ssee m f submit Co the City written evidence that the Lessee has completed the and d , elopmenC and constructed improvements on the Premises t t an aggre to ost or investment of not less than Ths evidence of cost must be subm'tt~} t the City ith`i~t sixty (60) days of the completion of the development and improve e tby no . to than A. Costs consid d toward 7e e to cost'~of permanent improvements include building constructi n, d ign, lab ateria ,materials shipping, permits, equipment, soil testing, en ironme al base 'ne rep rt, d environmental assessment directly related to the con ructi • p wises d a i surveys; site preparation, including excavation, geote il., a ic, thing, a 'ng, fill material, gravel, and pavement, remediation of env on nt :cantamt at n {unless Lessee caused or Materially Contributed To the nt min ion); an u Iity connection costs. B. The co o ermane I va nts excludes (i} fin ncing c ts; (ii) w rk pe or d by t y not reimbursed by the Lessee; and (iii) wor p~e by the s e and reimbursed by the City, Z. FAILURE TO COIL the required construction wtt any extensions granted, the Cit, or other guarantee given by the ~ _ vTS: If ehe Lessee fails to complete we under (b}(1) of this Article, including against. and the i,essee will forfeit, any bond s applicable, City will Page 24 of 30 (attachment to ... . Lessee: 92 A. initiate cancellation of the lease; or B. reduce the term of the lease to a period that is consistent with the portion of the required construction Cimely~ompleted; or 3. APPEARANCE: When neat, presentable, and compatible with Lease, as determined by the. City. 4. CITY APPROVAL REQUIRED: approval before beginning any land e improvements on the Premises, orb or renovation of existing structures on he P detailed drawings of the proposed velo Farther, the Lessee will submit to Ci ev FAA regulation 14 CPR Part 77. 5. C1TY APPROVAL alteration, modification, or A. the Lessee fails to de project; B. the project plans, spe C. the proposed project regulation, or law; D. the proposed pr ject security, maintenance, or peral E. the proposed p jeer F. the proposed pro ct ordinances, or the City's Com ~ G. the project plans do r vehicle; and equipment arking H. the propos p ect principles or applicab e fire o 6. DEMOLITIO: Lessee will deliver to struoture(s} that are to bed o the debris from the Airport. Lessee written approval for the BUILDING SETBACK: LEASE OF AIRPORT LANI?S Page ?~ of 30 (attachment to ... . on Che Premises must be use of the Premises under this must first obtain the City's written ~truotion or demolition of any ;ions, modifications, or must submit to the City dification, or renovation. of the Le~yse~s compliance with the .D: e Ci 's approval of any consnuction, will n be ithheld unless resources to complete Che vats are incomplete; an apghcable ordinance, is incompatible with the safety, the rt Master Plan; of the lease, zoning for drainage, aircraft, to generally recognized engineering ti of any structure(sj an the Premises, o o thaC, at a minimum, lists the the h `frame for demolition and removal of ew Lessee's scope for demolition and issue 93 other permanent structure may be City: Lessee: constructed or placed within twenty (~0) feet of any boundary line of the Premisea without City's prior written approval In addition, no building or other permanent structure may be constructed or placed within feet of any boundary line of the Premises which frant~on a landing strip, taxiway, or apron. E. AS-BUILT DRAWINGS: Wit construction or placement of improver the City a copy of an as-built drawing, dimensions of the improvements, givit Lessee constructs underground impro~ surface of the land with adequate sut•~ between such markers will be subiecff 9. AII2PORT SECURITY t~ealignment or alteration of an existih., Premises, the Lessee agrees to realign by the Airport Manager. Anytime the complete improvement constru Lessee's sole expense place ter deteizrtined by the Aizport Mar or boundary of the Premises in Premises, the Lessee shall prox Manager. 10. DAMAGE TO IM2 are damaged or destroyed, and restored to normal fun tip If the Lessee fails to timeI r¢ discretion, either reduce the the Lessee's remaining, fully Lease. 11, DAMAGE extent that more than years of the expiratio improvements, restore d. PERFORMANCE BOND improvements required under (b){l) performance bond, deposit, or other the bond ar other security shall be s~ (60) days after completion of ~ the Premises, the Lessee will deliver to le to the City, showing the location and to all Premises' boundarlea. If the ssee will. appropriately mark the r e type, quantity, and distance If any con u 'on by the Lessee requires a it ~ fence on e ~r th~fence in a , emises or boundary of the net approved in writing 3'nust be breach e allow the Lessee to or fen mod' ications, the Lessee shall, at the ry banie to aintain the security of the Airport, as damage cc Ys to a security fence on the Premises ~c ' n with th L ace's use or occupation of the reRai the fence o e satisfaction of the Airport ME S: Le ee's in'lprovements on the Premises will ca e e im ovements to be repaired or rebuilt, in two ~) year fo owing the damage or destruction. ~~o restore e i `p ements, the City may, at its sole ~t\thi ,Lease en urate with the estimated value of st al prove en' on the Premises, or cancel this ~ O If L sec's improvements are damaged to the pee 's abl d the damage occurs within five of thi e, see may remove the damaged Zs,and to i to his Lease. LEASE OF AIRPORT L.SNDS Page 26 of 30 (attachment to ... . toginning the construction of permanent the Lessee shall submit to the City a amount of $ .The form of s approval. Lessee: 94 e. DISPOSITION OF IMPROVF,MENTS UPON TEI2NIINATION: Upon the expiration of the term of this Lease (or any renewal or extension thereof) or any earlier termination, Citle to the haildings, other improvements, and building equipment shall automaticallyvest in City without requirement of any deed, conveyance, or bill of s e. However, if City should request any such document in confirmation hereof, Lessee shall pr tly execute, acknowledge, and deliver the document to the City and pay any charge, tax, a d fee awfully asserted or imposed on the conveyance evidenced by the document. Provi ed ho ever, that Lessee shall. retain title to, and remove from the Premises at the Lessee's sole xpens ,.any building, other improvement or building equipment that the City has determin n curio g to the Lessee 1. has exceeded its useful life; 2. is damaged beyond reasonable re ai 3. is a hindrance to the future use o the 4. is of negligible value. f. NOTICE OF CONSTRUCTION: The s~e~' a ees to notl y~e City in writing three days prior to commencing any construction prof t aloe 'n excess 500.00 on [he Premises. The Lessee agrees to assist in the postin of a noti of n n-responsibtIity and maintenance of the notice on the Premises during const ion. Less a ees that in the event the Lessee fails to notify the City as required by this Prov ion f), the Le ee hall. indemnify the City against any materialmen's liens as defined in AS 34. 5.05 which ari a result of constriction on the premises. ~ 1. City Constt-ucted ALTERNATIVE ONE -The i co rn' s to co t et zmpr~overaents after the lease is signed. (a) As part of the exehang of consi ation ~ this lease, the City will, at the City's expense ca the fol wiQ~rm vements tc be constructed on or in connection wi the P ises, (i) {ii) (b) The City° s total Page 27 of 30 (attachment to ... . 's written concurrence.. construction shall not exceed city: Lessee: 95 (c) The Lessee shall reimburse the City for the City's cast of constructing the improvements. The reimbursement shall be made in ten (10) equal annual payments, plus interest at eight percent (8%}per year an the unpaid balance. The Lessee may pay-the entire remainipg balance to the City earlier than due. (d) After completing the improv e notice of the City's total cost of oni which the Lessee's reimbursem nt F earlier than 60 days after the date f reimbursement payment for each s later than the anniversary of dpte on (e) Failure by the Lessee to through (d) of this pravisio City. ALTERNATIVE TLVO -The City (a) The Lessee constructed the (FJ, (ll) (b) The City's total (c) As part of the ns~d}, for the City's cost o' ^ot~ made in ten (10) equa ~ year on the unpaid balan the City earlier than due. (d) The Lease sh than the first m' this lease. The shall be made to t first payment was (e} Failure by the Lessed\ (d} of this provision shall the City will give the Lessee written Ming the improvements and the dace on tents shall begin, which date shall be no ty's natice. The Lessee's annual fain year shall be made to the City by no payment was due. grounds that pride to as required under (b} inatian of this lease by the the lease is sigrxed. execution of this lease, the City in connection with the Premises; was of this eas ' to .essee shall reimburse the City a the i r ements. The reimbursement shall be ments, us 'merest at eight percent ($%) per e essee ma y the entire remaining balance to the " st e bu ment payment to the City by no later f the 1 see ginning date given in Article Ill of al rei u ement payment for each succeeding year ,y later an ,ate anniversary of date on which the LEASE OF AIRPORT LANDS Page 2& of 30 (actachmeni ro ... . 96 irse the City as required under (c) and termination of this Lease by the City. city: Lessee: IN WITNESS WHEREOF, the parties hereto have hereunto set their hands, the day and year stated in the individual acknowledgments below. (If Lessee is a Corparation) AT'T'EST: Marne Title STATE OF ALASKA } `~ THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that being personally known to me appeared before me and ackno instrument on behalf of said a V 200, Name: evidence of idenfi,fiea[ion, prized execution of the foregoing for Alaska on Expires: LEASE OF AII2PORT LAN-S Page 29 of 30 {attachment to ... . Lessee 97 STATE OF ALASKA ) ss THIRD JUDICIAL DISTRICT 1 THIS IS TO CERTIFY that nn this _ Manager of the City of Kenai, Alaska, be satisfactory evidence of identification, ap authorized execution of the foregoing ins Approved as to lease form by City Approved by Finance Director: Lease approved by Council. on Carol Freas, City Clerk LEASE OF AIRPORT LAlv'DS Page 30 of 30 (attachment to ... . day a , 200_, Rick R. Koch, City rson ly o n to me or having produced e efore men eknowledged the voluntary and Went n behalf o sa City. My 98 Expires: Suggested. by: Adnunistratian City of Kenai SUSSTFTUTE RESOLUTION N4. 2007 -O6 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA APPROVING THE LEASE FORM FOR LEASES OF AIRPORT RESERVE PROPERTY WHEREAS, the Kenai Municipal Airport is the owner and lessor of a significant amount of property within the City of Kenai; and WHEREAS, the City of Kenai has undergone as supplemental planning assessment in order to update airport operations including: plamzing, fmances, accounting, management, and leasing; and WHEREAS, as part of the supplement planning process the Airport Reserve was created; and WHEREAS, the procedures for the leasing of airport reserve lands is contained in KMC 21.10; and WHEREAS, KMC 21.10.150(aj(3) states the airport reserve lease form should be approved by the city council by resolution. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the airport reserve lease form as shown on Attachment A is hereby approved by the City Council. PASSED 13Y THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 4th day of April, 2007. Pat Porter, Mayor ATTEST: Carol L. Freas, City Clerk 99 r ts~~ -- Eheclyof// KENA~ iiA rrCrGll~~e WGt~ ~ ~gst, GG~ WEtf? ~ Fl~~G~Y~ rr 210 Fidaigo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-75351 Fax: (907) 283-3014 vaww.ci.kenai.ak.us MEN®R1~.~~UM TO: Mayor Porter and the Kenai City Council FROM:(~:~ Cary R. Graves, City Attorney DATE: Mazch 15, 2007 RE: KEDS Airport Lease Comments On March 5, 2007, Rick Koch, Larxy Semmens, Rebecca Chronkite and I met with Rick Baldwin and Jason Carroll regazding comments the KEDS group had on the proposed airport leases (bath in the reserve and outside of it). Their comments were very helpful and we appreciate the time they took to review and comment on the lease forms. Some of the suggestions have been adopted and are contained in the substitution resolutions. The changes are indicated by the legislative format. Some of the comments did not result in changes. ~Te wanted to provide the Council with a summary of the KEDS comments so you could. be familiar with them. 1. Comments and Changes to the Non-Airport Reserve Land Lease Form (Resolution No. 2007-OS). A. The word "natural" was added before material in Paragraph D.5 in the third line to reflect the intent is to restrict removal of such things as sand and gravel, etc. B. The second paragraph in Paragraph D. 18 was deleted. That paragraph required lessees to remove buildings on the property at the end of the lease period that the city did not want. The comment was that the clause created a "negative salvage value" in the buildings (i.e. an additional business cost in removing the buildings). They thought that additional cost-would be a disincentive for business owners to invest in leased property. C. Part of the first sentence of Paragraph D. 31(a) was deleted. That sentence iimited the lessee from mortgaging the leased premises to situations where the financing money would be used on the property itself. The KEDS representative thought th~# unfairly limited a business owner from using the capital from. his investment and discouraged investment in city property. Under the old language an owner of a building on city leased land could not mortgage the premises to use the capital. 100 for a different use. Under that provision a lessee couldn't mortgage the bailding and leasehold interest to acquire capital to start a different business or to pay for catastrophic medical expenses. 2. Comments and Changes to the Airport Reserve Land Lease Form (Resolution No. 2007- 06). .9. The KEDS representatives had a concern that Article II (a)(2) would limit seasonal businesses at the airport because i.t required businesses to operate "uninterrupted by any period of closure aver 1 S consecutive days or 30 aggregate days within any 12-month. period;' The administration thought the phrase in the first sentence qualifying that requirement by stating, "Unless the City approves otherwise in writing" adequately provided for situations where the city could consent in writing for seasonal operation of a business. B. The phrase "or order of public authority" was added to the last sentence of Article II (a)(2) at the request oP the KEDS representatives. That part of the paragraph deals with excused periods from. the continuous operation'requirement. C. Article II(c)(3) prohibits "outside storage on the Premises of junk, salvage atrcraft or vehicle parts..." The KEDS representatives thought the limitation of storage of "salvage aircraft" within the airport reserve might limit business opportunities at the airport. That phrase was not removed because of the administration's concern over the storage of savage parts at the airport. It was fell an aircraft salvage operation might be a better fit outside of the airport reserve. D. In Article II (c)(5) the word "natural" was added before material as a limitation on what could be removed from the leased premises. The change was recommended by the I%EDs representatives. S. A concern was expressed about the penalty provision in Article IV (f}. That section imposes a late payment penalty of 10%. The penalty provision was left in because it is required in the City Code. F. The phrase "or in the case of a lease renewal or extension the beginning date of the original lease" was added to Article V(a)(1) to make it clear that a lessee who renews or extends a lease does no± have to pay the city for the improvement helsha has made on the property. The change was requested by the E:ED5 representatives. G. The phrase "for the purpose of interim or permanent financing or refinancing of the Lessee's improvements on the Premises and for no other purpose" was removed per the request of the KEDS representatives. That phrase would limit mortgaging of the leased premises to situations where the money would be used on the premises. A similar requirement was removed from the non-airport reserve lease form also. The requirement was thought to impose a Iimitatian on use of capital that could discourage business development at the airport. K. Language was added to olarify the indemnification language of Article X(a) (I). The added language provides that the indemnification requirement must be "resulting from or arising out of any acts of commission or omission by the Lessee, his/her agents: employees, customers, invitees arising out of the Lessee's 101 occupation or use of the premises demised or privileges granted, and to pay all costs connected therewith. I. The KEDS representafives had some concerns over the $1,000,000.00 commercial automobile coverage requirement in Article X(b)(2). The administration felt that requirement was reasonable and did. not change it, 7. The KEDS representatives had concerns over the ability of the city to increase the insurance requirements of lessees at intervals offive yeazs in Article X(b)(6}. They felt it might discourage investment because is might be used unreasonably. The adminisnration felt the limiting language in the section that pegged any increase to "the risks relative to the Lessee's operations, any insurance guidelines adopted by the City and any change in applicable lain' adequately protected lessee from arbitrary increases in the insurance requirements. K. Paragraph XII(c){2) was removed. It is the same ``negative salvage issue" that ocezured in the non-airport reserve leases regarding the requirement of lessees to remove any buildings not wanted by the city at the end of the lease term. L. In Article XIV(b)(1) the term "appraised value" was substituted for "aggregate cost" in determnsing the value of improvements on the property. The KEDS representatives Thought allowances should be made for a lessee making his own improvements rather than contracting it out. In that situation the "appraised value" of the improvement would be higher that the "aggregate cost." The administration agreed that the better measurement was "appraised value," M. In Article XIV {b) the exclusion of financing costs was removed at the request of die KEDS representatives because that is a real cost of construction. It also was not needed once the term "aggregate cost" was changed to "appraised value." N. Article XIV {e} was deleted and replaced with amended language taken from Paragraph D. 18 of the non-airport reserve lease farm. The change was made because of the KEDS representatives concern that the "negative salvage value" of requiring lessees to remove building from the property at the end of the tease term would deter investment on airport property. O. There was also concern regazding the lease extension provision in KivIC 21.10.090{d)(2). That section allows a lessee to apply for a lease extension of one year per $25,000 of additional investment. There was a concern that, for example, a $100,000 investment could not be amortized over the allowed. four- year extension. However, the investment could also be amortized. over the remaining lease term in addition to the four year investment so that concern may be somewhat mitigated. P. The KEDS representatives also wondered if it would be possible to allow a lessee to negotiate the right of renewal at the expiration of the lease. The current airport land rules do not grant lessees a right of renewal. Instead they may apply fox a Lease renewal, but there is no guarantee it will he granted. The suggested change could be done with a code change similar to Ordinance 2219-2007. That ordinance was proposed by Councilor Ross and is up for a public hearing on April 4, 2007. It would allow a lessee to negotiate the right to purchase non-airport reserve propert}= at fair market value after completion of the required development. 102 These oomments are taken from my notes of the March 5~' meeting. It is certainly possible fnat some comments or concerns did not get recorded in my notes. We encouraged Rick Baldwin and Jason Carroll to attend the April 4~' meeting to speak to the councit about their concems. Please let me know if you have any comments, suggestions or questions. 103 IiENAI MUNICIPAL AIRPORT LEASE OF AIRPORT RESERVE LANI}S THIS LEASE AGREEMENT entered in o thi day of , 200_, by and between the CITY OE KENAI, ("City") 21 Fidal Avenue, Kenai, Alaska 99611-7794, and individually, whose addr s is ("Lessee"}, For the purposes of this Lease the followin term are define 1.. Airport -the Kenai Municipal Aizpot ; in Judi e atl the lanes, water taxiways, and ail City-owned ,real st e o ted w, Reserve as defined in 'K'MC 21.05.010-020. 2. Airport Manager -the official t hom the 'ty az authority and responsibility of managi an directing e Manager" includes that person's authori ~ re •esentativ . 3. City -the City of Kenai, Alaska, a h ~ul uniei 4. City Manager -the official responsibility of managing and dir S. Contamination - Che 6. Environmental Law -any ardrnance, code, permit, order, de environmental matters, including 7. EAA -the 8. Hazardous Substance - ny~ hazardous waste, Hazardous Sub to petroleum, petroleum product, or o 9. KMC -the abbreviation for 10. Permanent Improvement - a fixed LEASE Ofi. Page 1 of 31 the that of of any taxiways, aprons, water oundaries of the Airpart of the City has delegated the es of the Airpart. "Airport of Alaska. has delegated the Hazardaus Substance. statute, law, regulation, ental entity relating to under an Environmental Law as toxic, pollutant, contaminant, Code. to land that is not temporary or cite: Lessee: 104 portable, including a building, building addition, gravel fill, paving, retaining wall, storage tank, and well. a. PREMISES: In consideration of Lessee the covenants of this Lease, the City leases tot e the fol.1owing described property ("Premises") i District, State of Alaska and located on Ehe Airpo b. NO WARRANTY: Except as may pls warranties, expressed or implied, concemi the soils, wetlands, access, and suitability or ptofitat this Lease, its environmental. condition, or th pr on, and under the surface. The Lessee takes th warranty, subject to any and all of the covenants. to the Premises. a. AUTHORIZED USES 1. USE OF PREN following purposes only: CONTINUOUS Che Lessee will operate its business`gn I period of closure over 15 consecutive j the term of this 'lease. The. Lessee will business on the Premises for more than the closure and the date on w icli apply to any period during w ich or directive of the City, or as res on the Premises due to fire or to b. RIGHTS RESERVED TO 1. RIGHT TO GRANT City any rights and privileges not specifically and privileges granted to the Lessee in this Page 2 of 31 LANDS ant of the rents and performance of all s "e, and the Lessee ]eases from the City, {e ai Recording District, Third Judicial s it. :d in is ase, the City makes no specific lition o th remises including, survey, for any u ~ i lading those authorized by or absen o azardous Substances in; ss on an "a 's' asis and without 1s~ia ,, conditio affecting the City's title to use thePremises for the ss ~ ~k" approves otherwise in writing, on c ntinuous basis, uninterrupted by any n-eg• e ys within any 12-month period of writte lice before closing the Lessee's e days. The notice must state the reason'For -op for business. Tbis provision does not to erate its business as a result of an act ~i ort or loss of the Lessee's buildings The City reserves the right to grant to others he Lessee on an exclusive basis. The rights the only rights and privileges granted to the Lessee: 105 Lessee by this Lease, 2. EASEMENTS: The City reserves the right Co malty grants to third parties or reserve to the City easements or rights of way thr ugh, on, or above the Premises. The City will not grantor reserve any easement or right of wa th t unreasonably interferes with the Lessee's authorized uses of the Premises. 3. INGRESS, EGRESS AND II~'SP to and egress from the Premises and the right to buildings, for the purpose of inspection or envir of an emergency, all inspections and environ e to minimize interference with the Lessee's ~ the 4. RIGHT OF FLIGHT: Ther is P assigns, for the use anal benefit of the public, ; airspace above the surface of the Premises. T cause in the airspace any noise inherent in the c flight through the airspace or landing at, talring c. PROHIBITED USES Unless specifically authorized by this prohibited: 1, Any use of 2. Any use of Airport regulation. 3• The outside std parts, non-operational support solid waste or delaxis. 4. The by the Lessee inch waste. 5. The strippir Fremises without the prior 6. Erecting structr constitute an obstruction Co air Page 3 of 31 LANDS The City reserves the right of ingress cart of the Premises, including sting at any time. Exoept in the case 11 be coordinated with the Lessee ~pf e Premises. e o t City, its successors and r for e sage of aircraft in the t of fli t pill include the right to ny aircra sed for navigation or operation on the Av~port. this Lease, the following are in this Lease. ~s in vi~lat~in of a City Ordinance or an salvage aircraft or vehicle ed equipment or material. or t of waste materraIs generated overburden, and construction nog any natura- material from the of the City. growth of natural objects that would Mowing any activity on the Premises that ary: Le9see: 106 would interfere with or be a hazard to the flight of aircraft, or interfere with air navigation or communication facilities, serving the Airport. 7. Any use or activity that is TERM & a. TERM: The term of this Lease is for to the _day of , 200_. b. HOLDOVER: If the Lessee holds o et the expiration, eanoellatian or termination tf extension of the term of this Lease, but onl cr rent payments accepted by the City. The Le e will continue during the month-to-month tens Lessee's holdover with ten (10) days' advance a. RENT: The rent for the Premises City pursuant KMC 21.10.100 arid as sul applicable sales tax. The rent shall be pa; the tetzn of this Lease. All. paymen eq annual rent exceeds $2,460, the Le see rent in equal monthly installments payal term of this Lease and thereafter t mo from. annual. to monthly shall. resin. n t a had the conversion not taken place. b. RENT PRORATED: Rental fox basis of the rent payable undel/Ti1s~Leas c. ADDITIONAL agrees to pay to the apF (1) Taxes perttining to (?} Sales tax now enforced monthly installments whether the Less basis. a AND by applicable law or regulation. the._ _ day of , 200_ i in ossession of the Premises after the of 'ng aver will not operate as an tnth-t m th tenancy, regardless of any ions for e rmance under this Lease ~itv or Le ee av terminate the er year, as established by the Went u de. Article V of this Lease, plus in adva of the first day of each year of ,e e must e made in U.S. dollars. If the ten n tics to the City, ohoose to pay the on r b 'ore the anniversary date of the No ' v rsion of the payment schedule re I {~s ret7t than it would have received tarNbne (1) year shall be prorated on the previous to the prorating. to the re`ryt s e Pied in (a) of this Article, Lessee ;vies, se m~rtts, and charges as follows: LEASE OF AIRPORT Page 4 of 31 107 the Lessee. future, computed upon rent payable in ler this Lease on a monthly or annual city: Lessee: (3) All taxes and assessments levied in the future by the City, as if Lessee was the legal owner of record of the Premises. d. PAYMENTS: The Lessee shall make ch c ,bank drafts, or postal money orders payable to Che City of Kenai and deliver payme s to ity of Kenai, Finance Department, 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 or ny oth r add}•ess the City may designate in writing to the Lessee. e. INTEREST: Beginning the day after required under this Lease will accrue interest Interest an disputed amounts will not be cha~ Lessee's favor. f. LATE PAYMENT PENALTY: In a~~ this Article, each time the Lessee fails to pay ; the City will charge, and the Lessee shall pay, of the amount due and unpaid. _ g. COURTESY BILLINGS: Les e a City is provided only as a courtesy. The ess regardless of whether or not the Lessee re iv h. LIEN AGAINST LESSEE: Any rent, and unpaid at the expiration, termi • 'on, or c Lessee's property, real or personal i. PAYMENT OF CITY'S OST$":~7 costs, and attorney fees City may i ur, w~l protecC this Lease or City's rights un t s to environmental compliance, bankrupt v o the Premises, or improvements or person• paymenC within 30 days of th da of each provision. j. PAYMENT FOR C fee for any special not otherwise oblig the City in writing. y e, all unpaid rents, charges, and fees the rate e ht percent (8.0%) per annum. hto the Le ee 'f the dispute is resolved in the sere p able under Provision (e} of by the at required in this Lease, ive pen of ten percent (10.0"10) any billing staeement issued by the :p pay all rents and fees when due, nt from. the City, or othconsideradon which is due tf this Lease will be a lien aga;nst the ~iil 11 reasonable actual expenses, fo al `action, to enforce, defend, or r 'ne any expense incurned with respect di at 9nvolves the Lessee, the Lease, the 'emises. The Lessee will make pity ofany amounts payable under this essee agrees to pay the Citya reasonable s t y agrees to perform, which the City is Uo pr ~ e and which the Leasee requests from Page ~ of 31 108 Lessee: ARTICLE V AI}JUSTMEIiTT OF RENT A1VI) FEES a. RENT OR FEE ADJUSTMENT: Beginn' g approximately five (5) years, the City shall, in it s by the Lessee under Article IV or other provisio of increases or decreases any rent or fee shall be e tabu and 21.10.1fi0. Any rent change by the City s al! be The Premises in its condition on plus 2. Any improvements made b die not reimbursed by the Lessee. No rent or fee change shall be effa written notice to the Lessee. If the Lessee tnarlceC rent far the Premises, th ssee n IiMC 21.10..160. b. CITY-COlv'STRUCTED IMPRC or in connection with, the Premises shat': of establishing the rent under (a} of this . reimburses the City for the City's c~str a. IIv'VALID WITHOUT a security interest in, by a ant or imp or any improvement on the Fremises assignment, sublease, or sec ty t e bearing Che original, notarize signet documents for the City's con eptu document may not be construe as I interest. All provisions in this se Lessee. b. NO WAIVER OF CONSENT: security interest will not waive the refit other assignment, sublease, or security in 2007 and, thereafter, at intervals of discretion, adjust the rent or a Pee payable s lease. The amount to which the City >h `d in accordance with. KMC 21.10..100 sed on the fair market value of: date stated in Article III or 3n date, the cost of which is 30 days er the date of the City's iat any changed rent exceeds the fair Che rent change to the City under e ents constructed by the City on, f the Premises for the purpose a ~ ondidon of this lease, to MC 21.10.110. TICL VI T&S I SE ThE io , the'whole h ut the wr' ten m t ritt of all a 'e Z w. H e r, tt 's cons nt ?•Snd and b' d LEASE OF AIRPORT Page 6 of 31 Le ec may not assign, sublet, or grant • n `part of this Lease, Che Premises, ;a 'ent of the City. Any proposed and must be submitted to the City essee may submit unsigned draft City's conceptual approval of a draft ny assignment, sublease, or security pe assignees and sublessees of the ;ent to one assignment, sublease, or :Lessee w obtain the City's consent to any vuy: Lessee. 109 c. ASSIGNEE /LESSEE OBLIGATIONS: An assignmenC must include a provision stating that the assignee accepts resporsibi.lity for all of the assignor's (Lessee's) obligations under this Lease, including environmental liability and resp sibility. However, unless the City specifically releases the Lessee in writing, the Ci y ay hold the Lessee responsible for performing any obligation under this lease whit an a signee fails to per~fonn. d. OCCUPANCY BEFORE CITY the Premises before the City consents to the assignee or sublessee may not occupy r sublease in writing. e. CONFLICT OF PROVISIONS: In assignment or a sublease, the terms of this f. LESSEE NOT RELIEVED OF does not relieve or otherwise alter the I between this Lease and an The~it}~s consent to any sublease g. SECURITY ASSIGNMENTS AND 1. Subject to the requireme of (a} of security interest in this Lease [ R PL FINANCLNG OR REFINANCL O HI PREMISES, AND FOR NO OTH faxm of a mortgage, deed of trust, ;Ie VI, the Lessee may assign a OF INTERIM OR PERMANENT IMPROVEMENTS ON THE he eeurity interest maybe in the ~tp apriate instrument, provided A. the security B. the security the Premises; and C. the documents 2. If the assignment of a sec held by an established en g or insurance company a d quali' ' d institution acquires t Les e's other remedy of the sec re through settlement of or 'si c the lending institution may an owned subsidiary corporation i transferee assumes all of the co Lessee (including payment of an, LEASE OF AIRPORT Page 7 of 31 leasehold 'interest; to ox~cr~te any interest in Citv's title to are acceptable to the City. whi~lr t the City has consented shall be lion, including a bank, an established fit ,baring trust, and the lending ~a e as a result of a foreclosure action or y transfer i.n lieu of Foreclosure, or or contemplated foreclosure action, i his Lease to a nominee or a wholly ien consent of the City, provided, the litions required to be performed by the by Lessee to the City under the lease). In Lessee: 110 the event. of such a transfer, the lending institution shall be relieved of any further liability under this Lessee. 3. A holder of a security interest in ttase consented to by the City shall have, and be su'brogated to, any and all rights o t Lessee with respect to the curing of any default of this Lease by Lessee. 4. If, before any default has occurr dint 'Lease, Che holder of. a security interest in this Lease consented to by the City gives he Cit a written notice of the holder's post office address, the City shall thereafter A. by regular U.S. mail, send~to~ie holder coot each notice of default at the same time as the City gives notice o' defa It to the. se • and B. not accept any surrender o enter in any mod ice 'on of this Lease without the prior wi°itten consent of the holder, vht h alder sh 1 n t unreasonably delay or withhold.. 5. The City will enter into w lease o .the remises with the holder of a security interest consented to by fhe Cit if t City to n 'es this Lease prior to its normal expiration due to a default by the ess .The ne le e shall be for the remainder of the tetzn of this Lease and shall be effe ti a of the to i •tion of this Lease. The City's grant of the newlease shall be subje he ollawin co itions: A. The new Lease Lease; B. The new lease shall be tkr the C. By no later than th tw n ieth Lease, Che security holder must b it a together with payment of all rent, ditic under this Lease. ~~ is terminated; rent, and covenants as this wing the termination of this to the City for the new lease, er sums Then. due to the City D. The s urity of shall y t(ity, at the time of the execution and delivery of such new le e y n ~ 11 sum d . thereunder in addition to those which would at the time of the e ec io an delive.v t ereof be due under this Lease but for such termination, and in ad do th re , any r °onabie expenses, including legal and attorneys' fees, to which the 'ty ha h ve been subjected by reason of such default. LEASE OF AIRPORT LANDS Page 8 of 31 pity: Lessee: 111 E. The security holder shalt, on or before Che execution of the new ].ease, perform all the other obligations of the Lessee under this Lease to the extent the Lessee failed to perform them prior to the termination of this Lease. 6. A holder of a security interest c this Lease or enters into a new lease wi obligations and liabilities of this Lease leasehold estate to an assignee who is 1 undertake to perform and observe the c City consents to the assignment. The the security holder asserts that the Cit/g proposed assignment, the dispute sh 1 MAINTENANCE, a, MAINTENANCE 1. At no cost to the City, the Premises clean, neat and p 2. At no cost to the City, the Le the Premises as may be necessary to and the Lessee's use of the Premise<. 3. The Lessee shall c mply 'hall promulgated far the pram lion sa ta1 the Premises in a clean an an ar co c prevent the pollution of water 4. The Lessee agrees to Airport Manager Airport by the Le b. UTILITIES Unless specifically provided provide for all utilities at the LEASE OF . Page9of31 4e ed to by the City that takes possession of the 'ty shall not be released from the then lease unless the holder assigns its ncial capable and otherwise qualified to ditions f this Lease or the new lease and the ~ sa twill not be unreasonably withheld. If unr as a withholding its consent to a AL & will ep`t~he Premises and. all. improvements on as yeas abs y determined by the City. maintenance and services at rmnliance with this Lease finances of the City that are the City, the Lessee shall keep activities on the Premises to and du~eetions of the City's of the Airport, and the ase of the see shall, at no cost to the City, the Lessee's use of the Premises. Lessee: 112 c. SNOW REMOVAL 1. At no cost to Che City, the Lessee is responsible for snow removal an the Premises. The Lessee shall dispose of sn in an off-Premises location. approved in writing by the City or provide suitable sn forage within the boundaries of the Premises in accordance with all applicab e fe ra1 and state laws. At the request of the Airport Manager, the Lessee shall subm't a sno 'removal plan for the Premises to the Manager for review. Upon approval of the Le ee's plan by the Anport Manager, the Lessee shall conduct all snow removal o ration • on the Premises in accordance with the approved plan. 2. Lessee shall not deposit sn maneuvering surface provided for approval. of the Airport Manager. 3. Lessee agrees to not allow an cause interference with adjoining lea. a. OPERATIONS ON THE AIRPORq employees, guests, contractors, sublessees, authorized under this Lease shall do so in a protection of public health and the ~nyironr the Premises. b. LESSEE'S CONTROL 1. The Lessee will assume City for the activities of the Le else acting by, on behalf of, or the Premises. r~ 2. The Lessee v malfunction or other public health or the e a RADIO'NTERFERENCE: device that interferes with any govt the cause of the interference is eliir TICLE apron, 2xi ay, safety area, or other atrcraft- use by of ers without the prior written ~t'@,n of snow~en~he Premises that would or o_ er users d he Airport. e ~ll sure that the Lessee, its that rf n any activity ar function ensw•e safety of people, the s fety an integrity of the Airport and ont of ands le sponsibility as between Lessee and ne ~ ssee's pe s nel and employees, and anyone the au rity o he Lessee on the Airport, including LEASE OF AIRPORT LA?~DS Page 10 of 31 113 of any condition, problem, rfety of people or the Airport, harm to eerity of the Premises. discontinue the use of any machine or transmitter, receiver, or navigation aid until Lessee: d. WIJ I}LIF~"E: The Lessee acknowledges that a concentration of birds or other wildlife on an airport constitutes asignificant hazard to aircraft operations. The Lessee ab ees to keep Che Premises clean of fish slime, fish waste, or any ocher material. that might attract birds or other wildlife. The.Lessee accepts full responsibility t aintain the Premises, conll~al operations, and take all. reasonable measures to prevent a concen ra 'on of birds or other wildlife on the Premises. e. PARKLNG: The Lessee will provide a. space on the Premises for Lessee's business or on the Airport as may be approved or designate a. HAZARDOUS SUBSTANCE 1. The Lessee will conduct it busine compliance with all environmental laws an ~ on the Premises, the Lessee agr to have pr procedures for safely storing, d' en • ng, and in accordance with all applicable eder state 2. Lessee will promptly give relating to the presence of a Haza. operations on Che Airport. T~Le proceedings. ~ \ b. ENVIRONMENTAL INL~EMIy,1~IC~TION aide, equipment, and aircraft parking or confine parking to such other places ig by the Airport Manager. EX : peration ds~Yte Premises in "s. If hazardous substances are handled t trained personnel and adequate s ise handling Hazat~dous Substances 10 .q Laws. of p ce dingy to abate or settle matters on the emrses or from Lessee's ;#a~e City o participate in any such If Contamination of the Premises or o ei~ope y by a az rdous Substance occurs from the Lessee's operations on the Premises the e see ill indem i '~, defend, and hold harmless from any and all claims, judgments, damages, naltias, es, co 's, IiabiIities, or losses, including, but not limited to, sums paid i se ement o cl s, a rney's fees, consultant fees, and expert fees, which arise during or of er the t m of th' L as .exult of such Contamination. This indemnification of the City b Les e in -ludes, ut n I mited to, casts incurred in connection with any investigation of site c nd io a ny cI nu , remediation, removal, or restorative work required by any federal, sta °, io a1 Quern nt 1 agency because of a Hazardous Substance being present in the soil r ~, ou d ter or er the 'Premises or other properties a affected by the Contamination. LEASE OF AIRPOF2T LAN17S Ci4y: Page 11 o#'3I - Lessee: 114 c. REMEDIATION 1, In the event of a Hazardous Subst ce spill on the Premises, the Lessee will immediately notify the City and the Alas a epartment of Environmental Conversation and act, promptly, at its sole expense, to •ont ' the spill, repair, any damage, absorb and clean up the spill area, and restore the P emises o a condition satisfactory to the City and otherwise comply with the applicable p rtions f any environmental. law. 2. In addition to any notices required notify and copy the City in writing of~ny A. any permit, enforce ent, c regulatory action instituted, omp Environmental Law. B, any claim made or threw ne from. the Lessee's operations auth ; contribution, compensation, loss or from. any Hazardous Sus nces in, C. any report made y, on b agency ari ing out of or i corm eti removed from the Premises, in~lu asserted violations. e. 3. Remediation and res anon of state and federal regulation an ust authorities. ENVIRONMENTAL A The Lessee will provide the City with aII information gathered or analyzed as part characterization or audat on th P ises performed after the starting d to of th' I information to the City withi 60 d s Lessee. LEASE OP AIRPORT Page 12 of 3I Che Lessee will immediately up, lie~e~roval or other governmental or or threw ne pursuant to an Sy y personl~st the Lessee or arising .d by his Lease, ~ laflng to damage, ury salting, from, or claimed to result or ''rider the Airport; or ,I f, e Lessee to any environmental wit an ~ Hazardous Substances in, on, or any c m aints, notices, warnings, or must meet all applicable of aII governing regulatory besti tive date test results, reports ,and any other or in re 'ion to ny Environmental Assessment, e or hat Lessee performs or causes to be sP. Th see ~il] submit the data, result, report or win th da `which it becomes available to the G~ty; Lessee: 115 RELEASE OP LESSEE The City releases Che Lessee from liability to the Hazardous Substances that existed prior to the cc materially contributed to by the Lessee. ~ g. SURVIVAL OF OBLIGATIONS The obligations and duties of the City and Lessee cancellation, termination or expiration of thiyd~eas for Contamination and the presence of ncement date of this lease unless caused or IX of this lease shall survive the a. INDEMNIFICATION ~ r 1. The Lessee will indcmri save harm ss, and defend the City, its officers, agents, and employees from an aga' st any an al iabiIities, losses, suits, administrative actions, claims, a ~ rds, ' dgrnents, fi s, demands, damages, injunctive relief or genalties of any natw~e or 'n to e full e en of the loss or obligation for property damage, personal injury, de th, io lion of ~ y gulation or grant agreement, or any other injury or harm resuitin o r isin o t. f an acts or commission of or vmission by the Lessee. a ents. Gusto ers invitees or arising out of the Lessee's vccu atio or a of the r ices mised or rivileges granted, and to a all casts eonnecte therew 'h. Tht, indem ifi • lion of the City by the Lessee shall include sums paid in ettle . nt f claim ,are fees, consultant fees, expert fees, or other costs and expenses, it tl of 'ndirect sing from, connected to or on account of this Lease as it rel s he ssee, t L ssee's activities at or relating to the Airpot•C, or any act or omission ~ t e Le ee, orb a y of its officers, employees, agents, contractors or sublessees. These i emnity ligatio s are in addition to, and not limtted by, the Lessee's oblig io o prnvi in anc ,and shall survive the expiration or earlier termination of his Lea 2. The Lessee she gi t y pro. t tice of any suit, claim, action or other matter affecting the City is P graph , a ove, may apply, together with. a copy of any letter by an attorney on eh If a ompla t, any complaint filed in cottrt, and any notice or complaint by any re la ~ r ag cy. T e City shall have the right, at its option, to participate cooperatively in t e e f, and settlement negotiations regarding, any such matter, without relieving the es e o ,ny of its obligations under this provision. Page 13 oP 31 LANllS guy: Lessee: 116 3. As to any amount paid to others for personal injury or property damage with respect to which an act or omission. of the City is a legal cause, notwithstanding Paragraph 1 of this section, the Lessee and the City shall reimburse each other according to the principles of comparative fault. If 1'• bility to a third party is subject to apportionment according to comparative a t under this provision, the Lessee and the City shall seek in good faith to achieve n n-ju icial agreement as to apportionment of fault as between themselves, This appo tionm a t of liability between the City and the Lessee shall noC he construed to affect Lease. b. INSI7RANCE: At no expense to the the term of this Lease, insurance of the type specific limits are set, they will be the mini contains higher limits, the City will be enti~l~ Che time insurance is obtained by the Lessee. rated "A-" or better by A.M. Best. The folic following minimum amounts: 1. Commercial damage, products and of any person who is not a party to this .e wiIl obtain and keep in force during re by this provision. Where e i If the Lessee's policy to t e e tent of the higher limits. At shall b a company/corporation ofrnsur ce ~ re required with the contractual, with aper-occurrenc litni 'f naE les Chas limit If this lease authorizes the L s t engager t! dispensing or storage of aviation fue t o 'cy must handling activities. This policy must he ity as 2. Commerci combined single limit per non-owned motor, vehicle 3. Workers Com~r for all employees, coverage as r. ether statutory obligations. The 4. The form of an insurance ~ premiums have'been p Ali insurance required days prior io any term: 5. ff the Lessee`s immediately, upon written notice the Premises. The Lessee will not LEASE OF AIRPORT Page 14 of 31 This Premises, all operations, property al injury and death, broad-foam $1,000,000 combined single sale or the commercial of xclude of the Lessee's fuel is dditianal insured not less than $1,000,000 dust cover all owned, hired, and ice. T Lessee will provide and maintain, AS .045, and, where applicable, any wives brogation against the City. ..' y w proof of insurance coverage in the a m r nee, together with proof that the s a d monetary limits of coverage secured. s r ide that the City benotified at least 30 or erial change in the. insurance coverage. tge ]apses or is canceled,.Lessee will halt all operations on the Airport, including rations until the City receives evidence that 117 City: Lessee: the Lessee has obtained current insurance coverage meeting the requirements of this Lease. 6. The City may, at intervals date of the term of this Lease and apon w requirements required under this Lease. requirements will he based on the risks guidelines adopted by the City, and any c Z If the Lessee subleases all o ~ a p provisions of this Lease, the Lessee lrequ "re coverage required of the Lessee and r t 's Article not less than five years from. the beginning ~n notice to Lessee, revise the insurance to revise the insurance ve o the Lessee's operations, any insurance g sin applicable law. LA of the Premises under the essee to provide to the insurance a. COMPLIANCE WITH LAW: Lessee slaal camp x with all applicable laws, ordinances, and regulations of public authorities no r hereafter 'n y manner affecting the Airport, the Premises or the sidewalks, alleys, stree , an ways adT e to the Premises, or any buildings, structures, fixtures and improvements or he u .Thereof, h er or not any such Iaws, ordinances, and regulations which may be e a r enacts ins lve a change of policy on the part of the governmental body enaciing the ~~ ssee agr s hold City financially harmless: (1) Prom the t~gulations; and (2) Fram all claims for resulting from such violation, b. UNLAWFUL ACTIVITY: The business, or trade to be condu to n the including zo;vng ordinances, les an re a LICENSES AND pay all taxes and special assessn and charges assessed under appl challenging any taxes or special d. LITIGATION: The KIvIC, the State of Alaska will govern in any LEASTi OF AIItPORT Page 15 of 37 laws, ordinances, and/or death, or property damage ~YbiC any unlawful use, occupation, to any law, ordinance, or regulation, all necessary lioenses and permits, ~~on the Premises, anal pay other fees g t t is Lease prevents the Lessee from appropriate authoriey. s promulgated thereunder, and the laws of the Lessee and City. Pf a dispute 118 cuy: Lessee: continues after exhaustion of administration remedies, any lawsuit must be brought in the courts of the State of Alaska, in Kenai., Alaska. e. LESSEE TO PAY TAXES: Lessee shall. a during the term of this Lease may become a Tien p. Borough, City, or any other tax levying body, u on may havve in or to the Premises or improvement on occupancy or the teens of this Lease provided, ow prevent Lessee from contesting any increase in ~ ta: ordinance, or regulation. all lawful taxes and assessments which, i or which may be levied by the State, u taxable possessory right which. Lessee ~ `Premises by reason of its use or ~ 7, thatnothing in this provision shall n• sessment under any applicable law, f. PARTIAL INVALIDITY: If any ter ovision~ Z declared by a court of competent jtuisdietio to h invalid c terms, provisions, conditions, or parts shall Conti _ e in full declaration had not been made. n a. CANCELLATIOIv~: The City Lease and recover possession of the F violationrs cured within the 30 days: 1. The Lessee fails to pay when sums specified in this Lease~cludi~ 2. The Lessee's insufficient funds. 3. The Lessee uses or authorized by this Lease. 4. The Lessee faiJ~ to`f~illy 5. The court 6. A trustee or recei by rn-againstthe Lessee, 7. Failure by the Lessee to improvement construction requ LEASE OP AIRPORT Pape 16 of 31 of 30 of of use of for4 es a or part of this Lease is itutional, Che remaining effect as though The notice to the Lessen, cancel this ing violations occur, unless the al rents, charges, or other under this Lease. this Lease is retuned for for any purpose eat with any provision in this Lease. the Lessee. s assetsin a proceeding brought petition in banla~uptcy. any land development or permanent Lessee: 119 b. ENTRY AND RE-ENTRY: In the event that the Lease should be terminated in accordance with this Article XII, or by summary proceedings or otherwise, or upon the Lessee's abandonment of the Premises or a portion of the Premises, the City or its agents, servants, or representatives may, immediately or any time the. after, re-enter, and resume possession of the Premises or portion thereof, and remove all pers ns nd properCy therefrom, without being liable for any damages therefore. No re-entry by the qty s 11 be deemed an acceptance of a surrender of the Lease. a CONTINUING OBLIGATIONS confrnue to pay City renfi after the expiration, tenrittt~n abide by the lease obligations, including pro ' ing p o0 Lessee relinquishes possession of and comp etc vacates Premises completely vacated if the Lessee as 1. Remediated any responsible; VACATED: The Lessee will cancellation of this lease and to coverage, through the date s. City will consider the the Lessee is [2. REMOVED OR OTHERWISE DI OSE , OF ANYLESSEE-OWNED PERMANENT OR REMOVA IMPRO~ NTS AND PERSONAL PROPERTY WHICH THIS LEASE ALLO S BE RE D OR THE CITY DIRECTS TO BE REMOVED]; and 2. Restored the Premises to a ne t d an phy ' ca ondition acceptable to the City. /~ d. REASONABLE CURE I. In the case of a vi atio , at annot b . rea y cured within 30 days, a notice of cancellation issued by th Ci t th Lessee n r this Article is stayed if, within the 30-day notice period: the Less e ns nd conk. u expeditious action. to cure the violation. The City will determ~ e t a vi lation ca n t be reasonably cured within 30 days and what constitutes expediti us actin . 2. In the case wh re, in ' y's so de ina ' . n, Lessee's violation is considered an imminent threat w he ai art, ublic ea s fety, or the environment, City will direct the Lessee to stn th ac 'vit imme ' at and may reduce the period to cure the violation,or the City ma, o ec he iolati p ~suant to (d) of this Article. e. RIGHT OF CITY TO 1, If; after 30 days following ot~ the ssee fails or refuses do perform any action required by this Lease, the City will ave the`.'ght, but not the obligation, to pet~form any LEAST; OF AIkl'ORT LANllS ~-~LY Page 17 of 31 Lessee: 120 or all such actions required by this Lease aC Che sole expense of the Lessee. The City will not take action if the Lessee begins and continues expeditious action to perform. any action required by this Lease that cannot be reasonably completed within 30 days. The City will, at its sole discretion, determine 'hat constitutes expedit9ous action and if an action cannot be reasonably performed in 3 days. The City will submit to the Lessee an. invoice for the expenses inemaed by the ity t the performance by the City of any required action. The Lessee will pay the amoun of each invoice within 30 days from issuance. 2. If Lessee fails or refuses to perform ac 'on that has been deemed an imminent threat the City will have the right, bu of the ob 'mat n, to perform any or all such actions required to expeditiously cor ec he immin nt reat. Lessee shall reimburse the City far any cost, including legal fe s and dmin9stra 've osts reasonably incurred by Che City in acting to correcC the immin t Chr t violation. £ WAIVER: A waiver by the City of an de~tytt V the Less e o .any provision of this Lease will not operate as a waiver of any subseq n defa t. If the n waives a default, the City is not required Co provide notice to Che Lessee o rest •e or revive any term or condition raider this Lease. The waiver by the Ci y f any pro 'sio in this Lease cannot be enforced or relied upon unless the waiver is in writ ga. signed o b ialf of the City. The Cit}~'s failure Co insist upon the strict. performance by the else of any p vis'on in this Lease is not a waiver or relinquishment for the future, and the prov' i0~ '1.1 contirr i full force. g. AII2PORT CLOSURE: 1. If Che City closes th¢ airp~to airc`r~aft~opera ' ns for sixty (60) days or less, this Lease will remain in full f ree and ffect wt out adios enG 2. If the City closes Ch o to ircraft e ~ tions for more than sixty (60} days, but not permanently and this ea s f - aviatio o irect aviation support uses, the Lessee may, upon written. notic o e C '. ', either 'e mate the Lease or retain the Lease and receive a fifty (SU%) percent nt reduc ' n or c dit for that portion of the closure that exceeds sixty (60)~s~ ~ 3. Lf the City peri{naner~y cY~ses th~Ai3~oTt\t~ aircraft operations and (i) this Lease is fo. aG' ti o direct via' bn support uses, the Lessee may terminate this agreement b} w ten o 'ee to t ~ ity; or (ii) this Lease is for non- vi io u s, the Lessee may request in writing to have the Lease terminated. The City w' I c n ida ,the Lessee's request in ]igh,C of the City's best interest and either Germinate Che asc, o'- deny the Lessee's request in writing. Page IS of 3I cicy: Lessee: 121 h. DISASTERS The Lessee or City may cancel this lease upon 1. the Premises becomes unusable under Chis lease becomes impossible; o. 2. the Airport becomes unusable 1 perfarmance under this lease becomes If the Lessee elects in writing that it will the Airport has become unusable, the Le City shall be under no obligation to cont Causes for tery-nination of the lease under this enemy, and the United States. to notice to the other party if fault of eitherparty and performance of either party and the notice from City to Lessee that he Lease will continue, but God, the public i. NATIONAL EMERGENCY: I~ e federal neither party may hold the other liable ~ r a mahi result of the national emergency. j. SURRENDER ON TERMIN.4TIOIv~ £ I~ssee shall, on the last day of the term of thi thereof) or upon any earlier terrain n of this the possession and use of City wi out . ud or for reasonable wear and tear sine the last ece free .and clear of all lettings and a cupa es r and free and clear of all liens and e u br- c City. a. liSE OF THE AIRPC-,~ facilities without the written a use of areas designated by the automobile parking areas, and b. COSTS AND EXPENSES: Co? limited to recording cows, shall be paid declares a national emergency, n any part of this Lease as a ce as prov~otherwise in this Article ~'Il, e cludine fy extension ar renewal a -, sur nder a d deliver up Che premises inta t a m goo order, condition, and repair, except sa repai re acement, restoration or renewal, sss e re '1 rmitted by the City in writing, other a those created by and for loans to as pr id han, any regular use of Airport lands or ',City is ro 'bited. This prohibition shall not apply to cr ed pub 'c res, such as passenger terminals, LEASE O[' AIRPORT LANDS Page 19 of 31 incident Yo this lease, including but not 122 Lessee: c. CARE OF THE PREMISES: The Lessee shall keep the Premises cleanand in good order at the Lessee's 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 earlier termination of the •tse, Che Lessee will peaceably and quietly quit and surrender the premises to the City. d. CONSTRUCTION APPROVAL AND Premises by the Lessee must be compatible wi authorized under this Lease, as determined by i written approval before placing fill material, bf demolishing any improvements on the Premi modifications, or renovation. of existing stty tr the City detailed drawings of the proposed ev together with specifications or any other in'orr Lessee will submit to City evidence of the L Administration regulation I4 CFR Part 77. TA aARDS: Any building construction on the its su soundings and consistent with the uses Cit . he~ Lessee must obtain the City's n i an land development, or constructing or an "be re eginning any alterations, s on the e es. The Lessee must submit to ~ anent, alt -ati ,modification, or renovation, on the City r as ably requires. Further, the .'s camnliance 'th ederal Aviation e. LEASE SUBORD)1V'ATE TO F agrees that City may modify Chis Lease or to conform to the requirements of an shall noC act to reduce the rights or priv the Lessee financial loss. f. R.IGJ~IT TO EN70YMENT AND P'EA ,~ covenants that the Lessee. upon pa rent an e conditions of this Lease, shall hay the ht to qu enjoy the Premises, except that th follows shall or peaceable possession: E 1. Any inconvenience 2. Any other entries by the provisions of this Lear~'~ g. NO PARTNERSHIP'e Che City shall not be construed the Lessee's activities or busin Lessee is, and shall at all times h. DISCRIMINATION: The religion, national origin, ancestry, age, of employment, or other person or group of Page 30 of 31 on the ;EQUIREMENTS: Lessee ents for Federal. or State grants, However, the modification by this Lease, nor act to cause POSSLiS~ION: City hereby agrees and mr a other'covenants, terms, and and acefully hold, use, occupy, and con~tru as a denial of the right of quiet in or about the Premises; and or authorized under other TED: It is expressly understood that tt venture of Lessee in the conduct of ttionship between the City and the and and tenant, respectively. tscnminate on the grounds of race, color, n t any patron, employee, applicant for in ', y manner prohibited by federal or state LANDS 123 City: Lessee: law. The Lessee recognizes the right of the City to take any action necessary to enforce this provision., including actions required pursuant to any federal. or state law. i AFFIRMATIVE ACTION: If required undertake an affirmative action program to inst partieipaeing in any employment activities offer color, national origin, or sex. No person may h or receiving the services or benefits of any prof further agrees that it will require its suboraaniz effect that they will also undertake affirmative suborganization{s) as required by 14 CFR, Pax( Tenant shall use the premises in coy pursuant to title 49, code of Federal Reguls 21, Nondiscrimination in Federally-Assiste Effectuation of Title VI of the Civil Rights j. LNTEGRATION, MERGER, A conditions, and agreements of the partii agreements regardr.ng the Premises whc this Lease is effective unless in writing k. RIGHT TO ADOFT RULES: City r se reasonable rules and regulations governing th not be liable to Lessee far any dimi ion or de under this Lease, on account of th exe 'se of Furthermore, the Lessee shall not e entitl to leasehold estate created ender thi Leas e; reserved under this provision, unle th ex rc occupancy of the Premises as to cons tut a ter operation of law under the taws oP the ate of . to the states. L LESSEE'S OBLIGA ON T PREY permit any liens including, b t not ' it to, obtainable or available under t t n is 'n improvements on the Premises f ~ I' or been furnished Co Lessee or to the ss e's g work of any character performed or c i d improvements by or at the direction or f have the right to provide a band as Conte ]t amount of any such lien or claimed lien. c LEASE OF A Paee 21 of 31 ~ 1.4 CFR Part 152, subpart E, the Lessee will r t t no person will be excluded from d by ' e Lessee on the grounds of race, creed, . exelu 'ed on these grounds from patticipating in ram or~'activity covered by subpart E. The Lessee on(s) ~ovide assurance to the City to the same ,cn o • ms and require assurances from their 152, sub urt with all the requirements imposed by or )T, Subtitl A, ffice of the Secretary, Part n of the De t ent of Transpot2ation- ) 4~, nd as the e lotion may be amended. > CAT N: This Lease sets out all the terms, tees es Fny previous understandings or or wri en. No modification or amendment of :don be •' ]f f the City and the Lessee, 124 right a pt, amend, and enforce includi e Premises. The City shall t .posse sion, or of Lessee's rights s au ority reserved under this provision. e t e ole pr any portion of the he xi• se of the City's authority F s interferes with Lessee`s use an& t, 'n hale ar in part, of this Lease by nd f e United States made appftcable ZOVE LIEN'S: Lessee will not orers', ormaterialmen's liens against the Premises or a1 urnished to Lessee or claimed to have >n Mors, or sublessees, in connection with been performed on the Premises or Lessee. Provided, however, the Lessee shall FSlaska law and contest the validity or ~ determination of the lien or claim for lien, City: Lessee. the Lessee will. immediately pay any judgment rendered with all proper costs and charges and shall have such lien released or judgment satisfied at Lessee's own. expense. m. CONDEMNATION: In the event the Pre ises or any part thereof shall be condemned and taken for a public or aquasi-public use; then p n payment of any award or co;mpansation arising from the condemnation or taking, the Cit an he Lessee shall make a good faith effort to agree upon 1. the division of the proceeds; 2. the. abatement in rent payable Burin t to or any extension of the term of this Lease; anal 3. other adjustments as the parti s ay agree o as being just and equitable under all the circumstances. If, within thirty (3Q) days after the award had unable to agree upon what division, abateme equitab)e, the dispute shall be determined by a. SUCCESSORS IN INTERF benefit a'f the respective successors limitations on assignment as are pct p. NOTICES: I. Any notices regi personally or mailed by notice A, must be adrift page of this Lease or Provision (p); and B, shall branch post 2. The City or theY4es they will receive notices prior to the effective date c according to the procedure Page 22 of 31 for this ~ CouHe~ City and Lessee ase other a ust ents as are just and Lease all e binding upon and shall inure to the 1s of the ~ t s hereto, subject to such specific citing and must be delivered prepaid envelope, A mailed at the address written. on the first ted in accot~lance with (2) of Chis it is deposited in a U.S. general or t e time, designate a new address at which o r rty with written notice at least 15 days Ana ess change notice must be delivered tf this Provision (p). Lessee: 125 q. RETENTION OF RENTAL: In the event the City terminates this Lease because of any breach by the Lessee, the City shall retain any unused balance of the rental payment last made by the Lessee City as partial or total liquidated damages fbr the breach. r. FIRE PROTECTION: Tlae Lessee wide Il reasonable precautions to prevenC, and take all necessary action to suppress destructive run ntrolled fires and comply with a'll laws, regulations, and rules promulgated and enforce by th ity for fire protection on the Airport. s. PERSONAL U5E OF MATERIALS: Nb~in or in any deposit of stone or gravel valuable for ex Premises ar in the rights granted by this leas The Premises for use elsewhere any timber, valuable for building or commercial pu t. APPROVAL OF OTHER AUTHOR`I not relieve the Lessee of the responsibility to federa}, state, or local law. u. EXECUTION BY THE P Lessee, or a duly authorized repro City. This in coal, oil, gas or any other mineral, r utilization. is included in the ~e all not sell or remove from the ~io .topsoil or aray other material of rs lease by the City does or er it as may be required by no effect unless signed by the authorized representative at"the v. CAPTIONS: The captions of the pry do not necessarily define, limit, describe, or w. RIGHTS OF CONSTRUC 1 available for private use, while at 1 passible. Following the rule that •a construed in favor of the public pro Lease will be strictly construed, and interest will be liberally construed. x. LESSEE this Lease and fn11y understa~ opportunity of advice by sep acknowledges and agrees that against the drafter will not apl this L sage for convenience only and ~ coma f any provision. This evis into ded to make pub'hc property rotecti: a the p blr interest to the greatest extent o 'merest 'n p I roperty are to be stricfly ~vdl rd, all h granted io the Lessee under this protections of the public ~ {ME2QT. T ess acknowledges that the Lessee has read its t s, tha the see as been fully advised or has had the 1 gal unsel, n vo ably executes this Lease. Lessee also ., le f i erpret io un er which a document is consU~ued y. APPROVAL BY LESSOR: _ 's he unreasonably withheld. The Lessor responsibility or liability to comply with Page 23 of 31 126 ii"red of the Lessor by this Lease will not not waive the Lessee's legal federal and state laws and regulations. City: Lessee: SUt2VGY, a. SURVEY: The Lessee is solely respon~ib the physical location of the boundaries of the Pr thereon, including cleari~ag grubbing, back-filling the Premises shall be performed by a Land S ve~ Lessee shall furnish the Crty with a copy of he 1 or on behalf of, the Lessee. b. IMPROVEMENTS. 1. REQUIRED IMPROVF_ complete land development and an [AGGREGATE COST] a ais [EXCLUDING FINANCING C this Lease, the Lessee must submit completed the land development an aggregate cast or investment of not The evidence of cost must completion of the development ax A. Casts consid~ include building eonstrucdon, equipment, soil testing, envirc directly related to the construe including excavation,. eo t: pavement, remediatio of env Materially Contribut To t~ Paae 24 of 31 and [(iii}] ~'u) work B. The cost o Peh [(i} FINAN II [(ii)) (i work LANDS BOND a its sole expense, to contism or establash. ses for to beginning any construction t nv onmental sampling. Any survey of - re .lei din the State of Alaska. The of any ur y performed on the Premises by, 'S: At"no c t to the C; Lessee agrees to uctio of P `tnanent Improvements including later th n ,with value o t 1 st $ [>] . In additi t the as-built drawings required by ~e ity writt e ' dance that the Lessee has nl3gt led imn ve ants on the Premises with an 'ity 'thin sixty (60) days of the by rko er than the agg eg e cost of permanent improvements or, mat is ,materials shipping, permits, 'aline rep and environmental assessment rise and as- ilt surveys; site preparation, g, ading, fill material, gravel, and 1 c n in tion (unless Lessee caused or i$tio l: ~ futility connection costs. excludes the City and not reimbursed by the Lessee, Lessee and reimbursed by the City. Lessee: 127 2. FAILURE TO COMPLETE IMPROVEMENTS: If the Lessee fails to complete the required construction within the time a1lQwed under (b}(7.) of this Art%cle, including any extensions granted, the City will execute against and the Lessee will forfeit, any bond or other guarantee given by the Lessee anc,1~ as applicable, City will A. initiate cancellation of the/ieas~,or B: reduce the Cerm of Che le tse to of the required construction time co that is consistent with the portion or 3. APPEARANCE: When c neat, presentable, and compatible Lease, as determined by the City. 4. CITY APPROVAL REQUIR approval before beginning any land de improvements on the Premises, or befo renovation of existing structures on the detailed drawings of the propos eve Further, the Lessee will subnvt o Ca FAA regulation 14 CFR Part 77. ~. CPI'Y APPROVAL WITHIi$~ alteration, modification, or renovafion A. the Lessee fails ode. onsta-ate~ project; B. the project pla s, sp tc ions, a C. the proposed pre' ct" old sultin regulation., or law; D. the proposed project old in Mere security, maintenance, or operatio of the ar e E. the propose p 'ectisin n, nt~ F. the nrooos d nroie isinco sis ordinances, or the Cit `s C pr ensive 1~ G. the project p ns' o of eke su' vehicle, and equipment p ki ~, f snow FI. the proposed pr 'ec o n cor principles or applicable fsre o bu di n e de b. .DEMOLITION: Prior to Lessee will deliver to City a writ LEASE OP ~ Page 25 of 31 ents on the Premises mast be of the Premises under this s mu t fi t obtain the City's written ~nstmcf n r demolition of any any alter ns, modifications, or be Lessee must submit to the City ration, modification, or renovation. die Lessee's compliance with the Ciry's~pp~val of any construction, resources to complete the ~rovals are incomplete; of an applicable ordinance, is incompatible with the safety, the Airport Master Plan; the terms of the lease, zoning for drainage, aircraft, ;e; or to generally recognized engineering of any structures} on the Premises, k that, at a mina um, lists the City. Lessee: 128 structure(s) Chat are to be demolished and the timeframe for demalition and removal of the debris fiom the AirporC. City will review Lessee's scope for demolition and issue Lessee written approval fox the work to he done. 7. BUILDING SETBACK: No br constructed or placed within twenty (2l without City's prior written approval. structure may be constructed or placed boundary Iine of the Premises which fr 8. AS-BUILT DRAWINGS: construction. or placement of improv mf the City a copy of an as-built drawi g, a dimensions of the 'improvements, 'ving Lessee constructs underground impr ue surface of the land with adequate surfa between such markers will be subject to 9. AIRPORT SECURITY NCI] realignment or alteration of an istr p Premises, the Lessee agrees to re ign by the Airport Manager. Anytime e~ complete improvement construction r Lessee's sole expense place temporary determined by the Airport.. ager. If or boundary of the Premise in c sect Premises, the Lessee shall romptl reI Manager. lfl. DAMAGE TO are damaged ox destroyed, Less and restored to normal function. If the Lessee fails to ti eljs discretion, either redu e the the Lessee's rernaini ,full Lease. E L 1. DAMAGE NEAR extent that more than SO% of years of the expiration of the improvements, restore the Pr LEASE OF AIRPORT L Page 26 of 31 or other permanent structure may be any boundary line of the Premises :i,`n, no building or other permanent __ feet of any a • nding strip, taxiway, or apron. x'~y Oj ays after completion of upon t _ miles, the Lessee will deliver to sable to e icy, showing the location and tances to a Pr ses' boundaries. If the is he Lessee wi appropriately mark the rr e .The typ q ntity, and distance vat .the City. J: an construction by the Lessee requires a xurrty en e on the Premises or boundary of the alter the en in a manner approved in writing r mllSl u or • cneu w auvw use L.csacc w e odi,fic 'o ~, the Lessee shall, at the rs o rnaint ' 'the security of the Airport, as o urs to a security fence on the Premises n wr the ssee's use or occupation of the rr t e fend to e satisfaction of the Airport ~wf NS: If sa 's improvements on the Premises 11 ca` se the i rr vements to be repaired. or rebuilt, bin two years ollowing the damage or desixuetion. d re, ;?fi~e t improvements, the City may, at its sole of th ~L.Bas~co ensurate with the estimated value of s on the Premises, or cancel this If Lee's improvements are damaged to the rusab~e and the damage occurs within five ale, Lessee may remove the damaged ~inate this Lease. City: Lessee: I29 d. PERFORMANCE BOI~rD O tional : Prior to beginning the construction o'f permanent improvements required under (b)(I) of this Article, the Lessee shall submit to the City a performance bond, deposit, or other secuxity in the amount of $ .The form of The bond or other secut7tyy shall be subject to the c~yty's approval. [E. DISPOSITION OF IMPROVEMENTS EXPIlZATION OF THE TERM OF THIS LEA THEREOF) OR ANY EARLIER TERMINATI IMPROVEMENTS, AND BUILDING EQUIP: CITY WITHOUT REQUIREMENT OF ANY H'OFVEVER, IF CITY SHOULb REQUEST HEREOF, LESSEE SHALL PROMPTLY ' THE DOCL1v1ENT TO THE CITY AND .P Y ASSERTED OR IMPOSED ON THE CO VE PROVIDED HOWEVER, THAT LESSEE FROM THE PREMISES AT THE LESSEE'S IMPROVEMENT OR BUILDING WRITIAiG TO THE LESSEE 3 HAAS ~~CDEEDED ITS USEP~'U: 2. IS DAMA RANC TO ,,~~ggjj F 4. IS OF NEGLIGIBLE VALUE.] ~RMTNATION: UPON THE .N1' RENEWAL OR EXTENSION .E TO THE BUILDINGS, OTHER TALL AUTOMATICALLY VEST IN 'VEYANCE, OR BILL OF SALE. 3 CUMENT I1tiT CONFII2MATTON WLEDGE, AND DELIVER A E, TAX, AND FEE LAWFULLY AVID N D BY THE DOCUMENT. AIN T TO, ARID REMOVE ~'ENSE, T BUILDING, OTHER HE CIT S DETERMII\rED IN USE OI~TI~ PREMISES; OR f. NOTICE OF COATSTRUC days prior to commencing any co. The Lessee agrees to assist in the the notice on the Prenuses during LEASE OP A Page 27 of 31 ee agrees to notify the City in writing three valued in excess of $SOU.00 on the Premises. of non-responsibility and maintenance of ~se agrees that in the event the Lessee fails to City: Lessee: 130 notify the City as required by this Provision (t), the Lessee shall indemnify the City against any maferialmen's liens as defined in AS 34.35.050 which arise as a result of construction on the premises. ARTICLE SPECIAL 7.. City Constructed Improvements. ALTERNAT ZV~ ONE - Tlae City cafnr~2its signed: ~ (a) As parC of the exchange City's expense, cause the f~ connection with the Premis (i ) (ii} {b) The City's total cost o the $ withau tt (c) The Lessee shall reimburse improvements. The mburse payments, plus inte est a ighi Lessee may pay th entire r (d) After completin he n1 ro notice of the City's tot 1 c t of ' which the Lessee's reittt rs mei earlier than 60 days after t date reimbursemen ot~ent for ch' later than the (e) Failure by the through. (d) of Chi City. ALTERNATIVE TWO - imtrrovernercts after the lease is lease, the City will, at the to be constructed on or in 's shall: not exceed the v'~ s cost of canstrucfing the made {n ten (10} equal annual ~) er year on Che unpaid balance. The ;~ to he City earlier than due. :ity will give the Lessee written e improvements and the date on all begin, which date shall be no ~notiee. The Lessee's annual year shall be made to the City. by no e first payment was due. the City as required under {b) far termination of this Lease by the be imProvernents before the tease is signed. Pala 28 of 31 Lessee: 131 (a) The Lessee acknowledges that prior to the execution of this lease, the City constructed the i'oIlowing improvements on or in connection with the Premises: (i ) (ii} (b) The City's total cost to cons ct th tmmprovements was $ (c) As part of the consideration of ' i F as the Lessee shall reimburse the City for the City's cost of construe ' g the m ov cuts. The reimbursement shall be made in ten {IO) equal annua pa menu, pl i erect at eight percent {8%) per year on the unpaid balance. he ssee may ay e entire remaining balance to the City earlier than due. (d) The Lessee shall make the st3~ than the first anniversary of the le se this Lease. The Lessee's annual rei, year shall. be made to th ty by no the first payment was d (e) Failure by the Lessee to i t ~ (d) o; this pravisiar, shall. be od IN WITNESS WHE year stated in the individual ~\ lent p nt to the City by no later mni.ng to given in Article III of rt payment for each succeeding the anniversary of date on which as required under (c) and oi~ this Lease by the City. ve hereunto set their hands, the day and Koch ~. L EASE OF AIIt°ORT LANDS Page 29 of 31 Lessee: 132 (If Lessee is a Corporation} ATTEST: Name Title STATE OF ALASKA ) } ss. TI3]I2D3U~DICIALDISTRICT } THIS IS TO CERTIFY that on this Title: being personally lrnown to me or Navin p~ appeared before me and acknowledged, instrument on behalf of said corporatio STATE OF ALASKA THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY Manager of the City of Ker satisfactory evidence of ide authorized execution of the Name: evidence of identification, prized execution of the foregoing _, 200_, Rick R. Koch, City wn to me or having produced. and acknowledged the voluntary and. of said City. lic for Alaska ssion Expires; LEASE 6P A Page 30 of 31 t;~,ty Lessee: 133 Approved as to lease form by City Attorney: Approved by Finance Director: Lease approved by Council on Carol Freas, City Clerk Pt~ge 51 of 3I 134 Suggested by: Admuiistration CITY QF KENAE RESOLLTTIOTI Y~IO. 2007-13 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, TRANSFERRING $120,000 IN THE WELL HOUSE 4 CAPITAL PROJECT FUND FOR ENGINEERING. WHEREAS, funds budgeted for engineering n1 the Well House 4 Capital Project Fund have been spent; and, WHEREAS, the Well House 4 Capital Project has additional engineering needs; and, WHEREAS, funds are available for transfer from the Construction Account. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following budget transfers be rnade: Well House 4 Capital Proiect Fund From: Construction $120,000 To: Engineering $120,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fourth day of April 2007, PAT PORTER, MAYOR ATTEST: Carol. L. Freas; City Clezk ~r, ~/ Approved by Finance: (03/26/2007) h1 135 Suggested by: City Council CITY OF KENAI RESOLUTION NC3. 2007-14 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ENCOURAGING THE STATE OF ALASKA DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES (ADOT/PF) TO EN"I'ER INTO A REIMBURSABLE MEMORANDUM OF AGREEMENT WITH THE CITI' OF KENAI WHICH DELEGATES TO THE CITY OF KENAI MANAGEMENT AUTHORITY FOR THE DESIGN OF THE KENAI SPUR HIGHWAY REHABILITATION PROJECT (MP 3 TO MP S}. WHEREAS, this project received $ 5 million of funding in SFY 05, and received an additional $ 4 million of funding in SFY 06; and, WHEREAS, the number and severity of traffic accidents on the Kenai Spur Highway between MP 3 and MP 8 continue to increase this project is needed to improve traffic safety; and, WHEREAS, increased development along the Kenai Spur Highway from MP3 to MP8 requires the construction of traffic control devices; and, WFIEREAS, the City of Kenai is able to proceed with this project in a timely manner; and, WHEREAS, the City of Kenai is able to m=~X~*n=tee the use of project funding towards design and construction; and, WHEREAS, the Memorandum of Agreement shall reimburse the City of Kenai for all costs associated with this project, including but not limited to utility relocation, environmental documents, RO.W, acquisition, and design. NOW, THEREFORE, BE PI' RESOLVED $Y THE COUNCIL OF THE CITY OF KENAI, ALASKA, that ADOT/PFbe encouraged to enter into a reimbursable memorandum of agreement with the City of Kenai which delegates to the City of Kenai management authority for the design of the Kenai Spur Highway Rehabilitation Project (MP3 to MP 8). PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 4th day of April, 2007. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk 136 u+... ..b... ... - .. t. v.. ~.. ~....~ Manager FFY Summary Report AKSAS: 59215 Fed Proj#: Status: DESIGN Project ID: 4111 Name: KENAI SPUR ROAD REHABILITATION, MP 3.8 (GF) Manager: AMUNDSEN, JAMES ATP Type ATP Date Remarks: Obligations (amount in thousands of dollars) Obligated in 2007 Estimate for Future Obligations FFY STIP Phase 200? Phase Obli~. Estimate phase Date Total ar . Non 2 01-Jul-2008 0.0 3 15-Jut-2008 0.6 4 Oi-May-2010 0.0 7 Ol-May-2010 0.0 Project Funding and Expenditure Summary (amounts in dollars} Phase 'rowrammed Expended Encumbrance Balance 2 2,400,000.00 5,475.68 0.00 2,394,524.32 Totals 2,400,000.00 5,475.68 OAO 2,394,524.32 Estimated Advertising Date: Upcoming Public Meetings Meeting_DateCi~(LocationSCate Comer t2~etOther Contact SCODe Scove TexT Date 09-Dec- 2005 GF Capital Budget appropriation of 5 million. To rehabilitate and widen 5 miles o 2005 Kenai Spur Highway from 2-lane road (approximately 24 feet in width) to a 4 -lane roe foot travel lanes and 8 foot shoulders. The widening begins at MP 3 (approximately Lir and extends to MP 8 approximately Swires llrive). The rehabilitation of approximately of pedestrian facilities is included in the praject. Additional GF appn of 4 million in 0( e budget. Progress Prq~ress Text Date 08-Mar- General: 2007 -Design PSA Consultant is not yet selected -Consultant Coordinator is Robert DeVassie Progress since last report: -meeting with John Mackinnon, aptions provided http:/Iweb.dotstate.ak.us/cgi-binlstatus.d/manager_fty cgi?DO_ACTION=run_report&AK... 3120!2007 .__.,_o_- __ _ _,_r _.. i.. ____~ Current Tasks -coordinating Utilities issues and estimates for alternatives being considered -scoping of work is still ongoing Milestones: -RFP on street 9107. Environmental Information _~. _ .,. Contact: FETTEB2, ADELE J Document Type: Env Checklist -State Funded Expected: Approved: Environmental PertniY Tempe F ected Date Received Date Eg~iration Date Environmental Proa~~essl~ate, Environmental. Praoress Texy 07-Nov-2006 11/7/06: In-house scoping meeting held 1.0/26106. Utility information Contact: Agreement Complete: Utility Company Utility Prelim Reloc Estimate ACS of the Northland, Inc (Sitka) GCI Communications blamer Electric Association, Inc. Unlit og~gss Date tTtitity Progress Tcxt 05-Apr-2006 No Activity Utility Scope Date Uti'titk Scope Text 05-Apr-200b To be determined -Waiting for preliminary documents (Plans-in-hand) Right of Way Irzformatian Contact: Cert Date Est: Cert Date: ROW Scope Date Row Scope Text KOW Comment Date Row Comment. Taxt httg:/lweb.dotstate.ak.uslcgi-bin/status.d/manager ~~8cgi?DO_ACTION=run_repart&AK... 3!20/2007 Kenai Spur Highway Improvements Milepost 3 to 8, Linda Lane to Swires Drive Project Number 55215 General Funded (GF) Alternative 1 - improvements Proiect Description: Expected features include safety and capacity improvements, intersection improvements (installing turn pockets at 5 intersections), utility relocation, and lighting installation (at the 5 intersections). design: $700,000 Construction: $2,400,000 Construction Admin+ICAP (20%) $480,000 Utilities: $3,000,000 ROW : $1,000,000 Contingency: $1,000,000 Total: $8,580,000 Alternative 2 -Rehabilitation Proiect to 3 Lane Description: Expected features include widening a two lane road to three lanas with 8 foot shoulders, and .. inctudes a m`rfe df a multipurpose pathway, utility relocation;'8igh#ing installation (5 miles on both sides),,; and safety and capacity improvements Design; $1,200,000 Construction: $20,000,000 . Construction Admin+IGAP (20%} $4,000,000 Utilities: $3,000,000 ROW: $1,000,000 Contingency: $2,000,000 Total: $31,200,000 Alternative 3 -Rehabilitation Proiect to 5 Lane Description: Expected features include widening a two Jana road to 5 lanes with 8 foot shoulders, and includes a mile of a multipurpose pathway, utility relocation, lighting installation (5 miles on both sides}, and safety and capacity improvements. Design: $1,60D,000 Construction: $26, 500,000 Construction Rdmin+lCAP (20°!°) $5,300,000 Utilties: $8,500,000 Row: $4,ooa,ooa Contingency: $2,606,000 Total: $46,500,000 139 Suggested by: City Council CITY OF KENAI RESOLUTION NtA. 2007-I5 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA., TO APPROVE A JOINT REGULATION PROPOSAL FROM THE KENAI PENINSULA BOROUGH, CITY OF SOLDOTNA, AND THE CITY OF KENAI, TO THE ALASKA BOARD OF FISHERIES, TO REDUCE THE LEVEL OF HYDROCARBONS IN THE KEIVAI RIVER. WHEREAS, during peak powerboat use on the I{enai River, coinciding with peak salmon returns (July), several hundred gallons of gasoline enter the river on a daily basis; and, WHEREAS, this quantity of fuel has resulted in State Water Quality standards I$ AAC 70 exceedences for aquatic life; and, WHEREAS, the Kenai River will be placed on the section 303(d) "IMPAIRED" waterbody list as required by the Clean Water Act; and, WHEREAS, the Kenai Peninsula Borough, the City of Soldotna, and the City of Kenai prefer solutions that substantially reduce hydrocarbons in a manner thatss fair; and, WHEREAS, those solutions may include, but are not limited to; - Changes in means and methods that limits motorized run time. - Limit the total number of motorized boats operating at any one time on the river with a complete phase out of non-DFI 2-strokes. - Increase use of electric ivotors or drift boats. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, APPROVES THE ATTACHED JOINT REGULATION PROPOSAL FROM THE KENAI PENINSULA BOROUGH, CITY OF SOLDOTNA, AND THE CITY OF KENAI, TO THE ALASKA BOARD OF FISHERIES, TO REDUCE THE LEVEL OF HYDROCARBONS IN THE KENAI RIVER. PASSED BY THE COUNCIL OF THE CITI' OF I{ENAI, ALASKA, this 4th day of April, 2007. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk 140 PROPOSAL FORM INSTRUCTIONS FOR COMPLETING Top of form: • Check the appropriate box (or boxes) for which regulations you wish to change. • Enter the regulatory area in which the regulation will apply, such as Bristol Bay, GMtT 23, or statewide. If known, enter the series of letter and numbers which identify the regulation to be changed. For example, 5 AAC 72.055. If it will be a new section, then enter 5 AAC 72.XXX, Enter the page in the regulation book containing the regulations on that subject. LATER Z. Write a short explanation about the problem your proposal addresses, or why you are proposing the regulation. State why the regulation should be adopted or provide an explanation about what will happen if the regulation is not changed. 4. Print or type your proposal as you would like to see it appear in the regulation book. If you choose to provide regulatory language, new or amended wording should appear first and be underlined. Wording being deleted should be fully CAPITALIZED and enclosed in [BRACKETS]. EXAMPLES: 5 AAC 27.810. Fishing seasons and periods. In the Togialc and Bay districts, herring may be taken by purse seines and hand prose seines from April 25 through June 15 [JU'_vB 1] A?,C 85.025{3}. Unit 9(B} Caribou. NONRESIDENT HUNTERS: Four [FIVE] caribou. Alternatively, you may state your changes in clear sentences. For exanlple, "Extend the season. to June 15 imthe Togiak and Bay districts," or "Reduce the bag limit for caribou in Unit RB to four." 141 5. Tf you have information about how the quality of the harvested resource will be affected, include it here. 6. Write a short explanation of which user group[s] will benefit and which will suffer if your propasal is adopted into regulation. 7. Explain other ideas you had or your group discussed for solving the problem and why you did not present those ideas. Bottom of form: Write the name of the group that voted to submit the proposal. or your name if you are submitting the.proposal. This name will be published in the proposal book. The Boards of Fisheries and Game will not consider anonymous proposals. • Fill in your address and zip code, and telephone number. These will NOT be published. Mail or fax the completed form to the address at the top of tha form. Alaska Board. of FisherieslGame P.O. Box 115526 Juneau, AK 99811-5526 Fax: 907-465-6094 Or you may submit. the proposal to one of the four regional Boards Support Section Offices in Anchorage, Dillingham, Fairbanks or Kotzebue. NOTE: Proposals must be received by the deadline in the call for proposals; there are no exceptions. A fax is considered an original. The form must be physically received by fax or mail; postmark is not adequate. If you have any questions or need assistance, please consult staff at any Fislr and Game offrce. 142 ALASKA BOARD OF FT5FLERIES A.YI1 ALASKA. BOARD OF GAME REGULATOOh' P1tOPOSAL RORM PO BO?:.I15526, JUNEAU, ALASKA 99811-5526 REGULATIONS ® Fishing Area ^ Subsistence ® Personal Use ^ Spon ^ Commercial IfUAKll Ur' fiAMN; HN:IiULA't'tUNJ Game Management Unit (GMU) _ ^ Hunting ^ Trapping ^ Subsistence ^ Other JOINT BOARD REGULATIONS ~ ^ Resident i ^ Advisory Convnittee ^ Regional Caunci.l ^ Rural I ^ Nonresident Please answer all-guost#ons to the best;nf your ability. All answers~wBl be printed #n the propose! packets afang with the proposer's name ' (address andphone numbers w#il not tie'published). Use separa'e corms for each proposal. 1. Alaska Administrative Code Number 5 AAC Regulation Book Page No. 2. What is the problem yon would like the Board to address? I During peak powerboat use on the Kenai River, coinciding with peak salmon returns (July), several hundred gallons of gasoline enter the river on a daily basis. This quantity of fuel has resulted in State Water Quality '' standards 18 AAC 70 exceedences for aquatic life. This represents a clear conservation issue as water quality ~ standards are designed to protect fish resources -this includes all fish resources of the Kenai River. Models, existing data and examples from other areas in the country suggest that traditionally carbureted 2-stroke motors pollute in a dramatically disproportional amount compared to several other available options (more than 10 to l compared to an equal 4-stroke}. A complete ban on 2-strokes would almost certainly eliminate this problem. This groposal seeks an option just short of a complete ban with the hope it would be sufficient to ifnprove water quality, bringing the river back into corn Iiance with state water uali re ulations. 3. What w#11 happen if this prob#em is not salved'? Regulation change is required to bring the Kenai River into compliance with water quality standards during '' the month of July. The July concentration of hydrocarbons observed in the Kenai River have documented the potential for adverse affect on all fish species. The Kenai. River will remain on the section. 303(d} I "IMPAIRED" waterbod list as re aired by the Clean Water Act. 4. What solution do,you prefer? Tn other words, if the Board adopted your solution, what would the new regular#on say? ' We prefer a solution regulating motorized use for both the in-river Chinook sport fishery and the personal use fishery during the month of July in the Kenai River. As local governments we will v,~ork toward finding ~, the best solution; however, for many of the potential options, it is not clear that local govenunents have jurisdiction to implement. We prefer so]utions that substantially reduce hydrocarbons in malmer that is tau. While a perfectly fair solution m.ay be a challenge, we believe fair meuis reductions should come from. all ~, user groups in proportion. to the amount ofpollution each user contribuies to the river. This groposal should be viewed as a place holder Solutions may include but are not Iimited to• Changes in means and. methods that limits motorized run time. Limit the total. number of motorized boats operatnzg at any one time on the river with. a complete phase out of non-DPI 2-strokes. ', Increase use of electric motors or drift boats. 5. Does your proposal address Smproving the qual#ty o#'the resource harvested ar produMS producrtl? If so, how? Yes, being Listed as an impaired water raider the Clean Water Act is detrimental to the resource and the economy. This action taken as described will likely result in removizag the Kenai River from. the 303(d) List. 143 6. Solutiais to ditticult problems benefit some people and hurt others: A. Who is likely to benefit if ,your solution is adopted? All aquatic Life in the river. All economic interests in the river, B. Who [s likely to suffer if your solution is adopted? Owners of powerboats that have motors that are not 4-stroke ar 2-stroke Direct Fuel Injection. 7. List any other solutions you consldored and why you rejected them. ~ Dp NQT WHITE HERE Area wide zolung to restrict certain inefficient motor types. Banning the launch of certain motor types from docks within City of Kenai limits. Rejected because potential for litigation with. the State of Alaska challenging jurisdiction. Submitted Bv: Name /Signature City of Kenai -Mayor Pat Porter; Kenai Peninsula Borough -Assembly President Ron Long City of So'_dotna - Mavor Dave Carey Individual or Group Address City, State ZIP Code home Phone Work Phone Lmait 144 Suggested by: Administration CITY OF KENAI RESOLUTION NO. 2007-16 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, APPROVING A CONTRACT TO QAP FOR THE PROJECT ENTITLED 2007 LOCAL IMPROVEMENT DISTRICTS AND MISCELLANEOUS PAVING -SET NET DRIVE LID, ALIAK/MCCOLLUM/JAPONSKI LID, AND ANGLER DRIVE LID FOR THE TOTAL AMOUNT OF $669,048.00. WHEREAS, the following bids were received on March 27, 2007; Alaska N. Star Engineer's AP Roadbuiiders Pavua Estimate BASIC BID - Sched. A 137,795.00 145,339,75 145,437.00 140,958.50 Set Net Drive LID BASIC BID - Sched. B 218,251.00 209,469.00 ~ 225,495.00 213,481.00 A1iak/ McCollum JJaponski LID ~ BASIC BID - Sched. C ~ 240,749.00 275,845.00 ~ 294,355.00 291,047.00 An ler Drive LID AA1 - Schedule D 44,826.00 54,313.00 57,239.50 42,286.00 ', Admin. & PSB Parkin Lot I AA3 - Schedule F ~ 3,027.00 3,775.00 3,695.00 ! 2,255.00 '' Senior Center Parkin Lot AA4 - Schedule G 24,400.00 35,900.00 34,043.50 46,890.00 Rec Center Parkin Lot TOTAL $669,048.00 $724,641.?5 $760,265.00 $736 417.50 ;and, WHEREAS, QAP`s bid is the lowest responsible bid and award to this bidder would be in the best interest of the City; and, WHEREAS, the recommendation from City Administration is to award the contract to QAP far the total cost of $669,048.00; and, WHEREAS, sufficient monies are appropriated. 145 Resolution No. 2007-16 Page 2 of 2 NOt~, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the contract for the project entitled 2007 Local Improvement Districts and Miscellaneous Paving - Set Net Drive LID, AliakJMcCollum/Japonski LID, and Angler Drive LID be awarded to QAP for the total amount of $669,048.00. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fourth day of April, 2007. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance:__ 146 ;~-T, -- ~ ~//~ f{reJc4'tV o{ // ,~~c~la~r e t~itlrt ~ Past Git~y r~vit~r a Fr~t~are" 210 Fida(ga Avenue, Kenai, Alaska 99611-7794 Telephone_ 907-283-7535 /FAX: 907-283-3014 I~I{f I 799(7' MEMO: TO: City Gouncil FROM:. Rick Koch, City Manager DATE: March 28, 2007 SUBJECT: 2007 Locai improvement Districts & Miscellaneous Paving The purpose of this correspondence is to discuss the above referenced proj ect. On March 27`h bids were received. The low bidder was QAP, whose bid for all schedules including additive alternates was $ 669,048. Administration recommends a 10% contingency, or $ 66,905. Total funding available is $ 1,055,545. I have attached a spreadsheet providing an analysis of the budget, which identifies surplus funding in the amount of $ 319,592, that could be used for other projects. The tow bid is less than the estimated costs used for calculation of estimated assessments for the LID's. The result is the "as-bid" estimated assessments are less than what was presented to the affected property owners. The percentage of reduction for each LID is as follows: Reduction m Local Imurovement District Assessment ALiak-McCollum-.Taponski 28,60% Angler Drive 50.70% Set Net Drive 37.37% Attached please ford a spreadsheet for each LID showing the "as-bid" estimated assessments. I expect that there will be Borne amount of additional work required during construction on each of the LID's, so I expect there 20 be small increase in the "as-built" assessments. 147 Last July we bid the Set Net Drive portion of this project. It's interesting to note that the Iow bid at that time was $ 249,764. Byre-scoping and bidding at a time of year more conducive to competition. the bid for the Set Net Drive component of this project came in. at $137,795. Thank you far your attention in this matter. If you have any questions please contact me at your earliest convenience. attachments 148 priginal Available Source of Funding Description Amount Funding State 03-MG-026 Street Improvements $ 142,569,00 $ 95,557.00 General Fund Street Improvements $ 328,829.00 $ 40,270:00 State 06-DC-128 Kenai Road & Sewer Improvements $ 790,000,00 $ 597,718.00 State 07-DC-231 Pubic Roads, Water & Sewer $ 322,000.00 $ 322,000.00 Totals Bid Component Schedule A Schedule B Schedue C Schedule D Schedule F Schedule G Description Set Net Drive Al i ak-McCo Ilum-J aponski Rngter Drive Admin. & PSB Parking Lots Seniar Center Parking Lot Rec Center Parking Lot Total Available Funding Total Bid Schedules A-D, F & G Construction Contingency (10°I°) Unallocated Funding $ 1,583,398.00 $ 1,055,545.00 Bid Amount $ 137,795.00 $ 218,251.D0 $ 240,749.00 $ 44,826.D0 $ 3,027.00 $ 24,40D.00 $ 669,048.00 $ 1,055,545.00 $ (669,048.00) $ (66,905.00} $ 319,592.90 149 ALIAK/IVIcGC3LLUM/JPONKI LID CALCULATION OF AS-BID ASSESSI1tiENTS March 28, X007 Total Estimate of Cost for LID $ 305,693.40 Property Owners Share (25%} of LID $ 76,423,35 Admin. Recommendation City 75%?Owner 25% As-Bid Property Owners Property Address LID Assessment 50% Sq.Ft.150% Frant Ft. Estimated Assessment 1 Stuart, Bill A 401 McCollum $ 2,450.85 $ 1,749.90 2 Espy, Roy H. & Janine M 403 McCollum $ 3,070.02 $ 2,191.99 3 Rhodes, Chris J & Mezei P * 407 McCollum $ 3,980.08 $ 2,841.78 4 Werner, Teresa' 409 McCollum $ 2,174.42 $ 1,552.54 5 Kenai Peninsula Borou h** . Tax ID # 4501010 $ 15,301.41 $ 10,925.20 6 Holmes, Mark 702 McCollum $ 3,855.90 $ 2,753.11 7 Holmes, Scott & Ghris*** 606 McCollum $ 1,418.47 $ 1,012.79 8 Wri ht, Donald 604 McCollum $ 1,319.05 $ 941.80 9 Schmidt, Rod er & Barbara 602 McCollum $ 1,319.05 $ 941.80 10 Ferrel, Roberti 508 McCollum $ 1,261.11 $ 900.43 11 Whiteside, Rabin A 506 McCollum $ 1,232.22 $ 879.80 12 Quade, Paul*"' 504 McCollum $ 1,698.64 $ 1,212.83 13 Wilcox, Eric B & Susan L*** 416 McCollum $ 1,828.57 $ 1,305.60 14 Grace Brethren Church of Kenai*`"' 406 McCollum $ 7,091.27 $ 5,063.17 15 Rapp, Deborah 1006 Afiak $ 1,828.57 $ 1,305.60 16 Marquis, Glen L & Ghristine F 1008 Afiak $ 1,625.28 $ 1,160.45 17 Leon , John B & Lorenzo, Janice M 1010 Afiak $ 1,528.49 $ 1,091.34 18 Wilson, Paul & Nanc **** 9072 Kenai Spur $ 2,333.31 $ 1,665.98 19 Szabo, Janice 1105 Afiak $ 2,594.69 $ 1,852.61 20 Ashton, Walter D & Judith E 1103 Aliak $ 3,892.03 $ 2,778.91 21 Lorenzo, Eva 1009 Afiak $ 2,468,40 $ 1,762.44 22 Wilbert, Dennis M & Ona R"** 1007 Afiak $ 1,537.20 $ 1,097.56 23 Brehm, Edward L & Rochelle*** 1003 Afiak $ 1,698.55 $ 1,212.77 24 Anderson, Steve & Loretta 505 Japonski $ 1,232.22 $ 879.80 25 Anderson, Steve & Loretta 507 Japonski $ 1,188.88 $ 848.86 26 Anderson, Steve & Loretta . 601 Japonski $ 447.80 $ 319.73 27 Pack, Ward E & Murval, Mae Trustees Tax ID # 4509002 $ 3,611.32 $ 2,578.48 28 Ouade, Paul L & Zimmerman, Richard 508 Japonski $ 1,217.77 $ 869.49 29 Quade, Paul 506 Japonski $ 1,217.77 $ 869.49 Totals $ 76,423.35 $ 54,566.27 Prepared By Pag~Si of 1 Rick Koch ANGLER DRIVE LID CALCULATIQN OF AS BfD'ASSESSMENTS March 28, 2007 ID # WNER Property Address Preliminary Assessment Based 33.3% SF, 33.3°f° Per Lot 33.3% KPB Assessment As•Bid Estimated Assessment 1 Foster,Ga !Steve 1001 An Ier Dr. $ 8,211.75 $ 4,046.39 2 Foster Landing 1005 An Ier Dr. $ 4,977.17 $ 2,453.75 3 Voth 1010 An Ier Dr. $ 4,155.29 $ 2,048.56 4 Richardson 1015 An Ier Dr. $ 4,529.99 $ 2,233.28 5 Van Dusseldorp 1025 An Ier Dr. $ 4,575.62 $ 2,255.78 6 Cowan 1030 An Ier Dr. $ 4,955.69 $ 2,443.16 7 Voth 1035 An ler Dr. $ 4,476.68 $ 2,207.00 B Voth 1045 An ler Dr. $ 4,307.38 $ 2,123.54 9 Cowan 1050 An Ier Dr. $ 3,337.25 $ 1,645.27 10 Lowe, Bryan 1105 An ler Dr. $ 4,848.77 $ 2,390.44 11 Anderson 1110 An Ier Dr. $ 2,990.53 $ 1,474.33 ]2 Bancroft 1115 An Ier Dr. $ 3,608.77 $ 1,779.13 13 Johnson 1125 An ler Dr. $ 5,128.22 $ 2,528.21 14 Lowe, John 1130 An Ier Dc $ 4,077.87 $ 2,010.39 15 Haak 1135 An ler Dr. $ 4,307.79 $ 2,123.74 16 Masuda 1145 An Ier Dc $ 3,604.47 $ 1,777.OD 17 Cedros 1205 An Ier Dc $ 3,633A8 $ 1,791,11 18 Holton 1215 An Ier Dr. $ 4,856.23 $ 2,394.12 19 Lee 1225 An Ier Dr. $ 3,678.70 $ 1,813.60 20 Lowe, B an 1230 An Ier Dr. $ 5,974.85 $ 2,945.60 21 Sled e i 235 An Ier Dr. $ 5,870.34 $ 2,894.08 22 Fretz 1305 An Ier Dr. $ 5,049.14 $ 2,489.23 23 Riddle 1310 An Ier Dr. $ 3,291.54 $ 1,622.73 24 Chin 1315 Anl er Dc $ 4,657.85 $ 2,296.32 25 Fandel 1325 An (er Dr. $ 4,486.64 $ 2,211.91 26 Simpson 133D An ler Dr. $ 3,501.12 $ 1,726.05 27 Neuharth 1335 Anl er Dr. $ 5,568.20 $ 2,745.12 28 Dere 1345 An Ier Dr. $ 5,501.78 $ 2,712,38 29 Ortiz 1350 An Ier Dr. $ 6,815.31 $ 3,359.95 30 Raine 1405 An Ier Dr. $ 5,672.39 $ 2,796.49 31 Peterson 1410 An Ier Dr. $ 3,832.55 $ 1,889.45 32 Peterson 1415 An Ier Dr. $ 4,373.63 $ 2,156.20 33 Simpson 1425 An Ier Dr. $ 5,375.65 $ 2,650.30 34 Sim son 1430 An Ier Dr. $ 3,706.83 $ 1,827.47 35 Groeneveld 1435 An Ier Dr. $ 5,290.30 $ 2,608.12 36 Blair 1445 An Ier Dr. $ 5,206.19 $ 2,566.65 37 Simpson 1450 An ler Dc $ 3,840.28 $ 1,893.26 38 Mansur 8 Barrett 15D5 An Ier Rr. $ 4,666.57 $ 2,300.62 39 Kent 1510 An Ier Dr. $ 3,001.96 $ 1,479.97 40 Arctic Pipe 1515 Angler Dc $ 4,560.98 $ 2,248.56 41 Ralf 1525 An Ier Dr. $ 4,710.20 $ 2,322.13 42 Ortiz 1530 An Ier Dr. $ 5,032.03 $ 2,48079 43 Hardin 1535 An ter Dr. $ 5,581.56 $ 2,751.71 44 Muilowney 1545 Angler Dr. $ 6,103.28 $ 3,008.92 45 Hardin 1555 Angler Dr. $ 5,815.66 $ 2,867.12 46 Ortiz 1600 Angler Dr. $ 6.503.89 $ 3,206.42 47 Ci of Kenai 338D Beaver Lp $ 17,446.00 $ 8,600.88 48 Peich 3456 Baaver Lp $ 4,73?.13 $ 2,335.40 49 An ter Enterprises 920 Ames Rd. $ 3,713.60 $ 1,830.80 TOTAL b 244,148.95 $ 120,365.43 SET NET DRIVE LID CALCULATION OF AS-BID ASSESSMENTS Marsh 28, 2407 Property Owner Property Address Preliminary Assessment As-Bid Estimated Assessment 1 Driskill 750 Set Net Drive $ 8,777.00 $ 5,497.04 2 Johnson 740 Set Net Drive $ 9,350.00 $ 5,855.91 3 Whanneil 2560 Seine Court $ 10,113.00 $ 6,333.77 4 Durkee 620 Set Net Drive $ 8,777.00 $ 5,497.04 5 Cha man 610 Set Net Drive $ 10,113.00 $ 6,333.77 6 Bingham 2600 Watergate $ 9,731.00 $ 6,094.53 7 Smith 615 Set Net drive $ 8,777.00 $ 5,497.04 8 Hoo land 2705 Seine Street $ 10,399.00 $ 6,512.89 9 Lei hty 735 Set Net Drive $ 13,070.00 $ 8,185.74 10 Burch 745 Set Net Drive $ 10,304.00 $ 6,453.40 11 Aase 755 SeYNet Drive $ 10,590.00 $ 6,632.52 Total $ 110,001.00 $ 68,893.63 152 ~t ~k ~~~~ ~ ~~~1~~i CONSULTING ENGINEERS STRUCTURAL CIVIL ENVIRONMENTAL 155 BIDARKA STREET KENAi, ALASKA 99611 (907) 263.3563 FAX (907) 283-4514 March zs, 2007 Rick Koch City of Kenai 210 Fidalgo St. Kenai. Alaska 99611 d'~f r.. ~ r , ,.,:'~ 4`k i_ 4.s -...r.... ~._...~.__.- , t~R 2 B ?a)~17 r ~ I t,l Yrli rtf~;MF.I r.' PUf:.lr ~.~: ~rH____,- vr;!._.~.'p,k;.~,_!~`uggNQ' RE: 2007 Local Improvement Districts and Miscellaneous Paving Dear Rick, Bids for the 2007 Local Improvement Districts and Miscellaneous Paving Projects were opened yesterday at 2:00 PM. Three bids were received and opened. Bids were received as follows: Comnany 1. QAP 2. North Star Paving Inc. 3. Alaska Road Builders Inc. 4. Engineer's Estimate Basic Bid Basic Bid + Additive Alts $596,795.00 $669,048.00 $665,2$7.00 $760,265.00 $630,653.75 $724,641.75 $645,486.50 $736927.50 QAP is the low bidder. All bids included all required submittals. We analyzed the bids as submitted on the signed bid proposals and Pound an error within QAP's Bid Schedule D, whereas the written. unit price does not equal the numerical unit price. The specifications state that discrepancies between the words and figures will be resolved in €avor of words. The City has the option to waive the requirement and 'has opted to do so. The Engineer's estimate was found to have some discrepancies between the quantities on the advertised bid schedule and the submitted estimate. The estimate totals have been revised to mach the bid quantities. I recommend that the City award Che contract for the 2007 Local Improvement Districts and Miscellaneous Paving Project to QAP, contingent upon sufficient funds available in accordance with the Bid Schedule. A spreadsheet, including the three bids and the Engineer's estimate is attached for your use. Sincerely, tachment 153 AGENDA KENAI CLTY COUNCIL -REGULAR MEETING MARCH 21, 2007 7:00 P.M. KENAI CLTY COUNCIL CIiAMI3ERS http: / /www•.ci.kenai.alc.us ZTEM A: CALL TO ORDER i. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *Ail items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. YTEM B: SCHEDULED PUBLIC CO1I~NTS (10 minutes) YTEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPORTS OF gPS ASSEMBLY LEGISLATORS AND COUNCILS ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) Ordinance No. 2216-2007 -- Increasing Estimated Revenues and Appropriations by $3,650,322 in the Runway Safety and Improvements Capital Project Fund. Ordinance No. 2217-2007 -- Increasing Estimated Revenues and Appropriations by $190,140 in the Kenai Soccer Park Capital Project Fund. 3. Ordinance No. 2218-2007 -- Increasing Estimated Revenues and Appropriations by $4&0,000 in the Wildwood Water Maul Capital Project Fund. 4. Resolution No. 2007-11 -- Supporting a Marathon Oil Company and ConocoPhillips Company Application for aTwo-Year Extension for the Kenai Liquefied Natural Gas Export License. 5. Resolution No. 2007-12 -- Approving a Contract to C.LC., Inc. for the Project Entitled Kenai Soccer Park Construction - 2007 for the Basic Bid Plus Additive Alternates 2 and 3 far the Total Amount of $265,114.00. 154 6. Liquor License Renewal -- Roy Dale Howard, dJbJa Kenai Joe's -- PROTEST ITEM F: MINUTES 1. *Regular Meeting of March 7, 2007. 2. *February 21, 2007 Work Session Notes ZTEM G: UNFINYSHED BUSINESS ITEM H: NEW BUSINESS Bills to be Ratified Approval of Purchase Orders Exceeding $15,000 *Ordinanee No. 2229-2007 -- Amending KMC 21.15.190 by Adding a New Subsection (d) to Allow a Lease Applicant to Request a Contractual Right to Purchase the Leased Property at Fair Market Value Within Twelve Months After Completion of the Development as Detailed in the Lease's Development Schedule. 4. *Ordinance No. 2220-2007 -- Amending the Official Kenai Zoning Map by Rezoning Appro~mately 241.4 Acres in the City of Kenai to the Central Mixed Use Zone, Including Parcels Currently Zoned General Commercial, Central Canunercial, Light Industrial and Suburban Residential and is Generally Located North and South of the Kenai Spur Highway and Includes Properties Between Bridge Access road and Upland Street and Properties Along Main Street Loop, North Willow Street and Airport Way. *Ordinanee No. 2221-2007 -- Increasing Estimated Revenues and Appropriations by $206,415 for Projected Utility Cost Increases. 6. "`Ordinance No. 2222-2007 -- Amending the Official Kenai Zoning Map by Rezoning a Portion of Redoubt Terrace Bluff View Repiat (Preliminary Plat), From Conservation (C) to Suburban Residential (RS). 7. Approval -- Kenai Golf Course/Amendments to Leases -- Rate Changes. S. Discussion -- Schedule Budget Work Session(s) 9. Discussion -- Sunset Harbor Carnuussion ITEM I: COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Conunission 155 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report ITEM J: REPORT OF THE MAYOR ITEM K: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM L: 1. Citizens (five minutes) 2. Council ITEM M: PENDING LEGISLATION (Items tisied betaw are legislation which wiL! be addressed at a later date as noted and are not action items for this meeting.) Resolution No. 2007-05 -- Approving the Lease Farm for Leases far Airport Land Outside of the Airport Reserve. (Tabled to Aprt1 9, 2007.) Resolution No. 2007-06 -- Approving the Lease Form for Leases of Airport Reserve Property. (Tabled to Aprti 4, 2007.) Ordinance No. 2202-2006 -- Amending KMC 11.05.090 to Limit the Use of the City of Kenai Boat Launch, Located at the Municipal Harbor, to Vessels and Boats Powered by Four-Cycle or Direct Injection Two-Cycle Engines. (1)17/07, Tabled, no time ce7-tain.) -- None Scheduled ITEM M: ADJOURNMENfi 156 KENAI CETY COUNCIL -REGULAR MEETING MARGx zl., zoa7 ~:oo P.M. IiENAI CITY COUNCIL CHAMBERS httrr ! /www. ci. kenai. ak. us MAYOR PAT PORTER, PRESIDING MINiJTES ITEM A: CALL TO ORDER Mayor Porter called the meeting to order at approximately 7:00 p.m. in the Council Chambers in the Kenai City Hall Building A-1. PLEDGE OF ALLEGIANCE Mayor Porter led those assembled in the Pledge of Allegiance. A-2. ROLL CALL The City Clerk took roll. Present were: Mike Boyle Linda Swarner A quorum was present. A-3. AGENDA APPROVAL Mayor Porter noted an addition of E4-a, Substitute Resolution No. 2007-11 supporting the continued operation of natural gas industrial facilities on the Kenai Peninsula. MOTION: Council Member Molloy MOVED for approval of the agenda, including the addition of Substitute Resolution No. 2007-11. Council Member Swarner SECONDED the motion and requested UNANIMOUS CONSENfi. 'there were no objections. SO ORDERED. A-4. CONSENT AGENDA Council Member Swarner MOVED to approve the consent agenda as presented and requested UNANIMOUS CONSENT. Council Member Boyle OBJECTED and requested Item Fl-3 Ordinance No. 2219-`L007 be removed from the consent agenda. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS -- None ITEM C: UNSCHEDULED PUBLIC COMMENTS 157 KENAI CITY COUNCIL MEETING MARCH 21, 2007 PAGE 2 Larry Lewis, Wiid1sfe Biologist, Alaska Dept. of Fish and Game, 43981 Kalifornsky Beaeh Road, Suite B, Soidotna -- Updated Council on the WIldlife Conservation Commiu~rit5~ Program, aBear-Safe Neighborhood pilot project initiated within the City of Kenai. Mr. Lewis stated he's been contacted by several communities, bath in Alaska and outside Alaska, requesting information on the program. Jason Steen, City of Kenai VISTA Coordinator, KEDS Spokesman, 328 Partlock, Kenai. -- Spoke to the newly proposed liquor license regulation. Upon review of this legislation, KEDS recommends Council support the new legislation per the summary letter given to Council. Delghia Nelson, Nikiski -- Advocated library expansion because of educational need in our community. ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS None. ITEM E: PUBLIC HEARINGS E-1. Ordinance No. 2216-2007 -- Increasing Estimated Revenues and Appropriations by $3,650,322 in the Runway Safety and Improvements Capital Project Fund. MOTION: Council Member Molloy MOVED for adoption of Ordinance No. 2216-2007 and Council Member Swarner SECONDED the motion requesting UNANIMOUS CONSENT. Acting City Manager Sermnens requested Council postpone action on this Ordinance until the April 4, 2007 Council meeting, as FAA has not yet written the grant to the City. Council Member Swarner MOVED to postpone action on Ordinance No. 2216-2007 until the April 4, 2007 Council meeting and Cauneil Member Molloy SECONDED the motion requesting UNANIMOUS CONSENT. There were na objections. SO ORDERED. E-2. Ordinance No. 2217-2007 -- Increasing Estimated Revenues and Appropriations by $190.140 in the Kenai Soccer Park Capital Project Fund. MOTION: Council Member Molloy MOVED for adoption of Ordinance No. 2217-2007 and Council Member Ross SECONDED the motion. 158 KENAI CITY COUNCIL MEETING MARCH 21, 2007 PAGE 3 There were no public comments. Acting City Manager Senunens stated this Ordinance would. appropriate a $75,000 Federal grant received through the State of Alaska, Depari:ment of Natural Resources {DNR}. BNR is taking 12 percent as an administrative fee which is the $16,000 referenced in the Ordinance. The City has contributed $115,000 of in-kind services to be used as a match to the $75,000 grant. VOTE: Mollov .Yes ' Bov1e i Yes Porter Yes Moore Yes Swarner Yes Eldridge Yes Ross Yes ~-~ MOTION PASSED UNANIMOUSLY. E-3. Ordinance No. 2218-2007 -- Increasing Estimated Revenues and Appropriations by $480.000 in the Wildwood Water Main Capital Project Fund. MOTION: Council Member Moore MOVED for adoption of Ordinance No. 2218-2007 and Council Member Swarner SECONDED the motion. There were no public comments. Council Member Moore noted the compensation to the City for administration of the State grant. VOTE: Mollo Yes Boyle !Yes ;Porter Yes Moore Yes Swarner Yes Eldridge Yes i ~ Ross i Yes I ~ MOTION PASSED UNANIMOUSLY. E-4. Resolution No. 2007-11 -- Supporting a Marathon Oil Company and ConocoPhillips Company Application for aTwo-Year Extension for the Kenai Liquefied Natural Gas Export License. E-4a. Substitute Resolution. No. 2007-11 -- Supporting the Continued Operation of Natural Gas Industrial Facilities on the Kenai Peninsula. 159 KENAI CITY COUNCIL MEETING MARCH 21, 2007 PAGE 4 MOTION: Council Member Moore MOVED for adoption of Substitute Resolution No. 2007-11 and Council Member Swarner SECONDED the motion. Public comment included the following Lindsey Clazk, ConocoPhiliips, 50153 Coye Ct., Kenai -- Spoke in support of the Resolution. Mr. Clark. answered questions regarding existing natural gas supplies; potential drilling plans; and, concerns regarding availability of natural gas For residentia] and commercial users. Robert Cox, 509 Pine Avenue, Kenai -- Spoke in opposition to flee Resolution and requested Council look into the repercussions of passage of this Resolution. Chris Focia, VIP Subdivision, Kenai -- Spoke in opposition to the Resolution. Jim Cooper, 24S Crest Drive, Kettai -- Spoke in opposition to the Resolution and of possible negative effects to our communilies. Jim Kaufman, 283 Iowa Street, Kenai -- Spoke in opposition to the Resolution and expressed concerns with shipping Cook Inlet gas overseas verses first meeting local industrial, commercial and residential needs. Lynden Ibele, Marathon Oil, .Anchorage -- Spoke in support of the Resolution. Mr. Ibele answered questions regarding existing natural gas supplies; potential drilling plans; and, concerns regarding availability of natural gas for residential and commercial users. Break from 8:20 p.m. to 8:30 p.m. MOTION TO AMEND: Council Member Ross MOVED to amend the final sentence of Substitute Resolution 2007-11 to end with "providing that Department of Energy review confirms that the gas being exported is in excess to that needed to meet local commercial, industrial and residential needs" and Council Member Ross SECONDED the motion. Public comments included: Chris Focia, VIP Subdivision, Kenai -- Spoke in favor of the amendment. Jim Cooper, 248 Crest Drive, Kenai -- Spoke in favor of the. amendment. Jim Kaufman, 283 Iowa Street, Kenai -- Spoke in favor of the amendment. 160 KENAI CPI'Y COUNCIL MEETING MARCH 21, 2007 PAGE 5 VOTE: Molloy Yes Boyle Yes ~ Porter Yes _ _ Mom Yes 5warner i Yes Eldridge ~ Yes Ross Yes i _ ~ ( ~ I MOTION PASSED UNANIMOUSLY. E-5. Resolution No. 2007-12 -- Approving a Contract to C.LC., Inc. for the Project Entitled Kenai Soccer Park Construction - 2007 for the Basic Bid Plus Additive Alternates 2 and 3 for U1e Total Amount of 5265,114.00. MOTION: Council Member Molloy MOVED for adoption of Resolution No. 2007-12 and Council Member Swarner SECONDED the motion. There were no public comments. Council Member Moore disclosed the company being awarded the bid was a client of his CPA firm, but he intended to vote on the motion. Council discussion included future change orders and ordinances related to this project and the scope of project. VOTE: i Molloy Yes Bo le :Yes Porter Yes Moore Yes Swarner Yes Eldrid e Yes Ross Yes MOTION PASSED UNANIMOUSLY. E-6. L:quor License Renewal -- Roy Dale Howard, d/b/a Kenai Joe's -- PROTEST MOTION: Council Member Swarner MOVED that City Clerk send a letter of protest to the Alcoholic Beverage Control Board for Roy Dale Howard, d/b/a Kenai Joe's, and Council Member Molloy SECONDED the motion and requested UNANYMOUS CONSENT. There were no objections. SO ORDERED. 161 KENAI CITY COUNCIL MEETING MARCx 21, zoo? PAGE 6 ITEM F: MINUTES F-1. Regular Meeting of March 7, 2007 -- Approved by consent agenda. F-2. Fehruarq 21, 2007 Work Session Notes -- Approved by consent agenda. ITEM G: UNFINYSHED BUSINESS -- None. ITEM H: NEW BUSINESS H-1. Bills to be Ratified MOTION: Council Member Moare MOVED for ratification. of the bills and requested UNANIMOUS CONSENT. Council Member Swamer SECONDED the motion. There were no objections. SO ORDERED. H-2. Approval of Purchase Orders Exceeding $15,000 MOTION: Council Member Swamer MOVED for approval of purchase orders exceeding $15;000 and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. There were no objections. SO ORDERED. H-3. Ordinance No. 2219-2007 -- (unending KMC 21.15.190 by Adding a New Subsection (d) to Allow a Lease Applicant to Request a Contractual Right to Purchase the Leased Froperty at Fair Market Value Within Twelve Months After Completion of the Development as Detailed in the Lease's Development Schedule. MOTION: Council Member Ross moved to introduce Ordinance 2219-2007 and Councll Member Swamer SECONDED the motion. Council discussion included the following: • The lease process. • Concerns regarding selling City Lands. • Legal concerns to which City Attorney input would be required. 162 KENAI CITY COUNCIL MEETING MARCH 21, 2007 PAOE 7 VOTE: Molloy Yes Bovle No ~ Porter ~ Yes Moore ~ Yes Swamer I Yes Eldridge Yes ~ Ross Yes ~ ~ MOTION PASSED. H-4. Ordinance No. 2220-2007 -- Amending the Official Kenai Zoning Map by Rezoning Approximately 241.4 Acres in the City of Kenai to the Central Mixed Use Zone, Including Parcels Currently Zoned General Commercial, Central Commercial, Light Industrial and Suburban Residential and is Generally Located North and South of the Kenai Spur I-tighway and Includes Properties Between Bridge Access Road and Upland Street and Properties Along Main Street Loop, North. Willow Street and Au-port Way. Introduced by approval of consent agenda. II-5. Ordinance No. 222I-2007 -- Increasing Estimated Revenues and Appropriations by $206,415 for Projected Utility Cost Increases. Introduced by approval of consent agenda. H-6. Ordinance No. 2222-2007 -- Amending the Official Kenai Zoning Map by Rezorung a Portion of Redoubt Terrace Bluff View Replat (Preliminary Plat), From Conservation (C) to Suburban Residential (RS). Introduced by approval of consent agenda. H-7. Approval -- Kenai Golf Course/Amendments to Leases -- Rate Changes. MOTION: Council Member Swarner MOVED to approve "Kenai Golf Course/Amendments to Leases -- Rate Changes" and Councff Member Moore SECONDED the motion. VOTE: MOTION PASSED UNAPdIMOUSLY. 163 KENAI CI'I1' COUNCIL MEETING MARCH 21, 2007 PAGE 8 H-8. Discussion -- Schedule Budget Work Session(s) Budget work session set for April l0ih at 5 p.m. in City Council Chambers. H-9. Diseussion -- Sunset Harbor Cormmission Mayor Porter reported she has sent several letters to business and property owners in the area, but received no interest from individuals wishing to serve on the Harbor Commission. Vacancies on the Commission contribute to no meeting quorums. She would like to discuss sunseting the Harbor Cornnvssion, which would require an Ordinance. Discussion included: Research of possible Ordinances tied to the functions of the Harbor Commission. Investigate to which Conmzission should the responsibilities of the Harbor Commission be given. Administration to draft a memorandum and Ordinance to be presented to Council. ITEM I: COMMISSION/COMM%TTEE REPORTS I-1. Council on Aging -- Council Member Boyle reported the last meeting was cancelled and the next meeting is scheduled for April 5, 2007. Mayor Porter referenced Harold Bonner's application to the vacant spot on the Council on Aging and recommended his appointment to that position.. There were no objections. I-2. Airpoxt Commission -- Council Member Boyle reported the last meeting was March 8 and they discussed airport taxiway designations and minimum standards, requested Cary Graves speak to them on minimum standards to assist in their decision-making. I-3. Harbor Commission -- Council Member Boyle stated they did not meat for lack of a quorum. %-4. Library Commission -- Council Member Swarner referenced the unapproved minutes in the packet; next meeting is April 3, 2007. I-5. Parks & Recreation Commission -- Council Member Moore said the next meeting is April 5, 2007. %-6. Planning & Zoning Commission -- Council Member Ross noted the consideration of a plat at the last Planning and Zoning meeting to be forwarded to the Borough Planning Conunission; referenced Ordinance No. 2222-2007 correcting a split zone situation and recommended to Council. Mayor Porter referenced Kim 164 KENAI CPI'Y COUNCIL MEETING MARCH 21, 2007 PAGE 9 McDonald's application to the vacant spot on the Planning and Zoning Commission and recommended her appointment to that position. There were no objections. I-'7. Miscellaneous Commissions and Committees I-7a. Beautification Committee -- Council Member Swarner referenced the unapproved minutes of the last meeting in which Helen Brown was elected Chair and Ka}r Shearer was elected Vice-Chair for the next year. I-7b. Alaska Municipa4 League Report -- Council Member Swarner said the next committee meeting on economic development and land use is Aprf15. ITEM J: REPORT OF THE MAYOR -- Mayor Porter noted the following: • Attended the dedication of the Kenai Central High School basketball court to the Chff Massie Court. • Attended opening of the snowmaehine poker run. • Met with Kenai Kennel G1ub regarding the potential Dog Park. YTEM K: ADMINISTRATION REPORTS K-1. City Manager -- Acting City Manager Semmens reported the following: • Testified several times the last week on PERS biIls. • Traveling to Juneau to work with ANIL on PERS issues. • Said City Manager Koch felt his time was well spent in Juneau. last week. K-2. Attorney -- Not present. K-3. City Clerk -- No cormments from Deputy City Clerk Lockwood. ITEM L: DISCIISSION L-1. Citizens Chris Focsa, VIP Subdivision, Kenai -- Expressed concern over any potential tax increases. L-2. Counci4 Moore -- Mentioned the first meeting of the KenaiJSoldotna/Borough joint comnttee on the hydrocarbon problem in the Kenai River is March 26 at 7 pm in Kenai Council Chambers Swarreer -- Requested the Wfldlife Conservation Community Program be considered for an AML award. Ross -- No comments. 16~ KENAI CITY COUNCIL MEETING MARCH 21, 2007 PAGE IO Molloy -- Noted the Airport Commission had requested a memorandum from Administration on the reasons why Administration chose not to implement five recommendations from the consultants; requested the City Planner make a presentation to Council on Ordinance 2222-2007 to clarify any questions Council might have. Boyle -- Agreed with Couneff Member Molloy on a presentation by the City Planner Eldridge -- No comments. YTEM M: PENDING LEGISLATION (Items listed below are Iegi_siation which wdl be addressed at a later date as noted and are not action items for this meeting.) Resolution No. 2007-05 -- Approving the Lease Form for Leases for Airport Land Outside of the Airport Reserve. (Tabled to April 4, 2007.} Resolution No. 2007-06 -- Approving the Lease Form for Leases of Airport Reserve Property. (Tabled to.4prii 4, 2007) Ordinance No. 2202-2006 -- Amending KMC 11.05.090 to Limit the Use of the City of Kenai Boat Launch, Located at the Municipal Harbor, to Vessels and Boats Powered by Four-Cycle or Direct Injection Two-Cycle Engines. (1 /17/07, Tabled, rea time certain.) -- None Scheduled ITEM M: ADJOURNMENT There being no further business before the Council, the meeting adjourned at approximately 9:07 p.m. Minutes submitted by: Jenifer C. Lockwood, Deputy City Clerk 166 ~ ~ ~ _ ~ W M O Q ~p W N ~ W V Z N Z =O J Q = J J #- Z 117 ~ 4 Z A. O p ~ H 4 U a U U z ~ ~ U z z a z a uof ~ a ~ a M r Z N V ~ 0. a ~ C U 4 U J of K K ~ ~ Q ® 4 ¢ ¢ g o d 0 o ,. o ~ O Y ~/J '„ V d W ~ U O W ~ Z Z ~ ~ .. ._. ....m .. _~ . a _ _ U O ~ ° Z ut v v q O ~ ~ .d ~ U 167 z~ 0 a 0 0 m M O O tO O S] tCj N J G } d R Q J U Z O V 0 w ua 2 z U ~ °a O N C tl~ O ~ O Ki' W CS ti; if1 Q n z ~ w ~ tei w ~ '~ 2 U a ~ ~ O n. U a LLI Q z 0 ax O [i z_ w O ti J W ILL iu 0 Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2223-2007 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $75,000 IN THE SOCCER PARK CAPITAL PROJECT FUND. WHEREAS, bids for the Soccer Park and additive alternates exceeded funds appropriated to the project; and, WHEREAS, it is in the best interest of the City of Kenai to complete all four soccer fields and the parking lot; and, WHEREAS, $75,000 in additional funds are necessary to complete the project and provide a $20,000 contingency. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Apprapriatian of Fund Balance -Reserved far Athletics $75,000 Increase Appropriations: Transfer to Capital Projects Fund $75,000 Soccer Park Capital Protect F~xnd Increase Estimated Revenues: Transfer from General Fund $75,000 Increase Appropriations: Construction $75,000 PASSED $Y THE COUNCIL OF THE CITY OF KENAI, ALASKA, this IBti~ day of April, 2007. ATTEST: PAT PORTER, MAYOR Carol L. Freas, City Clerk Introduced: April 4, 2007 Adopted: .April 18, 2007 rT Effective: April I8, 2007 Approved by Finance:.-n4:. (03/30/2007] hI 169 Suggested by: Administration CITY OF KEY3AI NO. 2284-2007 AN ORDINANCE OF THE COUAiCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $322,000 IN THE STREETS AND SEWER CAPITAL PROJECT FUND FOR PUBLIC ROAD, WATER, AND SEWER IMPROVEMENTS. WT-IEREAS, the State of Alaska awarded a grant of $322,000 to the City of Kenai for road, water and sewer improvements; and, WHEREAS, it is in the best interest of the City of Kenai to utilize these grant fixnds for these improvements. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Street and Sewer Capital Proiect Fund Increase Estimated Revenues: State Grant $322,000 Increase Appropriaiions: Construction $322,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18N day of April, 2007. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: Adopted: Effective: Approved by Finance: /" ~ ? (03/28J2007~ hl April 4, 2007 April 18, 2007 April 18, 2007 170 "~ffe W~~t'( i~ -~1d,5~ tilGy Rk!l f~,f ld~`4tJ~'G'~r 2I0 Fidaigo Avenue, Kenai, Alaska 9961 I-7794 ~~fti Telephone: 907-283-3692 J FAX: 907-283-3693 _ _ _ ~, t~fE GLEy 0 f ~~~ ~ I~®~tvD~rM To: Rick kaeh, City Manager From: Robert J. Prates, Parks & Recreation Director Date: March 27, 2007 RE: Beautifcation Committee - Qnarteriy Meetings The Beautification Committee during their Last regular meeting of March t3th discussed suggested changes to the Kenai City Council Policy far Comrnissian, Committee, Board and Council on Aging Meetings and Vdork Sessions. The committee would Like to recommend to Council they meet quarterly. The suggested months ine}uded March, May, Iu}y, and September weth special meetings as needed. Ce: Caro1 Freas 171 CITY OF I~ENAI "Village with. apart -- City with. a future. " `",,N„~~=i ` BACKGROUND AND PERSONAL DATA - <;r :<;, ~ ~ CANDIDATES FOR APPOINTMENT COMMITTEES AND COMMISSIONS E/~e city o{ RETURN TO: KENAL CITY CLERK 210 FIDALGO AVENUE KENAY, AK 99611 PHONE: 2$3-7535, EXT. 231 FAX: 283-5068 DATE: J "off-r~-~^ Q NAME: s"- C~ ~ '~-'~- Resident of the City of Kenai? '/4'`~ , / How long? ~~3`t2S Residence Address o~~ ~ f ~/il (7~-L. ~ 1 Ca'!7 ~ ~R ~ l~{c N~ ! ~ ~ .~/C~ ~~ ~/ Mailing Address S'.~~Jc Home Telephone No. ~n Fi'~ ` `7Y-at-~ Home Fah No. ~-- Business Telephone No Business Fax No. Email Address: May we include your contact information an our web page? ALL If not a11, what information may we include? _ a EMPLOYER: ~"_, I i t? L ~ - ,~{ ~, t/~'S r~ Tcb~! tc%. Job Title ~'~~~ "_~~''~~~ NAME qF SPOUSE: ~3 ~ ~ ~ G'.•= 4~~ V--.s•. Cwxent membership in organizations: Aronft= ~~ ~~ ~' ~ ~ `.~~1~` Past arganfzational memberships: ,~ E( ~ S ~, a ~~, iG~~f ~~ WIiAT BACKGROUND, EXPERFENCE, OR CREDENTIALS DO YOU POSSESS TO BRINC TO THE BOARD, COMMISSION OR COMMITTEE MEMBERSHIP? ~. ~/~~~~~~ Signature 172 COMMY EES OR CO ISSIONS IN WHICH OU ARE INTERESTED: MAR-28-07 FRI 06:08 PM JEM CRRTER 6025664474 P.02 / .' 4r CITY OF KE1'~A.I '~ ~Ilage evitll a pnsT - L'dty wdth a future. o, BACKC3ROLIND AND PERSONAL DATA - )ATES FOR APPOINTMENT CO~dITTEE$ AND COMMI$BiONS TQ: KENAY CITY CLETd%i 210 FIDALOO AVENUE EENAI, AIi 99611 PHONE: 288-7535, ERT. 231 ~`aR: 288.5068 I>aTE: 3- z~ - 0 7 NAME: Sup CSR-+zT~2. Reaidea4 of the Gity of Keaal? ~ ,H/om 1nagP _ Sih~G`ra / `~ 7 `~ $esideaca Addreax n1 LJ D S ]71 I.l ~ - 1`+E'/A-+ Matlio8 address (~/ aCl ~.. - I~.L-'~JA-r Home Telephone No. ,`fG'7- Z-~3 ~ l ~~.~-. Home Fax No. 90~- 2.83- r 9.27 ~ Business Telephone No -'- Business Fax No. - Email Addze --~~Y?~Y ~"~- ~ ~_-~-~~'r May we include your asntact information on our web page? ALL ff not all, what informatian may we innhtde? _- - YSIHII'IAYER: Job Title ~~~2E~ CO EES OR COMMISSIONS IN WHICH YOU ARE YN'TEREE~BD: f, E7/~ r I n;e rt, 5 ~l a '7?~C~Ed'~i~ON - YOU WLTH THIS l'r4~ Ks ~'~~cyJ ~ .Cy U' L.t N~ efi n L . 'W'HAT BaCKGRO~IND, E7i~ERIENCE, OR CREl$ENTL4L6 DO YOU I'O$SE6S TO BRING TO THE IitAAIti3, COMffiI88YOYdORCO E ~~~ ~'iC ~~~2 L P~-7JiN5[.!L ~ r~dl nna Anl Sr ~Fr1 u2'~'ee nJ l~~c bN ~~ r/E+e- L-'L~z rc.,. 73raa~"D' 2t:~ {b des Signature 173 ~,,.'^" NAME aF sPOVSE: Art 5 F ~'4~.-~ ~ 5~ MAR-21-2047 WED 11.20 AM REDOUBT REALTY FAX N0. 9072628853 P, 01/01 CI"I'Y ~QF I~ENAI ,% \\ "~altage weth a. pa.~t- CBty witls a future." ~~, CANDYDATEB FpR APP IO PTTA'iENT COPdNiITT~Efi AND ..:. ~;-,; . '~~ ccsazratssaatcs ~, ah~~ty¢ RETVavI To: 16~,H111,~ ~ rs~Naz cITY' CT.ERiZ 210 AT, AKA gN~'OiE pHaNE: 283-F~ + 8~"606~ I]ATE: -~-d~ NAME: _ Hnw Lat1g? ~--~-" Z2esideat of the City aY1lSanai4 ~ 5 1 6 '_. ~8iaona$ Aaare~ g ,~ '1 2~ ~ Plome Telepho~ ~ ~ d Malting Eldeireee _ Businaes Telephone N°_.~.~-~- ry~ Hame ~'ex N°. d~j `~-~~--~'- Email Ad ' Husiness Rax No, hs.~----~---- e? ALL Tf zw ail, what inf°rmation may we May we include your c°ntaet inf°rnsatx°n ou °ur wcla pag include? ` Sob Tine ,~- ~ i 4 ~~~ ~~ EMPLOY'E&: ° NAME a~F BP0178E: e" Current rnembershig ixa argsnisattane: Past ar~en3zati°nat sauewberehipss: aR CCIMMI88ION6 IYd WHTCFt YOU _ ~ -'~~,.._a pa sov WAtaT TQ 8E z~voavEn WTT~ Olt GttA9MPTTEE? WHAT BACICG'1tOt7Nd:b Lr~QE`gt6"t~CE, OR C$EDENTW+6 p0 YC1t5 gt2S8EB8 TO t31$tfilG TQ THE $OAF79s -- -- -__..a:....R.mz+ w^'a!MA7CR8'£$YP? ~ , n ._ t Li b. ~"f L.M t~ ~"^ CITE' C.~F I~EI~t~I "Village with apart -- City with a, future. " `rte"<"° '' SACFftsR®UND ANI3 PERSONAL %3ATA - ~~. CANY7IDATES FOR APPOINTMENT COMMITTEES AND ., - - - COMMISSIONS RETURN TO: KENAI CYTY CLERE 210 FIDALGO AVENUE KENAI, AK 59611 DATE: NAME: Resident of the Citg of Kenai? Residence Address How long? ~~;~~~ , 9. Mailing Address ~ ~' ~ei~.~i2-vzs?.e~ e -Home Telephone No. E~:~ ~1 ~.1~ Home Fax. No. _ ~ __ ~ Business Telephone No~ _ Business Fax No. Email Address: May we include your contact information on our web page? ALL If not all, what information may we include? 1- ~ g~ EMPLOYER: NAME of SPOUSE: Job Titie COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: 175 PHONE: 283-7535, EXT. 231 FAX: 263-5088 WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS ISO YOU POSSESS TO BRING TO THE BOARIJ, ~.VGf(a~'e WG~bl ~ PaSt, GG~1 Wlt~ ~ Fr~tcGYe ~~ -.,,~;~ ~~, 210 Fidaigo Avenue, Kenai, Alaska 99611-7794 '~ Telephone: 907-283-75351 FAX; 907-283-3014 C (~ 1 1992 f~iP Gl~l G f KENA~ 5KA TQ: City Council FROM: Rick Koch, City Manager DATE: March 3®, 2D07 SUBJECT: Kenai Peninsula Brown Bears Anew Junior A hockey team will. begin operations on the Peninsula beginning this fall, the Kenai Brown Bears. There are two other Junior A Learns located in Alaska, the Fairbanks Ice Dogs, and the Alaska Avalanche (Wasilla}. All. three teanrs are franchises in the North American Hockey League. The Kenai. River Brown Bears will beholding open tryouts for the team on May 25th, 26th & 27th, at the ConocoPhillips Multi-Purpose Facility. In addition Coach Nate Kiel will beholding apre-tryout skills development camp begiruvng May 2155 and ending May 24a' To support these activities, ice will be put back in beginning May 19a', and will be taken out immediately following the Kenai Brown Bears tryouts. 176 "(/i°fla~e ufitl~ a Fast, Git~ wit~i a Future" ,~-~~~ ,, 210 Fidaigo Avenue, Kenai, Alaska 99611-7794 Y _~ , Telephone: 907-283-7535 /FAX: 907-283-3014 i I~ i 1992 t~tG ~Gily o f ~~ KERAI~vAJI/ASKQ ~~ ~~ s TO: City Council FROM: Rick Koch, City Manager DATE: March 23,2007 SUSJEGT: Spring Ice Session 2007 Coaches Nate Kiel entered into an agreement with the City to use the ConocoPhillips Multi-Purpose facility for instructional hockey, a 3 on 3 league, and a 3 on 3 caurnament. These activities take place beginning March 26t1i through April 15Yr The agreement between the City and'. Coach Kiel provides for the City s expenses in maintaining ice through this period with atiy excess revenues being paid to Coach Kiel for his efforts. The good news is the programs are successful. The participation is as follows: Number of Program Com op Went Planers 3 on 3 League and Toun~ament 58 Private Lessons 6 Instructional Camp 17 Some players are participating in mare than one program component As part of the overall program shinny hockey is offered for ages 14 and wider, and 1> and over, each day. Credit should. be given to Coaches Nate Kiel and Vince Redford for undertaking this activity and Bob Frates for coordinating the programs. I have attached the schedules as of March. 23'~ for your review 177 A .~ as O Q L a ~. o. a 0 cs 0 c 0 U .~ c Y t- .L Q Q .~ N V ca 0 d a~ L 0 w. ~n .y v Q as ~a v u7 ~,~ .,_~ .U I- ~~ u. c ~ c°v ~- a ~~ ~~ ~4 ~~ ~. o ~~ ~ ~ ~' a `' 0 a., ;~°' o °-y v. o °~ c v a¢ U "- 0 °~e ~ c ~ ~~ Y ~ t v iiti a a d dom c " " a a : o .. - ; s ~n o ur ~ o ~n o ~ O ~ ~ ' ~ ~ 4 ~ ~ fV 5~Q „vi M ~~'~~ ~ ~ iG 1~ 4f ~ ~ y ¢ a N a g a ~ a a> . o . in et o O o .~ us M d; o O r hl M C 4F~" tC fC Z N ~ ~~ a a a a a a d a r' ¢ ~~' °o °o $ o o g o o a + /1 = ~ L ~ ~ ^ 0S~- l ~ , ~- ~ ~ ` ~ ~ N ~ ~ ~ ~> ~ ~ Q tr O ~ ~D ~ r H °_' ~ F C3},y `c N ~ L N ~ N ~' N .L N '2 N "2 N R( ~ ~~ ~ V c V C' C' +Y M < « h ~, ~ ~qj~.~,., O N ~1' J M M V~ 4 ~¢i f.: a ~L L ~ '~" ~ a a ~ a ~ a ,~ Q ,- ~' ~ ~ m n a n ?. ' ei ~ 4 M ~ . ` < ~ g ui ~ to ~ ti g g ei ~ d ~ ~ ~ LL : ~~~ n a g a ~ a cr a ~ a s ~" O O ~ ~ O [7 0: i @ N v ici io r. ~: d ~. L O ~" N r a a a. y a a a ~, ~ e Q r ; M LLJ ~} 0 M 0 V h CO') 0 W ~ N 4~ ~ m ~ Q : a ~ a a a a c ;~ , T y . = C9 ~ °o ~ - n~ ~ m v~ fl Q e L~ iri m m n: ~~ U ~ ~x~ Q ' r ~ O° 0 ~Pfl {y9. M V h M~ m x to ^ ' ~ RA ~ N ~ ~ (06. 0 ~ ~ ~ ~ ~ ~~ ~ a a.?'a aa 0~ aN d~ U ~ a H -- C(? sa~~ r~ v v w~~' u~ a ~ ~ h ~ d d y `y ~ y ~ ''':~ Em s ~ °c d c~~v ~~E,.- a ~a ay a a a o d xs ~a ~a `~ ~ E r it ~ ui g 'm m io ~.. ~ W a W6 il~~~ n ~r°-~ nal ~~n41 i~m ~~ g~ t~ H '~° ? E c E cM~4, ° c a a s ~ f a a . a i i a l9 Z m U (n U c CJ 'P o a f/1 M Y c O -vn e- O o M. py IA ~n ~- l0 o M 1` n P ry h S V j m .~ e ~~ ~~" a a a~ 2 a ~ a~ ~~ 0 M r M M V m 4 ~ rn ~ ~ . -- v ~ ~ti lio m to ~ n g ry m ~ ~ ~ m ~ ~ ~ ~ ~ a a a a a a ' ' ay ' .: e~%~~; ~ v iii ui m ro r. r. ~ 180 Proaoct Status Report A=Active NC=Non-Construction F=Future STIP=State Trans. Imp RK -Rick Koch JL -Jack La Shot RS -Robert Springer MK -Marilyn Kebschull Jet -Jan Taylor A/N6/F/ Gtky Contact Pretest Name States sty A JL Airport Parallel Taxiway Glosing out -liquidated damages resolved. A JL Airport Runway Safety Generators have arrived. Still waiting for FAA Zone{Extension funding for further phases. Cold year may affect summer startup. A.. MK Airport Supplemental Planning Proceeding with impiementafion. Assessment A JL Contaminated Soils -Shop Will connect existing shop restroom fo new sewer. No funds for further work. A RK Kenai River 81uff Erosion The Corps has received funds to help with the Control Project design and answer any questions from the study and agencies including obtaining the Corps Permit. City working with Corps consultant. Tetra Tech main consultant. R&M is drilling monitoring walls. A JL Kenai Soccer Fields Two complete fields, two partial fields, water system, one-half parking lot awarded on 3/21/07. More funds to beappropriated for further work by change order. A RK LID's & Miscellaneous Paving - McCollumlAiiak/Japonski LID; Angler LID; Set Net 2007 LID; and Miscellaneous Paving Projects are being engineered by Nelson & Associates for bid in March and completion this summer. A RK Water System HDL is reviewing files on wells and treatment. At issue: WH2 Water Treatment; Arsenic Treatment; WH4; On-site wells for parks; Lawton Dc Water Main; Water Study Update; and activaling old welts. F JL Boating. Facility Exit Road Paving one halt of the parking lot and widen the road. DOT driveway permit onto Bridge Access Road has been applied for. Tuesday, March 27, 2007 Page 1 at Z 181 n~c~i G6ty intact Project Hama Status &iP F LID - 5. Ames antl Thompson Property owners are circulating petitions for LID's Park LID's F LID's -Shamrock Circle Council put this project on hold. Wrote letter asking property owners to suggest method of allocating costs. Have not received any comments from property owners, F JL Maintenance Shop Preliminary plans and specifications complete. STIP DOT -Bridge Access Pathway Pathway along Bridge Access Raad from K-Beach to Spur 3.3 miles... Project in environmental assessment. Design scheduled FFY08. Construction after FFY09. City Manager talking to ADOT. Tuesday, March 27, 2007 - Page 2 of 2 182 INFORMATION ITEMS KENAI CITY CCSUNCIL MEETING April 4, 200 L 3/30/2007 Purchase Orders Between $2,500 and $15,000 for council review 2. 3/21 /2007 US Army Corps of Engineers Public Notice of Agplicationfior Permit 3. 3/28/2007 Fronfier Community Services 4~~ Annual FCS World Series Baseball Game letter 4. State of Alaska, Dept. of Transportation & Public Facilities Announcement, STIP Amendment # 13 5. First Quarter 2007 Kenai Visitors & Cultural Center The Mouth. of the Kenai 183 H Z N O o O ~ O ~ s O O O O ~ ~ f!J W N W c- N w N , n V O ~ = a F ~ z z z o o ~ ~ a o ~ m ~ m a ~ c n ~ z z w z ~ 0 v a , 0 a y m a w m m w ,J {~11 w o U d o N ~ o ~a o ° ~' u~7 N ~ a w ~ ~ °o ' ~- ~ ~W °' us ~ c9 ? w p ~ ~ ~ a ~ o 4 ~ ~ ~ ~ ~ w R a o a a w ~_ `~ z ~ w~Lt1 ~ N U W 7 f ~ 7 W U d' ~ ~^ O j N n d D3 fn N Z J W 4 O P U F- U m Li. ~o ~ ~ ~ o W ~ Z ~ ~ ~ Z Z O W ~ d O W O ~ ~ 0. ~ V U ~'i ~ w Z w w s `v a o w ~ w r- = r- ~ ~ a w u"a z ~ z p p a > ~ a o ° a U z 184 f r r i Regulatory Divis:.on (1145) CEPOA-RD-S-K 805 9rontage Road, Suite 2000 Kenai, Alaska 99611-7755 PUBLIC NOTSCE DATE: March 21, 2007 EXPIRATION DATE: April 20, 2DD7 REE'ERENCE NUMBER: POA-2D05-1331-4 WATERWAY: Unnamed Tributary to the Kenai River Interested parties are hereby notified that an application has beer, received for a Department o' the P.rmy Hermit for certain work in waters of the United States as described below and shover. on the attached plan. APPiT CANT: Wal-Mart Stores, inc., 2001 SE 10th Street, Bentonville, Arkansas 72716 AGENT: Matthew Hemry, Shannon 6 Wilson, Inc., 5430 Fairbanks Street, Suite 3, Anchorage, Alaska .99518 LOCP.T ION: The proposed project is located within section 33, T.6N, R.114?, Seward Ideridian; Latitude 60.5635° N., Longitude 151.2250°.W. in Kenai, P.laska, Kenai Peninsula Borough Parcel No. 043-36i-G2. PURPOSE: The project purpose is to build a Wal-Mart Superc>_n*_er retail store WORK: The discharge and grading of excavated material in`.o wetlands fer the corstruc*_ion of a 290,200 square footnuiiding with paved parking areas and amenities. The amount of fill involved would be approo-:imately 19,000 cubic yards of graded sand and gravel material placed into wetlands, resulting in the loss of approximately 1.99 acres of wetlands. Plans for the proposed work and location of wetlands can be found cn sheets 1-6, dated March 19, ZOO i. ADDITI OiQAi, INFORMATION: An approximately 5.5 acre structure is planned to be built for the retail store. To meet the needs of the local market and Wal-Mart's preferred requirements, an additional 2G.7 acres of theproperty have been designed far paved parking spaces, access to site, circulation areas, future outlots and pedestrian amenities. Currently, th=re is not a city stormwater system in the proximity of the property. To provide on-site stormwater treatment two bioswalesi detention areas will be 18~ constructed along the east property boundary. The bioswales/detention areas are preliminary designed to retain a 2 year, 6 ho~xr stormwater event. During major storm events the water may overflow from the detention area. As shownon Sheet 2 of 6, overflow spillways will be placed on thedawngradient portion of the bioswale/detention areas and will be designed to only overflow whom the entire bioewale/detention area is flooded, as shown on Sheet 6 of 6. There will be no culvert conveying the water to the nearby wetland and anadromous creek location. Instead, the water will naturally flow over to the area south. The approximate distances from the northeast and south bioswaleJdetention area spillways, to the unnamed anadromous creek to the east is approximately 260 feet and 215 feet, respectively. MITIGATION: All wetlands located on this site will be filled. The applicant has proposed no mitigation. WATER QUALITY CERTIFICATION: A permit for the described work will not be issued until a certification or waiver of certification as required under Section 401 of the Clean Water Act (Public Law 95-217), has been received from the Alaska Department of Environmental Conservation. COASTP.L 20NE MANAGEMENT ACT CERTIFICATION: Section 307 (c)(3) of the Coastal Zone, tanagement Actot 1972, as amendedby 16 V.S.C. 1456 (c)(33, requires the applicant to certify that the described activity affecting land or water uses in the Coastal Zone complies with the Alaska Coastal Management Program_ A permit will not be issued until the Office of Project Managemen*_ and Permitting, Department of Natural Resources has concurred with the applicant's certification, PUBLIC HEAPING: Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application. Requests far public hearings shall state, with particularity, reasons for holding a public hearing. CULTURAL RESOURCES: The latest published version of the Alaska Keritage Resources Sur<~ey (ARKS) has been consulted for the presence or absence of historic properties, including those listed ir. ar eligible for inclusion in the National Register of Historic Places. There are no listed or eligible properties in the vicinity of the warksite. Consultation of the AHRS constitutes the extent of cultural resource investigations by the District Engineer at this *_ime, and he is otherwise unaware of thepresence of such resources. This application. is being coordinated with the State Historic Preservation Office (SHPO). Any comments SHPO may have concerning presently unknown archeological or historic data that may be lost or destroyed by work under the requested permit will be considered ir. our final assessment of the described work. TRIBAL CONSULTATION: The Alaska District fully supports tribal self-governance and government-to-government relations between the Federal government and Federally recognized Tribes. This notice invites participation by agencies, Tribes, and members of th.e public in the Federal decision-ma}:ing process. In addition, Tribes with protected rights or resources that could be significantly affected by a proposed Federal action (e.g., a permit decision) have the right to wnault with .the Alaska District on a government-to-government basis. Views cf each Tribe regarding nroteated rights and resources will be accorded due consideration in this process. This Public Notice serves as notification to the Tribes within the area potentially affected by the proposed work and invites their participation in the Federzi decision-making process regarding the protected Tribal right or resource. Consultation may be initiated by the affected Tribe upon written request to the District Bngineer during the public comment period. 2 186 ENDANGERED SPECIES: No threatened ar endangered species are known to use the project area. Preliminarily, the described activity will not affect threatened~or endangered species, ormodify their designated critical habitat, under the Endangered Species Act of 1973 {87 Stet. 844). This application is being coordinated with the U.S. Fish and Wildlife Seraiee and the National Marine Fisheries Service. Any. comments they may haveconcerning endangered or threatened wildlife or plants ort:neir critical habitat will be considered in our final assessment of the described work. ESSENTIAL FISH HABITAT: The proposed work is being evaluated for possible effects to Essential Fish Habitat {EFH) pursuant to the Magnuson Stevens Fishery Conservation and Management Act of 1996 (MSFCMA), 16 U.S.C. et sea and associated federal regulations found at 50 CFR 600 Subpart K. The Alaska District includes areas of EFH as Fishery Management Plans. We have reviewed the January 20, 1999, North Pacific Fishery Management Council's Environmental Assessment to locate EFH area as identified by the National Marine Fisheries Service (NMFS}. We have determined that the described activity within the praposed area will not adversely affect EFH, including anadromous fish and federally managed fishery resources. EUALIIATICN: The decision whether to issue a permit will be based on an evaluation. ofthe probableimpacts including cumulative impacts of the proposed activity and its intended use on the public interest. Evaluation of the probable impacts, which the proposed activity may have on the public interest, requires a careful weighing of all the factors that become relevant in each particular case. The benefits, which reasonably may be expected to accrue from the proposal, must be balanced against its reasonably foreseeahle.detrimerts. The decision whether to authorize a proposal, and if so, the conditions under which it will be allowed to occur, are therefore determined by the outcome of the general balancina process. That decision should reflect the national concern for both protection and utilization of important resources. Ail factors, which may be relevant to the proposal, must be considered including the cumulativs effects thereof. Among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, floodplair. values, land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. For activities involving 404 discharges, a permit will be denied if the discharge that would be authorized by such permit would no*_ comply with the Environmental Protection Agency's 404tb};1) guidelines. Subject to the preceding sentence and any other applicable guidelines or criteria {see Sections 320.2 and 320.3), a permit will be granted unless the District Engineer determines that it would be contrary to the public interest. The Corps of Engineers is soliciting comments from the public; Federal, State, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps of Enaineers to determine whether to issue, modify, condition or deny a permit for this proposal. Tc make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the ether public interest factors listed above. Comments are used in the preparation cf an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Pclicy Act. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the praposed activity. 3 187 Comments on the described work, with the reference number, should reach this office ~~ no later than the expiration date of this Public Notice to become part cf the record and be corn idered in the decision. Please contact FcrTM-s t. E. McDaniel Ut !907j ~~&3- 3'019, or by email at Forrest.e.medaniel@pea02.usace.army..r;).`i. if furtherinforrratior. is desired concerning this notice. AUTHORITY: This permit will be issued or denied under the following authorities: (X) Disciarge dredged or fill material into waters of theUnited States - Eection 404 Clean Water Act (33 U.S.C. 1344) Therefore,.our public interest review will consider the guidelines set forth under Section 404 (b} of the Clean Water Act (4C CFR 236)• A plan, Notice of Application for Certification of Consistency with the Alaska Coastal Management Program, and Notice of Application for State Water Quality Certification are attached to this Public Notice. District Engineer U.S. Army, Corps of Engineers Attachments 4 188 SARAH PALIN, GOVERNOR 1 E~ , DEPARTMENT OF NATURAL RESOURCES OFF{CE OF PROJECT MANAGEMNT-AND PERMITTING OFFICE OF PRO.IECT MANAGEMENT AND PERNIIT'TING 550 WEST 7rH AVENUE, SUITE 705 ANCHORAGE, ALASKA 99501-3559 PFIONE: (907) 269-7470/FAX: (907) 269-39$1 NOTICE OF APPLICATION FOR CERTIFICATION OF CONSISTENCX WITH THE ALASKA COASTAL MANAGEMENT PROGRAM Notice is hereby given that a request is being filed with the Office of Project Management and Permitting For a consistency determination, as provided in Section 307(c}(3) of the Coastal Zone Management Act of 1972, as amended [ 16 U.S.C. 145G(c)(3)], that the project described in the Corps of Engineers Public Notice No. POA-2005-1331-4, Unnamed Tributary to the Kenai River, will comply with the AIaska ' Coastal Management Pragrarn and that the project will be conducted in a manner consistent with that program. The Office of Project Management and Permitting requests your comments, particulazly on the proposed project's consistency with the affected local coastal district management program. For more information on the consistency review contact OPMP at (907) 269-7470 or (907) 4b5-3562, or visit the ACMP web site at http:/iwww.govstate.ak.us/gdcJProjectsiprojects.htrnl. Attachment 1 189 C _V J 0 m M `4i m tLI C (6 'S NI 4 u7 0 d c m 0 J dl j;! m c W V 0 ui 0 0 0 a S Ir_----------'`-- --- 1~ ~' __ ,~ it If' 34~'_-=_-^_ t~ It, 4~¢ 11 ,1 n \~! I ~I ~~ u ~z5 f y E `aU'" ~^ to w Ct -~ I ~j ~, ~ ~ w I° i ~ i v yi v I> /~ W I v a w i~ w I~ n ~ o z i1 ~ i I n ao ~¢ S p~ 9« Qa m~ ~N g a ~~ e rI n z U ~ ~ '\ I O d~ ~'~~ ~~ ¢~ _o%n \~ ~~ ti~ti ~., a~, I 2pa' EX'~1 ___ ~-s --ddb N y wi- z~}cz-. ~p ~ ~ } x a fC 1tiG d ~~~ I~ ~~~ ~_ U s N 6 R' ~a$ ~I1 W u O U o ~~ ~ NJy~~ N~ 0 Z ~ ° ~ ~ '^ Bu O O o ~ z l0 O (.~ udz2 V4V ~g~¢m W1 J p . 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S~ F 1 K~ 195 SARAH PALIN, GOVERNOR L dEPT, OF ENVIRONMENTAL CONSERVATION DIVISION OF WATER 401 Certification Prograni Non-Point Source Water Pollution Control Program NOTICE OF APPLICATION FOR STATE WATER QUALITY CERTIFICATION Any applicant for a federal license or permit to conduct an activity that might result in a discharge into navigable waters, in accordance with. Section 401 of the Clean Water Act of 1977 (PL95-217}, also must apply for and obtain certification from the Alaska Department of Environmental Conservation that the discharge will comply with the Clean Water Act, the Alaska Water Quality Standazds, and other applicable State laws. By agreement between the U.S. Army Corps of Engineers and the Deparhnent of Environmental Conservation, application for a Department of the Army pertnit to discharge dredged or fill material into navigable waters under Section 404 of the Clean Water Act also may serve as application far State Water Quality Certification. Notice is hereby given that the application for a Department of the Army Permit described in the Corps of Engineers' Public Notice No POA-2005-1331-4, Unnamed Tributary to the Kenai River, serves as application for State Water Quality Certification$om the DepartmentofEnvironmental Conservation. After reviewing the application, the Department may certify that there is reasonable assurance that the activity, and any discharge that might result, will comply with the Clean Water Act, the Alaska Water Quality Standards, and other applicable State laws. The Department also may deny or waive certification. Any person desiring to comment on the project with respect to Water Quality Certification may submit written. comments within 30 days of the date of the Corps of Engineer's PublicNotice to: Department of Environmcnta] Conservation WQM/401 Certification 555 Cardov~a Street Anchorage, Alaska 99501-2617 Telephone: (907} 269-6281 FAX: (907} 269-7508 Attachment Z 190 m ~4 ~~ ..~ ~. 1' ~` f ,. a 'i ~M~~~r tt' . S` a ~• Z ~ a o q ~ J ~a ~ m ~ o e Y > z c.~ F 4 d d b0 T ~df ~ d F ~ 7 d YI R 6 VJ p ~G44dU •p d dVi •O .~' °o~q~~ ~ ~FVC7 7 ° 'x vi ~ U '~i ~ h O ~ N W 0 ~ rl 'i a .~ 0 H ~ N u m "m U L N a w o .~ , o ~ m ~ i ~ a r m o ~ ~ a ~ ~ ~ o o uz ,® '~ ~ o ~ ~, ro w ~ ~ 191 ~ ~ _~~ + z r o . ~ Z i S~~ " c~ __~ ''~ ~ ~ ~ ~ o "l _ a ( p~ w¢8p w b N N ~~ \ 2 +~ ( J5 ~aacrc 3 ~_ '~ ~~ \ `a ~ V ~P oa aoom jm 0 U ~ ~ F~ x~ N H M R ~ ~` f w C' a o Oi ~ d 1 ~ ~o~i <~ ~ ~ ~ .,`i ~~J~ ~ ~ t N N<€ aW`` sg B ~'~\ I EU ea~j~ wa C~ ~ "c'°\ }`a ~, 'fit o z`O :o~x ~i°u ` ~ \ C Y ~M1p ~ ` V ^ U ~ ~. ~ j G P rjZ~ ~~ ; H D NI ~ ~`~. A //~~~ ~1 1 V Vi ~j ~ ei }q ~. o i m o~ ~ y m ua O rc i N Vt ~i o i i U u~ 1 ~ k 2 G o ~ 1 N ~ u ~ I O fi 0 ~- « ~ % ~ c W 3 V~ C ~ = ~ 1 ~ m ~ 8 1 a I ~ ~1 I o ~ 1 1 ~ m I ~' ~ ~ o W i U N 9S W 0 110 ~ 1 0 u`s 0 0 "J, w ~ ~ t m z o ~ _ s a ~~ 2 2_ ~ N¢ E ~ ~ ~~ Q ~ ° t3 ~ LL I ~~ ~~/ 196 Mayor Pat Porter , City oS' Kenai 21 O Fidalgo Avenue Kenai, AK 9961 i, 907- 283-7535 ext. 231 March 28, 2007 gear Mayor.Porter, Frontier Community Services is delighted, to annauncp the 4u` Annpal FC5 6Vorld Series Baseball Game., .lain us for a day of the great American pastime oq Saturday June 30, 2007 from' 12 - 5 pm at the SoldoUta Little League Field, 390 Kaiifomsky Beach Koad in Soldaura. This event, co-spansot'ed, by City n£ Soldotna; 3oe Malatesta and Soldot'na Little League Association brings baseball to the field for individuals with 'disabilities throughout ehe Kenai Peninsula, Valdez and Wasilla..Fesriviraes include a full picnic, fun activities and opportunities for community interaction annually. PCS has provided services for disabled Alaskans for over 25 years. Qur consumers range in age from newborn to senior years: FCS World Series Baseball gives consumers an occasion. to have fun with thew peers from FCS and. other service organizations. It would be our.. in•eat pleasure to include your. office in the day's events. Please contact Kathy Kenner, FCS CJffrce Manager at (907) 262-6331 for details and a schedule of opening ceremonies events.. We look forward to seeing yqu on the field >> ~~ ~.~. ~_ z ~~~ ~~ 7 2u~,~ t 7. Kenneth Duff, Executive hector. Frontier Community Services ~ n, ,...,..,..., a 197 Jo : t'~ i~ Kr~cJ~ !-tt.+rr~ Sernme,ns ~~.c(~ 1sc51wt~ ~OUILCNR~HPALIN, GOVERNOR -k i" ~ ~ """" ~ ~ ,.. /d r '~ ~ h t 1 ~C@C~ 5 ~C4 -' ~ ~~~ ~~ i ~ ._ DT!11PARTMENTOFTRANSPORTATIONANDPLBY,ICNACILITIES ~~ anaAVtATroNAVeNUG i P.G. BOX 99690E i`~ ANCHORAGE, ALASKA 99519-69GG 1 (907, 269-0520 (r'AX 269-C52i) CENTRAL REG7DN - P! ANNlNG ~ I7TY 269-0473) ANNOUNCEMENT STtP Amendment #13 Available for Review Comments due Aprii 6, 2007 The Department of Transportation and Public Facilities recently announced that the Draft .!amendment #13 to the 2006-2009 Statewide Transportation Improvement Program (ST1P} is available for public review and comment. W e want to make sure that yon are aware of this announcement, and to remind you that ail comments are due io this office by April 6, 2007. You can access Amendment #13 on our web site at the followhig link: httn:/Iwww.dot.state.ak.us/stwdnlneJcin stivlassets/06 08stip/06 OSamendments7Dra$STIP'Ame nd13-2007-03-OS.ndf You can also search for specific community projects or individual projects by using the following link: http:!lstip.dotstate.ak.uslsearch amd.cfm The enclosed letter from Comrnissian von 5cheben highlights some of the changes to the STIP in this major amendment. if you have questions on specific projects, please contact the appropriate Area Planner as shown. an the enclosed map. Please send your comments to: Sohn Tolley Claieff of Planning & Administration DOT&PF P.O. Bos 196900 Anchorage, AK 99519-6900 ~: ~ ~ .. ~~~ a~ r I ROAR 2 ? l~Ur k We look forward to hearing from you. Please contact us at {907) 264-0520 if you have questions or need assistance. Sincerely, ohn . Toll~y, ,hief of Planning & Administration 198 ~ ~ i .~~ ~ ,e,'~~ ~ , ~'~ ..r ~ls~ ~ {,~, ~ ~ r,~~ ~1 ~ 1J IJ il J~ OFFICE OF THE OOMMtSSiONER March Z, 2007 Dear Alaskan: sARAFt PAIN, GOVERNOR 3132 CHANfJEL DR1Vc' PQ box 712500 JU~~EAU, A~SKA 9967 ~ 2500 FAY,) (807,' 58E-71355 PHDNE: (607) 4553830 ule present this maior amendmen± rtl3 to the 2006-2005 STIP for your review and oorauent. It makes si~°niizcant changes that urill affect Alaska's transportation development for the neat several years. Examine it closely and let us irnow your. thoughts on the aifrinuli choices we must rnalce to build tine transportation system to cart' the state forward. Comments are due to us no later than April b, 2007. The. most signifinant change is the addition. of a fourth year, rFi 2009, to the. STZp. SAFETEA-LL', the transportation authorization act enacted in August 2005, made a number of changes in the way state transportation departments nationwide do business. Fn adaition, changes to federal transportation planning regulations fiat r•~ere recently adopted impose significant burdens on the department. It will be much more du`ficul*. to develop and orange the STIl' after July I, 2007, when the new requirements are scheduled to go into effect. This amendment is iniended to ea~tend the exisring STIP, developed under the old rules, an additional year; giving the department mare *ame to adap*. to iha new requirements. VJe hope this will. result in more preaictaoility and stability for the state's transportaticn contractors, cities, boroug"ns, and the general public. ~riththis change, weu~ill refer to this version of the S'?'~ and any subsequent amendments as the " 200E-2009 5TZP." . T'nis STII' major amendment includes updated project scope, schedule and cast estimate infomrafion. vJe are continuing to cape with several million dollars in cost overruns as project costs escalate much more rapidly than inrlation i11 general Rapidly rsing costs for basic constrsctian materials as weL as other pressures result in cons by coon bids much higher than previously estimated. Such nverruns inevitably lead to the delay of other pro i ects and result ir_ frustration *hat is f It by all of us. This amendment incl>? des a numbe. of prof ects that we have had to delay to later years in order td make ap for ~anexpacted'nigher corsr-uctinn bids or cost overruns. cTjP ,~, 199 2006-2009 5TIP Amendment #13(Majar}-DRAFT MarchZ007 This STIP amendment shows signiricantly cower funding available beginning in 2009. There are two causes at work: • The SAFETEA-LU legislation contained a planned reduction in the 2009 year. • ine PIighway Trust Fund is racing partial insolvency in 2009. Absent an increase in taxes, the best estimate is that the government wili need to reduce ouflays from the fund by 2d% on a permanent basis re ensue solvency. Correcting either of the above issues will require Congressional action znvalving same type of federal tax increase or. highway users. No broad tax increase on h;ghway users has occurred since 1993. We are optimistic that the projects listed in the amended STIP wilt meet the essential transportation needs of Alaska for the Gaming years. This STIP amendment was developed in compliance with Title 23 - Sdction 135 and the State Planning Regulations. Proj eots that are in au~ auaiitynnn-attainment areas are in canformiry with the State Implementation Plan for Air Quality. The State's iansportatior, system is vital to the wellbeing of every citizen. We take our mission sariausly. The. projects listed in this STIP major amendment will continue to improve the transportation network for years to come. We cook forward to your comments and appreciate your thoughts. Sincerely, /~.~_. Leo von Schehen; P.E., L.S., M.S.A. Corrunissioner ~7Jn 200 I ~ ' kf ~~. y, ~i~ ~4 ~ .. ~3 f ,y. .u .~ C !re ~y }~ '~~ `+C ], r~ J '" ~% ~° ,...- - ~' _ _l. `~ --~ ,r. J ~~ y ~ A Cx ,• v (Y , G• ~ ~(v7:R i4F r4 y~~i r i~ m¢ ~ a t 1 t u c ~}}~.~CC'.R~' .r ~~r M ~` !f rye ~~. .r ~ ' 'm ~ 6 ~~` ~ ~~r ~.. ~. ~~, y~ ,,,} i eri ieY~~ ~I~. f~ .~'R(~ ~ VYC yy.... ti yu+ J' w 1. ~ ~~ y`.k ~ ~+d"~ J t ^+ Y ~~ ( } 1~ '.~ i~,~ ' 1 ~ ' ~.~ ,.- *.. ~, `~ `" »^'' ^, fin' i I { P A4 +. . 4: ~~` Y J~~ ~ s r` ,,~~ .. 'r" ~~ I • ` r ~{ l ~ j 11i f .+' r Y J` ../ rte. ~~! ~' ` '' 7 ~ ~~~ ~ ~ ~ e: ~J. 201 ~.--- - AREA I EMAIL ~ PHOIv'E 30B TITLE Anchorage Area Planner j Area D ' PAST, David ~ (907) 269-0515 (AMATS) Area D '~ P.-4ItMELEE, Mark-I, (907) 2b9-022 _~ Anchorage Area Planner -- _ - Kenai Pennisula & Kodiak Area E V.AIrr~I®VE, Todd i (907) 2b9-OS08 ___...---- Area Planner ~ ...~ J Area F _ ;, SUT~1`g'F. Mary ---~ I (907) 269-0513 Mat-Su Area Planner Jane '~ Area G t~'ANCI~ER, Donald ' (907) 2b9-0516 Kuskohr<uim Area Planner ~ 'Southwest Alaska Area ; Area H ~I I~Eh~'PLEN, Allen ~ (907) 269-0509 ~ Plazzner / Dillingham Area '' ' Plaiuler j Pragra~ns, Budget P/ I Central ,, MA~'C1 Mari< (907) 269-0519 Airport Master Plzals Region Malzager _ _ ^ _ _ __~~_--~ ----_ .... _ _--.._-_ ,__.____.-. Central John ~ T4LLEY (907) 269-0520 Chief, Plaivling & Admin. Region , , ~ , ,Services ~. ~_..- Central ~ ~ Jennifer W ~ i~'ITT (907) 269-0512 ~: Regional Planning ! Re ion g , _i ~ ~. ~_.__.-..... Manager ..~_--- __ I Statewid.e i ... ...~----_._._..-_.~ I WZi~'TERS, Victor (907) 465-3979 Harbors Engineer Statewide j PQT.tJ~EVIN, Jiro 907 465-8564 Marine Highway Planner If you. catl`t identify a point of contact, please send us an email with your questions or comix~ents to Planning Co~nn~cnts~dot.staae.aic.us ai7d we will get it to the right person. aoa t f,~uarter, ZO(E7 tYlemberrh~ kepart Speciul~ventt Pms;,raisrv ~' 6xbiGitr RefSarJ'i Suturdriy hlurieef 1\ieus IG'I~73 Bn~ 20U7 R1einGerrhip L~z~•rc~~~:r I ~.~~~p~ Welcome to ItCVB's quarterly mernberslup newsletter. Thank you Co the KCVB team for your editorial cout:•lbutions and to Tina fox making sense of it all. As you will learn, there have been znanv changes at the CVI3 arnd the Centex. I am excited by the new opportunities these changes are bringiig to our com- ' munity, KGB's membership and Co dte organization. bast month on President'sI>ay, KCtiB's $oaxd of"Duectars spent eight hours of the holiday in a strategic planning retreat at the Kenai Visitors anal Cultural Centex. In preparation fo* the retreat,.70 connnunily seakeholders were asked to complete a questionnaire aslung farrespoases to twelve questions regarding KCV$'s passion, pngxams and operations. It soon became apparent co evezvone that there axe nuo different missions being 12~„ "e AAWRr„ JP1ll'~ffiIPl1X, fOfl1 served; tvlya &enkezs • the desdnation marlced.ng operations of a CVB, and ' ExeruFweDiredor, xCi-B • the rnauagemenC operations for the Kenai Visitors and _, L•:mpto,c3 since Sept. 75, 200A~. Cultural Center ~ICE1CCj. `D'ormer F:aeoutive lltreaar of ':Llnalaska/Port of Duch I-Iarbor `I1ze first order of business was to determine 1L^e xnissiors for rt=~'~ from 7999 - 2004. $achciar both operations, a task made much easier by die sepan~ation. fit tm degree from t)ragr:n Stage Univcrpttl~, m2jodn}, to FRntml, The Poard developed two supporvng missions and then pro- j;os~ur<nii ai,d'i'oar;<rr~ i~farmt;u- ceeded to develop four goals Eor eadn operation. Once adopted,; mern..ILCI-LS }mdnate. In 7983 these goals are to be implemented over a period of 3 - 5 years. 'her family was one of nine sc- Theywill constitute "our eyes an the prize'° and will be the basis 'decred to receivr the c teat for haw tare evaluate our success. The strategic pL~n map be Amencin Fam;ir award prc- a-ented by.~Eirat Ladg Nancy adopted by the. Board of Directors as early as March 26, 2067 liea~sn nt tl,c UA,iM blouse. during its regular meeting. You wi11 find this newsletter packed with invaluable information about the happenings at the CSTB and the Center and the marketing opportunnities for your business. It also should dispel Che myths about it being slow in the winter. While visitation to the Centex is slower, behitd the scenes we are busy with desrinacion marketing and the increase of progxuns and offexitgs at the Center. Plus; this is a good tune of year to take advantage of the wealth of knowl.etlge the offer about the iidustries we serve. Together in pamiexship we will grow visitation to tine Kenai Peninsula and to your business. I~rela~~rr C,)~ar° 2~J % Fleclr,>4l ~~atz, ~~' ~f' Vii; ec1,a~:s 1lexandra "Barba" Lindgren, laresidca[ tvlarinn, Nelson, Director Fred Arnun, Vice President Rny C?rtir, Drrecmr Rvn T4aisron, Secretary/'Pceasnrer teat Smalley, l~Qecttor Barry F.Stdridgc, GIty C.ovncilmcmbev, liaison to the b3a}rot of Kc,tai Jacquic Steckel, i?ive.mr Sharon I3rowcr, Uimctar Robin West, Dueaciz -avid )/dwards-Smith, Director Jvfie Wheeler, S)ia+ctar Robot f~ultan, Director 203 Xenai Visitors & Colossal Curter Gatendar of Events Page 2 All of us here at the %nai Cotrveatioa & Visitors Buxeav wovid like to thank our renewittg members foe your continued supporC. tFJe would also like to extend a warm welcome to our near 2007 members. Thaxil: you for your support and we look forwasd to working with yon. I e.;1,z>aa~r©n Marl~eiin~ With summer just arowad the comer, we axe Cull force with our marketing efforts. The Kessai CVB will be attending the Great Alaska Sports- enan Show at the end of Marcdt,.as wallas the Fairbanks Outdoor SIaow ai April. Anynne iv- texested in this oppovvuity to promote Kenai and your business in nor booth, please let us lutow na later Chart tYfarch 20th. from visitors interested in travel to dre peninsula. We are consistently following up with leads eve- ryday azzd we encourage you to do the same with fire ones you receive through our web site. In additiwt, be on th.e look out for leads from dte Travel Industry Association (nationwide). We will send these to you in our E-Newsletter as they become available. Furthermore, the Kenai C~7~ has partnered with. Akhska Travel Industry Association (CTLA) to provide our collateral at numerous consumer shows this spring across the country. Ln January, we attended two shows with ATIA; one an New Yoilt CitSi and the other in Quattz- site, dZ. We have received 5851eads to date Consumer shows, visitor inquiries, and multiple advertisements in local and nafidnal pubGcadons axe just a few of the marketing efforts we have put fortlh tins quaver. Stay tuned for furore op- pormnides. %ariiati?n tours or "F.3t12 Tours"ate <omplimcatary Coarse armngtt! to• famih'arzze people of janwr pmdutt in c Getderre!!tt at Their tiigmri.~ation. Please earitvet Tana as 1Ge KCLB ifyox mvwld k'ke xa nfJer any &9lVI to our rxmmerriaf/; traxel indutXr~! arrd media ronzacls this spring and summer. ,.. . e. „ ,. „ ,. - ,.. „ ,~ , ,., ., ... , The I{enai Visitors and Culmxal Center is not only home to I{enai's nanrral hisror5r and culmxal collections, it's also the pexx'ect destination Eor pour next meethig or event Fxom our intonate Board Room setting to the Conference Room aecorated with Local art ex- hibits, dhe Kenai Visitors and Cultural Center is able to provide a unique setting fox nay type of went. The Board Room is an excellent choice for small meetings. It seats up to 14 people around the conference table and features adry erase board wall and plenty of windows for aatwal lighting. For lar~r events, the Conference Roam is a. Fiexibte solution. With over 1000 square Feet of space and audioJvidea presenxatiou capabilities, this room can accommodate a variety of needs. Seating can be arranged for up m 100 people theater-style, up to IIO people conference style, and up to 40 people classroom srylo, ronm cazi be added to the Conference Room rental. In addition ro providing an additona125 seats for your event, the Natural Histon~ Roam provides a unique atmosphere featuring 3laska wildlife exhibits. All space rentals at the Kenai Visitors and Cul- twzl Center include basic bevexage,service in- cluding coffeq tea, sad ice water You may hire a caterer for your event and choose to bring a ucensed vendor to dispense alcoholic beverages. A TTr, VCR/DVD player, and wireless intemet are also avail- able fox your use. For more informanon and to receive a quote Eor your next meeting or event, please contact Chip Spangler at flee Kenai Convention and Visitors Bureau. If you nod additional space, the Narural History MrmGersl/rp 'Tina`6cgan voridng w¢h 1iCVB io Da6bei 200E Shc holds a 1'raehe- Iar~tif i~rts Degree in lnuxna&sm & Pub'hc.Communications with an emphasis in PubGc42elatinns: She has an extensive background in tourism, including scorn y~mss with GIo[land America Linc. ling m- cenfly moved Fxom Anchorage and was raisedin Favbaalts: (td `l .,_.r.,,l. _.._.~..,, Chip beganwarking with the KCVB is Uecember?006. Ide recently moved to Alaska frexn Iytaryland and brings valuable knowledge and suppon to the KCVB with a badcbn~ound in infoxmatinn technology and event management. 204 ]'age 3 Kenai Fiher~~t, Exl7ibitior~ ZU07 The Kenai Convention and Visitors Bureau is exhhbiting its first Kenai Fiber Aug Exhibition do^*+g the month of March tics year. On Thursday, March 1, about 70 people turned out for the ope:zing rewption of the ut exhbiton. Aspecial dunk Vou to Judy bickson of Homer, who judged the show and offered Eour awards. Congratuladoas to die 2007 award winners; Amte Louise Gillilan received an honorable merztirnt and dte judges AIa ExbiGitr lttxn , +~~ VB stnec fall of "1005. 13arasha holds a Ans I~cgree. with as cxnp(tasis in painting 1 I,xalshy. Natasha also has a baclcgzound in social worts and the humaniries with a strong Nrterest in community development. Natasha grew up on iter grnndpazents' homeseead just outside of Kenai, .~_ ~S'ala Kahihitioi=a b~ T~>vr -Bveyz.rtrya Diue~ent Viarvr is a group show by pat I3rtle, Melinda Nelson and Nathan Nash. The show opens on Thurs- day, April 5, arith a reception from 5:00 - 7:00 pm. Llrtle, Nelson and Nash axe three Senior pantting students Fxam Kenai Peninsula Col- lege. Thos Evensan will have a solo exhbition opening on Thursday, Apd15, with a reception from 5:00 - 7:00 pm. This exhibition wtll feantre many new paintings never shown before and several. pahitittgs azid drawings from past bodies of work. Tlus tn:oup snow will show- case new work and will be on exhibit at dte Iienai t%isitors & Cultural Center dtmugh April 30. tl {{ { B ® i { 6 & ¢ k G { { l 4 { E R P (! O F; F: & { g { F E: SuTyanzel~<3r7 ~xL~z6itzQ~2 2C1f}7 ht Old Kenai whew he grew up, as well as commercial fishing hl the upper Coolt Inlet. Evensoa's solo exhibition will tun tluough April 3G. {. { e{& 18 C {. B 6 4 G 4 S k G{ N{ G{{{ Y ti t 6{ 6{ tl 6 R c F. {& Mark. your calendar for Friday, May 11 from 5:00 - 8:D0 pm, for dte Gala Opening Reception of "Sticks & Stones: Alaskan Structuze." Anchax- zge artist Doa Mobr curates tics year's autstandutg summer art exhibition, Wilt over 70 of Alaska's top contem- porary artists participating, we antici- pate azrother amazing exhibition fea- turing the best of Alaska's cotuempo- rarp art. "Sticks & Stones: Alaskan Stmcxuxe" will be on exhiitit from hRay 11 - Segtember 8, 2007. choice award, Ann -Lillian Schell received an ' :orabie mention ]an Wallace also Natasha .rued en honorable Pro~nme~ eh' ttion. The Kenai Manager B thanks all Che swta.rLaEoiu+.ridi dcipattng artists we look forward Natasha itas costing future fiber wnh the 1<t; Aachelor of shows. and thorn "Alter P.~abric Bpuyuet' by Lily FdutSach Sponsorships v:e still needed for the exhbition. Thousands of visi- tors, and local residence, come to view this exbiMdon every sum- mer. Showing Hour support for this exivtbidon demons¢ates yom~ commitment in promoting the arts and culture oEK.enai. Please contact Natasha Ala at tine Kenai Convention 8t Visitors Bureau to give your fiaanciai support ox in-kind service. The ICCVB graciously appreciates tilt those who contxiliute to ruak- iag rtes annual art exhiMdon the statewide prnsdgious event it has became. Thank you for your continued support. A sper~al thank you to our current 2007 sponsors as well. Virzz su online az www.artrkenazcam far an evener calendar and more Informa- tion. 205 "The Last Great Column' he Thor Gvensnn. YsrrcGarer! m 2006 jgr.Ytie, dry aj'Kenai, nritb n ganerarrs yrrant,]ms»'Ifie~~imnrrr}i"I'oundah'nn. ~Z9J89d812~ l/rZP7dl.,f Page 4 e o e m a< e e a a a r e o p o t e a m a r a a r w a c a c ~ ~-~~~~ .~LFP2711?~1' ~~~'J `~Et'~['Qf - .~2'S.~'~.t~31'L~L'IA~ ~~ograrza ~~ t`lCPX3~t2tS ~G'~CT"~Q' ~~port~r~.~ Keaai's Saturday Niaxketwill kick-off on ivfay 26th. this year and will be open every Samrdap through Sept 15, 2607. In 200G the market cgnsisted of ap- pxoximatelp 34 vendors. With booth rates as low ar $10 per day, we are ex- pecthzg anincrease iu vendor pardripa- tion. IX/e encourage those who pxnduce Alaska N.,ade crafts, produce or even. home baked goods to participate in 6 L p d H 6 6 M. !i 6 6 b@ 9` G@ k! We are. seeking volunteers to zssist. with admhtisuative dunes and r~sitox htquiries at the Kenai b'isitors and Cul- tuxal Cenrez. Volunteers must enjoy talking with people. Please tail A4ga Renken at 283-1991 for more infoxmaxion. We are looking for locals eo shaze Msfory, art, culture, sci- ence, music and. more, ht our Summer Intexpxedvc Fxo- gram. 1>rogram will begot ux May and be offered Monday, TUedxusda}>, Friday through the end of September. Piease content Natasha Ala at 283-1991 if interested. u7e are prepaxdng fox our Annual "Get to Know Kenai" event in May. This event focuses on educating om~ resi- dexus on what Kenai and the vicinity bas to o£Eer to visi- tors. We axe seeking opportunities to faxttiharize the pub- lic on the products and services out members offer to visitoes. Wttethex it's a roux of pour facIlity or a chance to expezience.}=ovr product, please contact Tina Batdxidge at 283-2991 if you are interested nt participating. ICenai's Samxdap Market. If you axe intexesxed in becoming a vendoror receiving more btfnrmadort, please conact HamId Pilaxtd at the Kextai Convexttion and Tisitors 3ureau. The marker is open to the pubEc and free of charge. It will be convextienrip loeaeed adjacent to the paxkinglot of the Kenai Cuttucal & Visitors Centex with plenry+ of parking available. p f tl 4* 0 6 k R b` 6 F tl tl C 6 6 Q$ qi @~ _ Carmen Hatfield KCDB i'alrrt~tcer -. ~Cannmt bej-!aa vol- unteering with the :KC;1B in December 3006. She a<eiits with viaiinr inc~uuics, rustxativc ddiics and nvCrt manage- - ~ .. , ~ .. ~. .. .... ~, ,. ~ _~, r ~ ... ,. _ ,. e ,. ... ,. , ~ r - ~ _ 4 -- ~,~~~'~r ~~j~ The Travel btdus[nr Assoriation has partnered with the Travel Busi- The Senate's adoption of these dtxee ke}+ pzovisions put forth in the Hess Roundtable and Discover America Parn~exship iu the efforts of Blueptin[ [n Discovez America is a positive step ut the right du~ec- pushing through the U.S. Senate xefnrms to the U.S, travel process non, however there is still a lot of work io be done. Other out- hs. ehe post-9/11 environment. On Lt1ar. 13, 2007, the U.S. Senate stnnding elements still exist, including: the development of an Inter- passed out the Following three reforms: national Registered Txavelez program; the inaodtution of customer e Expanding the F%isa Waivec Px:ogxaxn to a greaten number seivice Hainingj evaluation standards at the nation's airports; State of allied countries upon the implementation of new seta- Depaxunent reporting on reduehtg visa wait tunes; exploration of city procedures, incluaing x reliable "eat" Hacking system "mobile" consulate operations and xentote videoconfexenciag to at U.S. airports; expedite visa issuance; and a global promotion magxam to help a Estn6lislthtg "model ports" at America s top 20uttema- regain the 6G million ixttentational travelers lost since 9/ 11. doaal arrival airports, including instructional videos, en- hanced Iine management and assistance for intemadonal "TXIc'0 be working doseiy wide the Senate sad House cov£ertnce in travelers upon arrival; and the corning weeks to ensure the three pxnoisioas remain in the m Authozizhtg the hieing of at least 200 new Customs and package and we'll continue pressing for these much-needed re- Bordu Protection office=s to alleviate staff shortages at Eoxms," said Roger Dow, President and CEO o£ the Travel Irtdustx} tlae tnp 20 arrval airports. Assotaatiou. Tlarit xuxvw.tea.or~+ for more on tbu dopic sad other irsdastty rsewr. 206 'art worles *AIa15PdUNT Chnetets _ ._, ._.._ _...._ . ._.._ ., _. ...._.. _ _ , .r.-- ~Ltnvia Asenaagon fo[ FGseon .Seward Chambrr of Commera and _VF -Presetvatior Page 5 ;Made in Alaa-n .llanlm C&C F Corse Adventues $n!.a Com+cntion and Visitors Bureau f Tower Societg of Namnl elistory-Pray Major Marme 1'our¢ Museum Alasl:n Campground Ckvntts Assoc,anon SoRty Sip; ldidaR;de Sled Dog Tours Mamdaic Manor ~Alaslca Pens Advennres 8c Touts Soldotna Chamber of Commerce ) & , S;ilmon Charers 7Nat-Su Convention roes Viaitnzs Bureau : 'Alaska FicBing Gtarears / SoFdoma. P,&B Soldotna Irm and Mykeis Resxauran[ )arm Iiousc (HoStelj ~ McLrnnan House Lodge ... Aladca Fishing with Marl: Glassmaixr Suldotna Professicmnl (immve Jacl. Fishing :h[oose TBa er I2acott and liot Tub .Alaalm Histoncal Sancry 'Snldotna Trusnvortm Hazdmare RCa<hemal: Gear Shed Museums Alaskz Alaska Horsemen Advenmms- Southeast Aiasla Discovery Cencer j<aasik's Kenn Ba^w Stop NFilusld f North Pen3nculn Chamber oC ..... ... ........ . .a. . .. .. ,. .~...-.. ....._-.. . ILOrhmCt'IX .,_. _... _._. .... . ,. _ . .. . . ,,".14s1:a fiosuieniin+ Alpance . ..._ ~Spenard Builders Supply . .. iKemi Chamber of Comme:'m .._ .. . . . . CJittislti Finir & Nail Supnly Nacl:a Flotel and Lody>ing Associ'ttinn :Stevenson Retreat 'Kenai RaBric Cezttez !Ninilchiis Chamber of Commerce 'Alns'Ica Islarvis and Oceans P:ntor Center Bo's Fishing Guide Semia & Lodge ':Kenai :vine Axcv Cencer / Pcninswa Art INiniichik Sainvamr Chaxleis' and Lodging Guild :Alnskn Lodging and Adventures Purger Bus Ke+iai lien's Lodge and Guide Sen+iee ;North Prnivsuia Recreation Arca AIasM Lnu's Kenai River B&B and Cabins Captain Biigh's Beavn'Cree!s Lodge '-Srilhvntee's Chalet Notthcouncx}+Fair Alnslca Native Idenmtro Center, Inc .Capmm Cooi: Smte Recreation Area 4xraw Berry Suites N6&\ Rivr. Runnels, Inc. 'Alaska Prentin~ Reairy 'Capain LouS Pmtmilan Lodge -Subwap C}fishinl Cha[txxs of Alaslta Aladm Railroad Gaprain bt0ce's Charte'a Susie`s Place Palmer Chamber of Cotr¢nace alaskn 12iee[s Compam' 'Caribou C,rrsssing Cabin r4lvettNres, In<. tiutiron'+ SpanFshing 'Peninsula Qilers Basebati rliosla SeaGfe Ccnecx 'Coeds &m River Prone Lod,Src: 'Sweency's (lothittg 1''eninaula Processing and Smnlcehnuse Alaska Silvcrtip Lodge & Cnhins .Chalierq;ex Learning Center of :\Iaskx ':"I'adde Buser Hafibue Chnr[erc :Phillips' Crosses and lotus 'Alada Srn[e Chamber of Cornmrmr C,harlorce'n, [nc. ~ "I'aII TaL Charzerc Pcem,cr Alas .Tours, Inc Alaska Sm[e Pavke Chutiaal: Eagle Aivrr Chamber of Cnm~ 1'aion lu Sereice, inc. Ponce n.` Wales C.hamh,r oFCamme[ee coerce Alaska Wddbenm 1'roduotc .City of Kenai 'I'anglnvood Bed and Bmakfaat :Printers Inlt ,4lnslca Wildiand Adventures Cordtma Chamber of Commerce Tesoro llassi Company ~ Quilt Kies Alaska ~ ~~~ Alaci:a lXfildrose C.harteta ICorv Kasilof Cotctge -The Crtzcxmg Red Cabm Bcd aatd Breakfast Alaskna Angler RV Park liavr Eescrt P'isfting and i.odging T'he Fish F[ouxe Redfi~h I.udgr Alaskan Sourdougfi B&B /Wedding TJetvili Bio¢chnologicc ':T'hr Fi<ii Hut Chasers and I,odginG :Redoubt Realty Chane .llnskak Flatln BaY' Bete Camp I}iamond 14t 1Zaneh B&B, Cabins and RV "Ihe Grouchy C)id Womma Bed and Rrcak -.Renown Touiv LLC Purl: -fast -e\Iaclm`s Lnke CSari: Inn iDxagonFiy GaIlerv The &Iilrapos't '.iUddfe's Fislvng Lodge R:askes Point oFView ITagle Rod.-F.ntnpaaes T'he Sterling Needle Bed and Brenkfn.. ;Thompson, Log Gift&Jesveiry lfasl,,: s S6yiine Ac<onvnndauona ~Fcho Lake Supenor ivteat and Process,rty 'Kenw Medical Ceara, Enc 7'orem O..e.va I railCr Express, Inc. Akan+ eagle Rod.I.rxlge 2:landge Haven Bed and Breakfast Kenn, Peninsula Bea and Breakfast Axso Tcailbiara~ of Nnsim .. . _ .. . i ciudon _. . _ _ . ._ . -._... _., Ati ,Sed OflS BCd :tied B. E',dCfaSC __. __ _ .... .. EmC[ald PinCS LOdgC .. _. . ... _.. I<Kr141 PCnInSUbi CoI1rgC / I{Cttni I'ISNng ....__ _..... .__ ....... .. i YSttnnfnu S[ROkChOLLSC ____._ . , ..___.__ _.. - __ ._...,.... eR~aerrry .. ~ :irnchor Paint Chnmb: r of Commerce !Ern Aatiation, Inc. i<enai Peninsula Harley Davidson Tu;lm Bit Wi}daRtaes's Lodge ,vtcnova},rc CVi3 ~'Eawpe For Trvo B&B Cabin Renrais ICenar Pemnsuln Phorogzaphex's Gwld IUivliaska /Port of Lhamh F[arBor ClB BarnnoE Haven Esther ChomBerx Kenn Pentnsula Tounnm blad:edng Coun ''.Uptown Motel rci3 Beachfi'ant Isag< Fasbanks Canccrnon and Vi~itozn Bureau I<enat Pnneess Wildemecs Lodge V:ditM. Convention ono V,srors Bureau Brachm Fuhcry !Fmt National Bunk Alaslta Kenw Rrt er C)afrers Lodge Veronicas CoEEce Hnusc Bear C:reek.Wmerq And Lodgng ~IToster landing I<env lt~ e. Fishing Le'eates Wasilia ChamBer of Commerce Bcu Necessuies Ca6,nc !Freedom Realty ~ I<enm iLvrr Professsotral Guide Wngners Bacl coun*.ry Ciuidmg Beatrer Creek Cabins and Guiu.. Service Ciolccn Eagle Charters I<enm ILca' Ravrn Wells Fargo Big Lake Chamber of Convrmree Grant itvmtior. :Kenat 1Zn a fiportfictvng Assodadon Wirieties C,hamhex of Commerce Bach Tree Gaperv ,Great NC Advenvre Lodge Kenai RV Park :WM images Bishop I.al'e Beacon :Gunn s Lno¢_ Ketu; Spur Lodge/40G Z n Inc Haines Convention and V'isiNrs Bureau Kenw W a.'h d Drv The above list of members irredua'e paid memberships as ofMarzfi 76, 2607. Thankyou joryaur ruppo~i~ 20'7