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HomeMy WebLinkAbout2007-01-03 Council PacketMAKE 2 PACKETS COUNCIL PACKET bISTRIBUTION COUNCIL MEETING DATE: // / ~ Mayor/Council Attorne Ta for/S ringer/Kebschull Clerk Cit Mana er Police Department Finance En ineer Senior Center Air ort Kim Librar Parks & Recreation Clarion Fire Department Schmidt Mellish VISTA Student Re KSRM ' AGENDA DISTRIBUTION 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 paper) is emailed to Denise at Peninsu/a C/arion (at email folder Work Session/Special Meetings, or Composition in Contacts or IbeIIC`~ncsalaska.net). Home Page documents (agenda, resolutions, ordinances for public hearing, and ordinances for introduction) are usually emailed to me and I hold them in my HTML file. Place them onto the city's website from there as saon ns possible before heaving the office for the weekend. 0 a~ rn a a` LL Z F- W W J U Z O U N K' p ¢ w ~ J ~ W Z ^ ~ ~s W W I W- O W ~~OQOC~i~~~ ~WOO~J000 w^a~cnw¢~m O mw ~~wzp OW W I- W W-(nJJ ~mOQ~(nJ} wOOsJ000 ^d~(nW W ~m N w W O } W ~ ~ 0 O W ~Ogpu~i~~ OO~J000 a~cnWrc~m Page 1 of 1 Carol Freas From: Michael Boyle [mboyle@alaska.com] Sent: Saturday, December 30, 2006 3:43 PM To: Carol Freas Cc: Pat Porter (E-mail) Subject: Re: January 3, 2007 council meeting packet Hi Carol, It was my intent to give the impression that I hoped to be home be New Year Eve. This will not be the case. Thus, please consider this notification that I will be attending telephonically. Address: Ronald McDonald House, 5130 40th NE, Seattle WA 98105 I will be in touch with the number. It will be the same as the last time I attend telephonically at the Ronald McDonald House. Thank you, Mike ----- Original Message ----- From: Carol Freas <efreas@ci.kenai.ak.us> Date: Friday, December 29, 2006 12:56 pm Subject: January 3, 2007 council meeting packet To: "Mike Boyle (E-mail)" <mboyle@alaska.com> Cc: "Pat Porter (E-mail)" <kenaimayorl0@msn.com> > Hi Mike, > I read in Wednesday's newspaper article you expect to be home on > New Year's Day...GREAT news!!!! Since i've not heard anything > fiom you to the contrary, I will not be sending a packet to the > hospital, but you will be able to pick your meeting packet up at > Dispatch. > Welcome home!!! > Carol L. Freas, City Cierk > City of Kenai > 210 Fidalgo Avenue > Kenai, AK 99611 > Phone: (907) 283-7535, extension 231 > Fax: (907) 283-5068 1/3/2007 MIKE YLE: Ronald McDonald House 4130 40t" N Seattle, A 98105 206-838-0600, EXTENSION 868 TESTIMONY SIGN-IN SHEET ; ;. NAME ; . ORG ~~A~NIIATI~l1T' R~SIDEIyCE AUDI~SS/,°-;, .,, ` . . ...: :CITY .:, . RESfDENT _.. ~~ " ~~- ~ ~ C s~~ f~~~ r.~C2'1~e ~ ° ~ C ` ~,~"° ~ ~~~ ' fit. ~ ~ G "~ ~ ~ '~( ~ .. .~-1% ~i ` ,~ . ~~fi' "rZ s r w S`~ O F QZr''rv;+r 6 ~ ~c 7 1v ~n,'t•~°t`,Pet~i~! c,v~ ?_~~ ~~3 C~~~~ C~~;m+~viuvt~dy Li3`~~is~y 1l9 ~ 1~ t 5+~; d~ ~- e JANUARY 3, 2007 REGULAR COUNCIL MEETING Requests for amendments to the agenda: BY: ADD AS: G-I, Unfinished Business -- Agreement/Division of Fire Prevention, Fire Marshall's Office -- Alaska Fire Training Center. CITY MANAGER CONSENT AGENDA None MAYOR'S REPORT AGENDA KENAI CITY COUNCIL -REGULAR MEETING JANUARY 3, 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 *All items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member 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) 1. Holly Highland -- Alaska Fire Training Facility (PRISM)/Use Alternatives ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) 1. Ordinance No. 2203-2006 -- Amending KMC 1.15.130 Entitled, "Telephonic Participation" to Emphasize Responsibilities of the Council Member(s) Requesting Telephonic Participation of a Council Meeting. 2. *Application for Liquor License Renewal -- The Rainbow Bar/Beverage Dispensary. ITEM F: MINUTES 1. *December 13, 2006 Work Session Notes 3. *Regular Meeting of December 20, 2006. ITEM G: ITEM H: 1. Bills to be Ratified 2. Approval of Purchase Orders Exceeding $15,000 3. Appsovaa -- Airport Terminal/Non-Exclusive Restaurant Concession Contract -- Sherry McBride and Teea McBride, d/b/a Kenai Cafe. ITEM I: 1. Council on Aging 2. Airport Commission 3. Harbor Commission 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: 1. City Manager 2. Attorney 3. City Clerk ITEM L: 1. Citizens (five minutes) 2. Council -- None Scheduled ITEM M: -r; r t.. , ~tf R r p yl~ .. OCCUPATIONAL HEALTH AND SAFETY SERVICES $0II(o~tlaYn SVep Me0nu0e„tligin 9Y501 I'hn0e: 909222 ]GH 1 r 90i 43uH?6 www.bv~¢unuhss.wim City of Kenai City Council Meeting January 3, 2007 Beacon Occupational Health and Safety Services, Inc. (Beacon) appreciates the opportunity to introduce our company and discuss the PRISM Fire Training Center. Beacon is a 100% woman owned, SBA 8(a) business incorporated and licensed in the state of Alaska. We provide high quality, convenient, market competitive occupational health, safety and training services to employers throughout the state. Beacon understands the demands placed upon businesses today and our goal is to assist them in providing a safer, healthier environment for their employees. Beacon began in 1999 and currently has a clientele that embrace Alaska's many industries, as well as, mtmicipal, state and federal governments. We currently employ around 100 personnel in the state of Alaska from as far east as Juneau, as far west as Shemya and as far North as Prudhoe Bay. We have extensive experience working on the Kenai Peninsula and many of our clientele have operations in the area. Some of these clients include Udelhoven, Peak, Chevron, ConocoPhillips, BP, State of Alaska DOT, Troopers, and more. We also work with local vendors to support some of our occupational health and drug and alcohol testing for these clients. Over the previous years we have worked closely with PRISM by providing occupational health testing. We also utilized PRISM trainers for training courses we were conducting for our existing client base. Through a growing demand by our client s we started a training division in 2006. After AAI's decision to pull out of Alaska, we hired Bob Lee to be our Training Coordinator. Bob has extensive experience with PRISM having worked there over the last several years. We are already working closely with the center on plans to rent the facility and. equipment for training courses our clients have requested we conduct. We are strongly interested in the on- going success of this unique facility in our state. We understand that the City of Kenai has entered into contract discussions with a division of the State of Alaska and are hopeful that if this comes to fntiHon that opportunities for businesses like ourselves to rent 'time' will still be made available. We also want to express our interest if for some reason the state is tunable to contract with the City of Kenai. In summary, we are an Alaskan grown business with strong working relationships in your corruntmity. We want to see the continued draw the PRISM training center brings to your commtmity and want to participate by renting time and/or if the opportunity arises in the hrhire to be considered for the opportunity of direct involvement in its on-going success. I appreciate all of your time. Please contact me if you have any additional questions. Best regards, Holly Hylen President E-1 Suggested by: City Council CITY OF KENAI ORDINANCE NO. 2203-2006 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 1.15.130 ENTITLED, "TELEPHONIC PARTICIPATION" TO EMPHASIZE RESPONSIBILITIES OF THE COUNCIL MEMBER(S) REQUESTING TELEPHONIC PARTICIPATION OF A COUNCIL MEETING. WHEREAS, Ordinance No. 2130-2005 was enacted and became effective on December 2, 2005 to permit council member attendance to council meetings through telephonic participation, allowing members to take part in meetings when work or family matters require their absence from Kenai; and, WHEREAS, at the time of passage of Ordinance No. 2130-2005, the City Council requested the ordinance be brought forward for review at the end of its first year of codification; and, WHEREAS, on August 19, 2006, Ordinance No. 2168-2006 was enacted and amended Ordinance No. 2130-2005 by increasing the initial two meetings to four a year if the Council Member or the member's immediate family member required the member to be physically absent from more than one-half of the regular and special council meetings within athree-month period due to the need for extended medical care and treatment of the member or the member's immediate family; and, WHEREAS, at its December 6, 2006 meeting, the City Council reviewed the telephonic participation ordinance and requested further amendments be written for consideration which would emphasize responsibilities of the council member(s) requesting telephonic participation of a council meeting. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 1.15.130 enlitled, "Telephonic Participation" be amended as described in Attachment A of this ordinance. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of January, 2007. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: December 20, 2006 Adopted: January 17, 2007 Effective: February 17, 2007 1.15.130 Telephonic participation. (a) A member of the Council may participate via telephone in a Council meeting, if the member declares that circumstances prevent physical attendance at the meeting. If the Mayor chooses to participate via telephone, the vice-mayor or president pro tempore shall preside. (b) No more than the first two (2) members to contact the Clerk regarding telephonic participation in a particular meeting may participate via telephone at any one (1) meeting. (e) The member shall notify the Clerk and the presiding officer, if reasonably practicable, at least seven (7) daVS prior to a council meeting, but not less than forty-eiEht (48) [TWENTY-FOUR (24)] hours in advance of a meeting that the member proposes to attend by telephone, [AND] Such notification shall be provided in writin€~ (facsimile and/or electronic transmission included) and shall provide the physical address of the location, the telephone number, and any available facsimile, email, or other document transmission service. Failure to provide the notification in writinE and within the period of time provided herein shall result in the member's exclusion from attendance of a council meeting through (d) At the meeting, the Clerk shall establish the telephone connection when the call to order is imminent. (e) A member participating by telephone shall be counted as present for purposes of discussion and voting. (f) The member participating by telephone shall make every effort to participate in the entire meeting. From time to time during the meeting, the presiding officer shall confirm the connection. (gj The member participating by telephone may ask to be recognized by the presiding officer to the same extent as any other member. (h) To the extent reasonably practicable, the Clerk shall provide backup materials to members participating by telephone at the member's expense. (i) If the telephone connection cannot be made or is made and then lost, the meeting shall commence or continue as scheduled and the Clerk shall attempt to establish or restore the connection. Ordinance No. 2203-2006 Attachment A Page 1 of 2 (i) Meeting times shall be expressed in Alaska time regardless of the time at the location of any member participating by telephone. (k) Participation by telephone shall be allowed for regular, special and work session meetings of the Council. (1) Remarks by members participating by telephone shall be transmitted so as to be audible by all members and the public in attendance at the meeting, provided that in executive session the remarks shall be audible only to those included in the executive session. (m) As used in these rules, "telephone" means any system for synchronous two-way voice communication. "Mayor" includes the vice- mayor or any other member serving as president pro tempore. (n) Each Council member may attend a maximum of two (2j meetings by teleconference during the twelve (12) month period starting November 1 of each year. (o) A Council member may attend an additional two (2) meetings by teleconference during a twelve (12) month period starting November 1 of each year if the member declares that he/she is physically unable to attend the meeting due to the need for extended medical care and treatment of the member or member's immediate family. (p) In this section, "immediate family" means the spouse of the person, another person cohabitating with the person in a conjugal relationship that is not a legal marriage, a child (including a stepchild or foster child) of the person, a parent, sibling, grandparent, aunt or uncle of the person, or a parent or sibling of the person's spouse. (q) Council members are responsible for any telephone long distance and/or back-up material transportation charges incurred due to their participation in a meeting via telephone unless they are absent from the community on City business. A Council member is not considered to be on City business merely by attendance at a Council meeting via telephone. Telephone long distance and/or back-up material shinpin~ charges may be deducted from the member's monthly stipend. Ordinance No. 2203-2006 Attachment A Page 2 of 2 ,~, u . ~-~~, the uty u f KENA~ SKA TO: Mayor/Council "V'lla~e with a Past Gc wit~t a F~tur°e" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907} 283-7535 /Fax: (907) 283-3014 www.ci.kenai.ak.us MEMORANDUM FROM: Carol L. Freas, Cit Clerk DATE: December 29, 2006 RE: ORDINANCE NO. 2203-2006, AMENDING KMC 1.15.130 ENTITLED, "TELEPHONIC PARTICII'ATION" TO EMPHASIZE RESPONSIBII.ITIES OF THE COUNCIL MEMBER(S) REQUESTING TELEPHONIC PARTICIPATION OF A COUNCIL MEETING. In response to requests for additional information, the following has been prepared: UERY RESPONSE Number of times teleconferencing Swarner: 1 time has been used (since 12/2/05, Moore: 1 time effective date of initial ordinance): Eldridge: 1 time i Bo le: 5 times Cost to the City for delivery of council materials: $511.61 (avera e of $34 for 15 FedEx sends) Forwazding of lay-downs materials: To date, via fax and email transmissions (u to be innin of meetin ). Reimbursement costs billed to council members for teleconference calls: Total costs: S443.95 Amounts remaining to be reimbursed: $91.17 Teleconference call costs to the ~ Cit None. HOW MANY MEETINGS MAY BE MISSED YN OTHER MUNICIPALITIES? City of Homer Missing of three consecutive meetings, unless excused or, absence from the municipality for 90 consecutive days unless excused by Council resolution. Council member must contact Clerk or Mayor ahead of ~ time; Mayor excuses (except the 90-day absence); no limit on "excused" absences. Kenai Peninsula Borough Missing of three consecutive meetings, unless excused; excused absences granted from a regular assembly meeting if the absence is due to the conduct of borough business authorized by the assembly or the president; excused absence may be granted by the assembly or assembly resident for ersonalreasons. City of Ketchikan If the mayor or any member of the council shall be absent from Cour consecutve regular meetings of the council, the council may declare his office vacant; and his office shall be automatically vacated if he is absent from more than one-half of all regular meetings held within any six-month eriod. City of Fairbanks No member shall absent himself from any meeting of the city council except for good and sufficient reason; A member may participate at any meeting of the city council by teleconferencing/ videoconferencing if the member, cannot physically attend the meeting; however, the member's physical absence shall not exceed 90 continuous i days for medical circumstances and shall not exceed 30 days for non- medical circumstances. City of Seward In the event any member of the city council departs from the ciTy- with the intent of remaining absent for more than 90 days, or shall have ', failed to attend meetings of the council for a period of ninety '. consecutive days, or shall have attended less than five of the meetings ' of the council during any continuous period of five months, the council ma declare the office of such member vacant. ' City of Palmer Neither the mayor nor any member shall absent him or herself from any meetin of the council exce t for ood and sufficient reason. ' City of Soldotna Absent from the city for ninety consecutive days unless excused by the city council; misses three consecutive regular meetings and is not excused; if a council member expects to be absent from a regular or special meeting or expects to be absent from Soldotna for ninety consecutive days or more, the member shall give advancenotice in writing to the city clerk with a request for an excuse. If it is not physically possible for the council member to make such a request in advance of the absence due to serious illness or for some other reason imposing an equivalent obstacle, then the member shall apply to the clerk in writing for an excuse on the first day it is possible for the ', member to do so; upon receipt of a request for a excused absence from '.. a council member,.the clerk shall place the request on the agenda for ', the next regular council meeting; excuses may be approved by a 2/3 i vote of the council for personal business, serious illness or any other good cause, but no member shall be granted an excuse for any reason if ', the person has failed to request an excuse in writing; has missed more ', than w5% of the regular and special meetings held by the city council '' ~ during any past consecutive 12-month period; or will not be able to attend at least 75% of the regular meetings of the city council during an future consecutive 12-month eriod. City of Wasilla If the member is physically absent from the city for ninety consecutive calendar days unless excused by the council; if a member misses three consecutive re ular meetin s unless excused. NOTE: To better define whether a council member is requesting to participate telephonically for a general reason or for medical reasons, please consider a motion to amend as follows: Move to amend KMC 1.15.130(c) bg adding "..., state whether such telephonic participation is pursuant to subsection (n) or (o)" after "....(facsimile and/or electronic transmission included)..." in subsection (c). The sentence would then read, "....Such notification shall be provided in unitinis (facsimile and/or electronic transmission included), state whether such telephonic participation is pursuant to subsection (n) or (oL and shall provide the physical address of the location..." DEC°20-2006 WED 04,15 PM KENAI PENN BOROl1GH CLERK ~'~_®.. ... December 2?, 2006 Ms. Dawn Holland-Williams Records & Licensuig Supervisor Alcoholic Beverage Control Board 5$48 E. Tudor Raad Anchorage, AK 99507-1286 SHERRY BIGGS, CMC BOROUGH GLERK Re; Application for Renewal of Liquor Liceaue # 131.2 Dear Ms. Willianis: Please be advised that the Kenai Peninsula Borough. has no obj ection to the approval o f the following application(s) for renewal of liquor license(s) of the establishment(s) located in Kenai, Alaska: Beverage Dispensary Rainbow Bar, The - #1312 The Kenai Peninsula Borough Finance Department has reviewed its tiles and has raised no objection based on unpaid or delinquent taxes. Sincerely, Sherry Biggs, CM Borough Clerlc cc: Applicant City of S~enai KPB Finance Department File FAX N0, 907 262 8615 NI PENINSULA OROUCIH 144 N. BINKLEY SOLDOTNA, ALASKA ~ 99669-7599 BUSINESS (907) 714.2160 FAX (907) 262.8615 EMAIL: assemblyclerk@borough.konai.ak.us , 0~~ G~~~ Carol Freas From: Reeda Jaramillo [reeda~aramillo @ dps.state.ak. us] Sent: Monday, December 18, 2006 3:50 PM To: Carol Freas Cc: Dinelle Penrod; Janey J. Hovenden Subject: 2007-2008 Liquor License Renewals -Kenai Dear Local Governing Body: We have received the following application(s) for renewal of 1i license(s) within your jurisdiction. You are being notified as required by AS 04.11.520. Additional information concerning filing a "protest" by a local governing body under AS 04.11.480 is included below. *2007-2008* *Type:* Beverage Dispensary *License:* Rainbow Bar, The - Lic#1312 *Location:* 502 S Main St *Owner:* D & E investments *Agent:* Elton McGahan *Phone:* 907-776-5274 *Maiiing Address: *PO Box 8013 Nikiski AK 99635 -~~~_~~( _...~^ 6,? ~ a 1 We have received application (see attached notice) for a liquor license(s) within your jurisdiction. This is the notice as required under AS 04.11.520. Additional information concerning filing a "protest" by a local governing body under AS 04.11.480 is included in this letter. A local governing body as defined under AS 04.21.080(11) may protest the approval of an application(s) pursuant to AS 04.11.480 by furnishing the board and t'r~e applicant with a clear and concise written statement of reasons in support of a protest within 60 days of receipt of this notice. If a protest is filed, the board will not approve the application unless it finds that the protest is "arbitrary, capricious and unreasonable". Instead, in accordance with AS 04.11.510(b), *_he board will notify the applicant that the application is denied for reasons stated in the protest. The applicant is entitled to an informal conference with either the director or the board and, if not satisfied by the informal conference, is entitled to a formal hearing in accordance with AS 44.62.330-44.62-630. IF THE APPLICANT REQUESTS A HEARING, THE LOCAL GOVERNING BODY MUST ASSIST IN OR UNDERTAKE THE DEFENSE OF ITS PROTEST. Under AS O4.1i.420(a), the board may not issue a license or permit for premises in a municipality where a zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages, unless a variance of the regulation or ordinance has been approved. Under A5 04.11.420(b) municipalities must inform the board of zoning regulations or ordinances which prohibit the sale or consumption of alcoholic beverages. If a municipal zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages at the proposed premises and ro variance of the regulation or ordinance has been approved, please notify us and provide a certified 1 copy of the regulation or ordinance if you have not previously done so. Protest under AS 04.11.480 and the prohibition. of sale or consumption of ,lcoholic beverages as quired by zoning regulation or ordinance under AS O4.11.420(a) are two :parate and distinct subjects. Please bear that in mind in responding to this notice. AS O4.21.010(d), if applicable, requires the municipality to provide written notice to the appropriate community council(s). If you wish to protest the application referenced above, please do so in the prescribed manner and within the prescribed time. Please show proof of service upon the applicant. For additional information please refer to 15 AAC 104.145, Local Governing Body Protest. Note: Applications applied for under AS O4.11.400(g), I5 AAC 104.335(a)(3), AS O4.11.090(e), and 15 AAC 104.660(e) must be approved by the governing body 2 ~I KENAI CITY COUNCIL WORK SESSION DECEMBER 13, 2006 KENAI CITY COUNCIL CHAMBERS 5:00 P.M. AGENDA ITEM A: CALL TO ORDER ITEM B: WORK SESSION Discussion with Chris Degernes, Alaska Department of Natural Resources, Division of Parks & Outdoor Recreation, related to proposed regulations to increase horsepower limitations and reduce hydrocarbons on the Kenai River. ITEM C: ADJOURNMENT KENAI CITY COUNCIL WORK SESSION WITH JACK SINCLAIR, ALASKA DEPT. OF NATURAL RESOURCES DI`7. OF PARKS & OUTDOOR RECREATION DECEMBER 13, 2006 KENAI CITY COUNCIL CHAMBERS 5:00 P.M. MAYOR PAT PORTER, PRESIDING NOTES Council present: P. Porter, J. Moore, B. Molloy, R. Ross, L. Swarner, B. Eldridge Staff present: J. Lockwood, J. La Shot, K. Komelis ITEM A: CALL TO ORDER Mayor Porter opened the work session at 7:00 p.m. ITEM B: WORK SESSION Jack Sinclair of the State of Alaska, Department of Natural Resources, discussed proposed regulations to increase horsepower limitations, limit boat size and reduce hydrocarbons on the Kenai River. Sinclair stated the Kenai River Special Management Area (KRSMA) advisory board had been advising the State on its regulations since its creation in 1985. The last recommendation by the KRSMA advisory board included the following: • Raise outboard horsepower from 35 to 50; • Outlaw all older 2-stroke engines by 2008 to be replaced by 4-stroke technology 50 horse power or direct injection 2-stroke technology to be instituted by 2008; • Limit boat length to 21 feet and less to be instituted by 2010; and, • Limit boat width to 106 inches and less to be instituted by 2010. Sinclair also noted, the public comment period would end on December 19, 2006 at 5:00 p.m. and after the public comment period ends, comments will be assembled and forwarded to the Commissioner for review. Question and answer period followed. Items discussed included: • KRSMA recommended the increase in horsepower based on one boat wake study completed in 2000 on Johnson Lake. These results were based on power to boat size. Other components not being considered in this study were boat weight and hull size. • A second more comprehensive 2005 boat wake study on the combined energy of multiple boats on the Kenai River has not yet been released; this report will be more attuned to the impact on the Kenai River; that report is scheduled to be KENAI CITY COUNCIL WORK SESSION DECEMBER 13, 2006 PAGE 2 released in a couple of weeks; and, the study was completed under a contract between EPA and the Kenaitze Tribe. • Seems wise to delay this decision until release of second boat wake study; DNR did not wait on the second study because KRSMA was greatly in favor of going forward with these new regulations based on the first boat wake study; and, concerns were discussed with no going back if new regulations are adopted. • No other alternatives were considered by DNR to reduce hydrocarbons in the river other than removing two-stroke engines. • Local people are going to be most affected by removal of two-stroke engines. • The boat allowed under these new regulations would require a 150 horse power motor to run efficiently. Public Works Manager Kornelis commented the KRSMA decision was not unanimous; there were two dissenting votes, his being one; and, he felt it was not appropriate to vote on the new regulations without results from the 2005 boat wake study. Findin Council requested City Manager Koch submit comments to DNR on postponement of passage of the new regulations until after release of the 2005 boat wake study for consideration in drafting of the regulations and request DNR to look at other alternatives to remove two-stroke engines from the Kenai River in the near future. YTEM C: The work session adjourned at 6:00 p.m. Notes prepared by: Jenifer C. Lockwood, Deputy City Clerk F a~ AGENDA KENAI CYTY COUNCIL -REGULAR MEETING DECEMSER zo, 2006 ~:oo 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 *All items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member 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.) Ordinance No. 2200-2006 -- Repealing the Existing Title 22 of the Kenai Municipal Code and Replacing It With a New Title 22 Enlitled, "General Fund Lands." (Clerk's Note: Ordinance No. 2200-2006 was substituted, amended and postponed to December 20, 2006. The motion to adopt is active.) a. Substitute Ordinance No. 2200-2006 -- Repealing the Existing Title 22 of the Kenai Municipal Code and Replacing It With a New Title 22 Entitled General Fund Lands. 2. Ordinance No. 2202-2006 -- Amending KMC 11.05.090 Entitled "Use of Launch Ramp and Float," by Adding a Subsection Limiting 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. (Clerk's Note: Ordinance No. 2202-2006 was substituted and introduced at the December 6, 2006.) a. Substitute 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-C~cle or Direct Injection Two-Cycle Engines.. 3. Resolution No. 2006-67 -- Directing the Continuation of the Project Entitled "McCollum-Aliak-Japonski Assessment District" and Designating What Improvements are to be Included in this Project. 4. Resolution No. 2006-68-- Adopting the City of Kenai FY 2008 Capital Improvements Plan (CIP) Priorities for the City of Kenai. ITEM F: MINUTES *Regular Meeting of December 6, 2006. ITEM G: ITEM H: NEW BUSINESS Bills to be Ratified 2. Approval of Purchase Orders Exceeding $15,000 3. *Ordinance No. 2203-2006 -- Amending KMC 1.15.130 Entitled, "Telephonic Participation" to Emphasize Responsibilities of the Council Member(s) Requesting Telephonic Participation of a Council Meeting. 4. Approval -- Commission/Corninittee Term Renewals ITEM I: 1. Council on Aging 2. Airport Commission 3. Harbor Commission 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 EXECUTIVE SESSION -- None Scheduled ITEM M: ADJOURNMENT KENAI CITY COUNCIL -REGULAR MEET%NG DECEMBER 20, 2006 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: / /www.ci.kenai.ak.us MAYOR PAT PORTER, PRESIDING MINUTES 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: Pat Porter, Mayor Joe Moore, Vice Mayor Linda Swarner Barry Eldridge Rick Ross Robert Molloy Absent was Mike Boyle. A quorum was present. Also present: Adam DeMello, Student Representative A-3. AGENDA APPROVAL ADD TO: E-2a, Reference: Ordinance No. 2202-2006, Letter from Robert A. Stockdale opposing Ordinance No. 2202-2006. ADD TO: E-3a, Substitute Resolution No. 2006-67 -- Correcting fourth and fifth whereas paragraphs. ADD TO: E-3a, Reference Resolution No. 2006-67 -- Chris J. Rhodes objecting to square footage assessment. MOTION: Council Member Moore MOVED for approval of the agenda with the lay-down information and requested UNANIMOUS CONSENT. Council Member Swarner SECONDED the motion. There were no objections. SO ORDERED. A-4. CONSENT AGENDA KENAI CITY COUNCIL MEETING DECEMBER 20, 2006 PAGE 2 MOTION: Council Member Moore MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. There were no objections. SO ORDERED. YTEM B: SCHEDULED PUBLIC CONIMENTS Mayor Porter read a proclamation to Keith Kornelis, City of Kenai Public Works Manager, congratulating him on his upcoming retirement on December 31, 2006 and thanking him for his 29 years of service to the City. ITEM C: (3 minutes) Kate Ghaber, 47146 Lexington, Kenai -- Ms. Ghaber spoke in support of the proposed library expansion and requested the city to give financial support toward the expansion. Donald McCloud, 406 Haller Street, Kenai -- Mr. McCloud spoke im opposition to r "-'Ordinance No. 22202-2006, noting the number of guides should be controlled and there was no space for local folks to fish the River. McCloud also stated his concern of the raise in Enstar Natural Gas to its customers. Susan Morrison, 604 Westwood Court, Kenai -- Ms.. Morrison stated her disappointment the proposed library expansion was not included on the City's Capital Improvement Project list as she felt it was a priority for the community. ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS None. ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) E-1. Ordinance No. 2200-2006 -- Repealing the Existing Title 22 of the Kenai Municipal Code and Replacing dt With a New Title 22 Entitled, "General Fund Lands." (Clerk's Note: Ordinance No. 2200-2006 was substituted, amended and postponed to December 20, 2006. The motion to adopt is active.) E-la. Substitute Ordinance No. 2200-2006 -- Repealing the Existing'I'itle 22 of the Kenai Municipal Code and Replacing It With a New Title 22 Entitled General Fund Lands. KENAI CITY COUNCIL MEETING DECEMBER 20, 2006 PAGE 3 MOTION: Council Member Ross MOVED to substitute Ordinance No. 2200-2006 and Council Member Molloy SECONDED the motion. There were no public comments. Council Member Ross reported the Planning & Zoning Conunission reviewed the ordinance at its December 13, 2006 meeting and made no comments. Attorney Graves reviewed his memorandum included in the packet which summarized the changes made in the substitute ordinance. VOTE ON MOTION TO SUBSTYTUTE: *Student Representative DeMello: Yes Bo le Absent Porter Yes Moore Yes Swarner Yes Eldridge Yes Ross Yes ~ Molloy Yes MOTION PASSED UNANIMOUSLY. VOTE ON MOTION TO ADOPT AS SUBSTITUTED: *Student Representative DeMello: Yes Boyle Absent Porter Yes Moore Yes warner ~ Yes Eldridge Yes Ross _ Yes Molloy Yes MOTION PASSED UNANIMOUSLY. E-2. Ordinance No. 2202-2006 -- Amending KMC 11.05.090 Entitled "Use of Launch Ramp and Float," by Adding a Subsection Limiting 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. (Clerk's Note: Ordinance No. 2202-2006 was substituted and introduced at the December 6, 2006.) E-2a. Substitute 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. KENAI CITY COUNCIL MEETING DECEMBER 20, 2006 PAGE 4 MOTION: Council Member Moore MOVED to substitute Ordinance No. 2202-2006 and Council Member Eldridge SECONDED the motion. The floor was opened to public hearing. Dwight Kramer, 47083 Belmont Court, Kenai -- Suggested council consider moving the effective date forward to coincide with the Department of Natural Resources effective date of the new regulations for the upper part of the river and stated his belief there could be ways to allow two-stroke engines for personal use that would not be harmful. Ricky Gease, P.O. Box 700, Kenai -Stated he liked the ordinance; felt it proactive; encouraged the city to pass the ordinance; and encouraged the city to extend the ordinance to cover private properties from any boat ramp below Warren Ames Bridge. Gease also noted, the Kenai Sportfishing Association was investigating opportunities for low or no-interest loans for purchase of motors and, when asked, confirmed discussions related to solving the river pollution only included the removal of two- stroke engines and no other options. City Attorney Graves noted the ordinance was based on jurisdiction the city owns the boat launch and the city would have difficulty in enforcing control on launches not owned by the city. Don Wright, 604 McCollum Drive, Kenai -- Spoke in opposition to the ordinance, noting he believed it would be a minor fix for the river pollution. Brent Johnson, President, Kenai Peninsula Fishermen's Association -- Spoke in support of the ordinance, noting the four-stroke engines would be cleaner, more efficient and would offer better mileage. George Parks, Soldotna -- Spoke in opposition to the ordinance, noting 50 horsepower engines were not always detuned and it would be difficult to identify those which have been or have not been detuned. Parks stated he believed other options needed to be investigated other than only removal of the two-stroke engines from the river. Robert Ruffner, Executive director, Kenai Watershed Forum -- Ruffner noted the following: • Stated. his appreciation of Keith Kornelis and his years of service to the city. • Information related to science and measurements of pollution to the river could be attained at the Kenai River Center. KENAI CITY COUNCIL MEETING DECEMBER 20, 2006 PAGE 5 • Pollution could be reduced by cutting down consumption of fuel. • Encouraged council to consider controlling the types of engines used from all ramps within the city. • Cities are eligible for the low or no-interest revolving loans for purchase of motors discussed earlier. • Reminded all the pollution of the river was not a user group issue, but taking care of the river. • Emission of pollutants go one-to-one with motor power. • Agreed with the comment to move the effective date ahead to 2008 after the regulations are amended by the Department of Natural Resources. Jim Butler, Kenai -- Noted he appreciated the rationale for the new regulation was incorporated into the ordinance; he believed a clear understanding of the jurisdiction south of the bridge was important; and, suggested use patterns of the city dock be identified. There being no others wishing to speak, the public hearing was closed. BREAK TAKEN: 8:06 P.M. BACK TO ORDER: 8:16 P.M. MOTION: Council Member Moore MOVED to postpone action on the ordinance in order to hold another public hearing on January 3, 2007. Council Member Eldridge SECONDED the motion. MOTION TO AMEND: Council Member Swarner MOVED to amend the motion to hold the additional public hearing on January 17, 2007. Council Member Eldridge SECONDED the motion. VOTE ON AMENDMENT: *Student Representative DeMello: Yes Boyle Absent Porter Yes Moore Yes Swarner Yes Eldridge Yes Ross Yes Molloy Yes ~ ~ ~ MOTION PASSED UNANIMOUSLY. VOTE ON MAIN AMENDED MOTION: KENAI CITY COUNCIL MEETING DECEMBER 20, 2006 PAGE 6 *Student Representative DeMello: Yes Bo le Absent Porter Yes Moore Yes Swarner Yes Eldrid e Yes _ Ross Yes Molloy ( Yes ~ ( ~ . - _ ~ MOTION PASSED UNANIMOUSLY. Action on Ordinance No. 2202-2006 was postponed to January 17, 2007. E-3. Resolution No. 2006-67 -- Directing the Continuation of the Project Entitled "McCollum-Aliak-Japonski Assessment District" and Designating What Improvements are to be Included in this Project. MOTYON: Council Member Eldridge MOVED to approve Resolution No. 2006-67 and Council Member Moore SECONDED the motion. The floor was opened to public hearing. Roy Espy, 403 McCollum Drive, Kenai -- Requested clarification on which allocation of assessment the resolution was based. It was noted, the allocation was based on frontage and remained a 25% (property owners)/75% (City) split. City Manager Koch reviewed the allocation information included in the packet (which had been previously forwarded to the property owners). Earl Moore, Kenai Grace Brethren Church -- Noted his appreciation of Keith Kornelis' work with the city. Recommended using the 100% per lot assessment method as he believed it the fairest option when considering the usage of the road. Don Wright, 604 McCollum, Kenai -- Thanked council for moving forward with the paving project; stated his appreciation of maintaining the 25/75 split of costs; and, believed the recommended allocation of assessments as noted in the resolution was the best for him. Koch reviewed the difference in allocations between the McCollum-Aliak-Japonski assessment district and that of the Angler Drive assessment district. MOTION TO SUBSTITUTE: Council Member Ross MOVED to substitute Resolution No. 2006-67 and Council Member Molloy SECONDED the motion. KENAI CITY COUNCIL MEETING DECEMBER 20, 2006 PAGE 7 VOTE ON MOTION TO SUBST%TUTE: *Student Representative DeMello: Yes Bo le Absent Porter Yes Moore Yes Swarner Yes Eldridge Yes Ross Yes Molloy Yes ~~ MOTION PASSED UNANYMOUSLY. VOTE ON MOTION TO ADOPT AS SUBSTITUTED: *Student Representative DeMello: Yes Boyle Absent Porter Yes Moore Yes Swarner Yes Eldridge Yes Ross ~ Yes Molloy Yes MOTION PASSED UNANYMOUSLY. E-4. Resolution No. 2®06-68-- Adopting the City of Kenai FY 2008 Capital Improvements Plan (CIP) Priorities for the City of Kenai. MOTION: Council Member Moore MOVED for approval of Resolution No. 2006-68. Council Member Swarner SECONDED the motion and requested UNANIMOUS CONSENT. There were no public comments. MOTION TO AMEND: Council Member Moore MOVED to amend the Capital Improvement List to add the project "Kenai Spur Highway Upgrade to five lane configuration between Soldotna and Kenai, State of Alaska, Department of Transportation & Public Facilities" as a $10 million funding request. Council Member Eldridge SECONDED the motion. Moore explained he proposed the motion amend as a result of the council's discussions with legislators during which it was noted the $5 million funding was already set aside for the upgrade, and it would be appropriate to bring the issue back before the Legislature to include the project on the STIP list. KENAI CITY COUNCIL MEETING DECEMBER 20, 2006 PAGE 8 VOTE ON AMENDMENT: There were no objections. SO ORDERED. VOTE ON MAIN MOTION AS AMENDED: *Student Representative DeMelIo: Yes Bo le Absent Porter Yes Moore Yes Swarner Yes Eldrid e Yes Ross Yes Mollo Yes MOTION PASSED UNANIMOUSLY. ITEM F: MINUTES F-1. Regular Meeting of December 6, 2006 -- Approved by consent agenda. ITEM G: ITEM H: H-1. Bills to be Ratified MOTION: Council Member Swarner MOVED to ratify the bills and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. There were no objections. SO ORDERED. H-2. Approval of Purchase Orders Exceeding $15,000 -- None. H-3. Ordinance No. 2203-2006 -- Amending KMC 1.15.130 Entitled, "Telephonic Participation" to Emphasize Responsibilities of the Council Member(s) Requesting Telephonic Participation of a Council Meeting. Introduced by approval of consent agenda. H-4. Approval -- Commission/Committee Term Renewals MOTION: KENAI CITY COUNCIL MEETING DECEMBER 20, 2006 PAGE 9 Council member Molloy MOVED to approve the term renewal applications as presented. Council Member Swarner SECONDED the motion and requested UNANEMOUS CONSENT. There were no objections. SO ORDERED. ITEM I: COMMYSSYON/COMMITTEE REPORTS I-I. Council on Aging -- Senior Center Director Craig reported the next meeting would be held on January 4, 2007. I-2. Airport Commission -- Council Member Molloy reported the December meeting was cancelled. I-3. Harbor Commission -- Public Works Manager Kornelis reported there was no quorum available for the December 11 meeting, however a brief work session was held during which the members present discussed the two-stroke engine issue and the possible combining of the Harbor Comnv sion with the Parks & Recreation Commission. The Parks & Recreation Commission will be invited to the January 8, 2007 Harbor Commission to discuss the combining of the commissions more fully. I-4. Libsary Commission -- Council Member Swarner reported the next meeting would be held on January 9, 2007 at 7:00 p.m. Y-5. Pazks & Recreation Commission -- Council Member Eldridge reviewed the meeting summary included in the packet, noting the Commission discussed the possible expansion of the cemetery and combining of the Harbor/Parks commissions. City Manager Koch was requested to report on the development progress of the dog park at the January 3, 2007 council meeting. I-6. Planning & Zoning Commission -- Council Member Ross reviewed actions taken at the December 13, 2006 meeting which included plat approvals, conditional use permit approvals, and denial of a variance permit for aConservation- zoned lot on Redoubt Terrace Bluff, and a brief discussion related to Ordinance No. 2200-2006. I-7. Miscellaneous Commissions and Committees I-7a. Beautification Committee -- No meeting. Y-7b. Alaska Municipal League Report -- Swarner referred to information included in the packet related to the National Association of Counties (NACo) Western State Region Conference meeting to be held in Fairbanks in May and encouraged council members to attend. ITEM J: REPORT OF THE MAYOR -- Mayor Porter reported the following: KENAI CITY COUNCIL MEETING DECEMBER 20, 2006 PAGE 10 • She is working with George Ford/Kenai Historical Society, in corresponding with the Russian Orthodox Church in regard to relocating the cabins now situated behind Fort Kenay. • She attended a reception at the Economic Development District. • She is working with City Manager Koch in planning a Peninsula Governor's Inauguration Ball to be held in Kenai on February 3, 2007. ITEM K: K-1. City Manager -- City Manager Koch reported the following: • Noted his letter to the Department of Natural Resources related to the Kenai River pollution issue was included in the packet. • Noted a letter from the State Fire Marshall's Office related to the leasing of the fire training facility. Koch stated he hoped to have a finalized agreement for council's review at the January 3, 2007 meeting. • It appears the last issues with regard to the purchase of property by Walmart had been resolved and he hoped to bring the ordinance forward at the January 3 meeting. • He is involved with the planning of the inaugural ball. Porter noted her preference to have Rick Koch replace Keith Kornelis on the Kenai River Special Management Advisory Board. MOTION: Council Member Swarner MOVED to have City Manager Koch be the designated representative from the City of Kenai on the Kenai River Special Management Advisory Board. Council Member Moore SECONDED the motion and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. K-2. Attorney -- City Attorney Graves noted the following: • He had been informed the city would be receiving an additional $48,000 from the Bankruptcy Trustee related to the Inlet Woods issue. The funds were collected from sale of properly. • Wished Keith Kornelis good luck in his retirement. K-3. City Clerk -- City Clerk Freas also wished. good luck to Keith Kornelis in his upcoming retirement. ITEM L: DISCUSSION L-1. Citizens -- None. KENAI CITY COUNCIL MEETING DECEMBER 20, 2006 PAGE 11 L-2. Council Molloy -- Wished Kornelis good luck in his retirement and all happy holidays. Ross -- Congratulated Kornelis in his retirement and wished hire good luck; wished all a Merry Christmas; and, congratulated Finance Director Semmens on a clean audit report. DeMello -- Noted school was on Christmas break and the Student Council and National Honor Society were conducting a phone card donation for troops through December 24. Eldridge -- Wished Kornelis good luck in his retirement and all a Merry Christmas. Swarner -- Wished Kornelis good luck in his retirement, and wished all a Meny Christmas. Moore -- Thanked Kornelis for his years of service to the City and requested administration provide council with a copy of the agreement made in the past related to the City's jurisdiction over the Kenai River below Warren Ames Bridge. Porter -- Wished all Merry Christmas and thanked Kornelis for his years of service, noting it had been a pleasure working with him. EXECUTIVE SESSION -- None Scheduled ITEM M: ADJ®URNMENT There being no further business before the Comrnission, the meeting adjourned at approximately 8:55 p.m. Meeting surmnary prepared and submitted by: Carol L. Freas, City Clerk rr~~lla e wit~i a past, Gc 9 ~` „~ ~,, 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 -.:, Telephone: 907-283-7535 /FAX: 907-283-3014 ,'III ''''- 7992 tl7ea~of KENA~ SKA MEMO: egg TO: City Council IrJV FROM: Rick Koch, City Manager JJJ""" DATE: January 3, 2006 SUBJECT: PRISM Training Facility The purpose of this correspondence is to inform you the Alaska Commissioner of Public Safety has approved the agreement for the Division of Fire Prevention, Fire Marshall's Office to assume management responsibility for the PRISM Alaska Fire Training Center. State persom7el have been actively involved in the operation of the facility since eari~y December and I expect the Fire Marshall's office fully in-place prior to February 28". On September 20, 2006 the City Council approved by motion the Facility Management Agreement with the State of A1aslca. Since that time, further negotiations modified the agreement and added two clauses, as follow: II. OPERATION OF CENTER BY ALASKA DNISION OF FIRE PREVENTION Added: 3. The Alaska Division of Fire Prevention will generate billings and invoice users of the facility. Payments will be made to the City of Kenai and depositedinto a dedicated account for the Alaska Fire Training Center Added: 6. The City agrees, should the annual operation (January 2007-December 2007) of the Fire Training Facility fail to generate revenues equal to expenses, the City will provide up to $ 40,000 to cover such shortfall. The first modification was mandated by the State's inability to receive revenues without being deposited into the general fund and re-appropriated by the legislature. The second modification was mandated by the State's lack of a committed revenue source to support operations at the PRISM Facility should revenues not meet or exceed expenditures. Administration considers the risk associated with pledging up to $ 40,000 in City funding to be low, and in aaly case significantly less than the annual expenditures have been to date. Especially in light of rental revenues presently being generated in excess of $ 50,000 aimually. Administration requests that the above modifications to the facility management Agreement be approved by motion of the Council. Attached please find the Facility Management Agreement including the modifications shown above located on pages 2 and 3. Thank you for your attention in this matter. FACILITY MANAGEMENT AGREEMENT FOR ALASKA FIRE TRAINING CENTER THIS AGREEMENT is made and entered into on this _ day of 2006, by and between the CITY OF KENAI, an Alaskan home-rule municipal corporation with offices at 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 (hereinafter "City"), and the State of Alaska, Department of Public Safety, Alaska Division of Fire Prevention, (address) (hereinafrter "Alaska Division of Fire Prevention"). WITNESSETH: WHEREAS, the City owns the Alaska Fire Training Center located in Kenai, to enable hands-on training of fire response personnel in scenarios replicating actual emergencies involving aircraft and structural/industrial setthlgs (hereinafter the "Center"); and WFIEREAS, the Alaska Division of Fire Prevention has certain technical expertise in the field of firefighter training, including training of personnel and trainers, and the maintenance and operation of fire training equipment; and WHEREAS, the City owns a stuctural/industrial fire training facility on the Center site, in order to enhance the fi-aining opportunities available at the Center; and WP~EREAS, the City has constructed an Administration Facility (hereinafter "Facility"), which will accommodate classroom training and certain hands-on training for use of apparatus and fire trairung equipment; and WHEREAS, the City desires that the Alaska Division of Fire Prevention accept management of the Center, and the Alaska Division of Fire Prevention desires to perform management of the Center, under the terms and conditions described herein below; and WHEREAS, this Agreement is intended to allow the Alaska Division of fire Prevention's office to manage and operate the Alaska Fire Training Center for the purpose of providing training. That training curriculum includes, but is not limited to, safe firefighting, hazardous material, emergency response, and public safety/law enforcement. NOW, THEREFORE, in consideration of the mutual premises appearing below, and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree, as of the date last appearing below, to be bound by the following terms: Alaska Fire Training Center Faoility Management Agreement Page i of 12 I. TERM OF AC>RhfEMENT This Agreement shall commence on the date Last appearing below, and shall continue until IL OPERATION OE CENTER BY ALASKA DIVISION OF FIRE PREVENTION The Alaska Division of Fire Prevention shall perform the following duties throughout the term of this Management/ Operations Agreement (hereinafter the "Agreement"). In performance of such duties, the Alaska Division of Fire Prevention shall not act as the City's agent, except to the extent authorized by this Agreement or subsequent written grant of such authority. The Alaska Division of Fire Prevention shall obtain any and all permits or licenses relevant to its performance of fire training services hereunder. A. Training. The Alaska Division of Fire Prevention shall schedule training at the Center on a year-round basis. The training is intended to include, but not be limited to, firefighting, hazardous material, emergency response, public safety and law enforcement. 1. The Alaska Division of Fire Prevention shall provide to the City: a. AARF and Airport Operations training required by Part 139 to City personnel which shall be fully compliant with Part 139 of the Federal Airport Regulations (as amended) at no cost to the City; and b. Structural/industrial training to City personnel on aclass-available and space- available basis at no cost to the City. c. Annual Live Fire Drill training on a space available or reimbursable propane costs basis. d. Classroom space at no charge on a space available basis for FAA, TSA, or other airport-related training. 2. The Alaska Division of Fire Prevention shall provide training to third parties. 3. The Alaska Division of Fire Prevention will generate billings and invoice users of the facility. Payments will be made to the City of Kenai and deposited into a dedicated account for the Alaska Fire Training Center 4. Revenues generated by training at the facility shall be distributed in the following order: a. Reimburse Alaska Division of Fire Prevention for all direct costs for management and operations. b. Reimburse City for all direct costs for facility maintenance, maintenance of AARF vehicles, and snow removalllandscape maintenance. c. Reimburse City an amount up to $25,000 per year for purchase of fire fighting training props from the AAL d. Additional revenues shall be placed in capital improvements/major maintenance/equipment replacement fund administered by the City. Expenditures Alaska Fire Training Center Facility Management Agreement Page 2 of 12 from this fund are subject to joint approval by the Alaska Division of Fire Prevention and the City. 5. At the end of the agreement, any money in the capital improvements/major maintena~lce/equipment replacement fund will be divided equally between the City and the Alaska Division of Fire Prevention. Any equipment purchased in whole or in part with these funds shall belong to the City. 6. The City agrees, should the atmual operation (January 2007-December 2007) of the Fire Training Facility fail to generate revenues equal to expenses, the City will provide up to $ 40,000 to cover such shortfall. B. Equipment. 1. The Alaska Division of Fire Prevention shall maintain the City-provided equipment, including. (a) that identified on the attached Exhibit A made a part hereof by this reference; and (b) electrical components of prop controls, operations panels and training equipment/systems which are part of the Facility, and shall return same to City at the end of the term of this Agreement in substantially the same condition as when received by the Alaska Division of Fire Prevention, reasonable wear and tea~• excepted. For lost or damaged items, the Alaska Division of Fire Prevention shall repair or replace City-provided equipment. 2. The Alaska Division of Fire Prevention shall provide and maintain the following equipment at its sole expense: a. Propane b. Props c. Sensors d. Controls C. Maintenance of Facility. The Alaska Division of Fire Prevention shall provide access to the Facility to city personnel (for inspection purposes) during all normal operatirg hours (and otherwise by reasonable advance notice). The City shall notify the Alaska Division of Fire Prevention if it requires emergency entry after operating hours. 1. Janitorial services: The Alaska Division of Fire Prevention shall perform or cause to be performed janitorial services within the interior of the Facility, except the 4,000 square-foot area on the second floor that may be leased by the City to a third party, including trash removal, and cleaning of classroom, office, and common areas as required to maintain a neat and clean appearance in the Facility. To the extent any other floor space is used by the City (or a third-party through the City), apro-rata adjustment shall be made. Alaska Fire Training Center Facility Management Agreement Page 3 of 12 2. Utilities: The Alaska Division of Fire Prevention shall pay utilities directly. To the extent any floor space is used by the City (or by a third party through the City), apro- rata adjustment shall be made. 3. Routine Maintenance: The Alaska Division of Fire Prevention shall perform or cause to be performed routine maintenance on all incorporated systems, including: waste water pre-treatment (prior to entering the municipal system); water supply; ventilation and air monitoring, propane plant and liquid propane systems, fire extinguisher charging systems, fire suppression and alarm systems (sprinklers), electrical, elevator systems, plumbing, heating, ventilation and air conditioning and air systems, emergency breathing systems, communication systems, self-contained breathing apparatus tanks, high pressure charging tanks, and the effluent building structure. This includes any preventive maintenance as may be recommended by the manufacturer of the system (with information to be supplied to the Alaska Division of Fire Prevention by the City upon occupancy) and any emergency service calls. However, it shall be the City's responsibility to schedule any inspections (annual or special) which may be required to comply or ensure complianhe with any regulations. To the extent any floor space is used by the City (or third party through the City), a pro-rata adjustment shall be made for maintenance of those articles which are in common use. ~4. Other Maintenance: Items which are beyond routine maintenance and which are non-emergency repairs to be performed by the City shall require notice by the Alaska Division of Fire Prevention to the City; emergency repairs may be performed Uy the Alaska Division of Fire Prevention or a parry performing at its request, so long as the Alaska Division of Fire Prevention notifies the City as soon as possible of such repair(s). 5. Warranty Items. Upon discovery of defective workmanship, defective materials, or evidence or poor design, construction or installation, the Alaska Division of Fire Prevention shall inform the City promptly of such item. 6. The Alaska Division of Fire Prevention shall invoice the City fox any pro-rata adjustments agreed to by the parties. D. Maintenance of Specialized Aircraft Fire Trainer ("SAFT"). The Alaska Division of Fire Prevention shall be responsible to return the SAFT to the City in substantially the same condition as existed at the commencement of the term of this Agreement, except for any damage which maybe caused by (a) reasonable wear and tear; or (b) events not caused by negligent act or omission of the Alaska Division of Fire Prevention (including its agents, employees, customers and invitees). E. Maintenance of AAI2F/A-2000 ("Fuel Spill Trainer"). The Alaska Division of Fire Prevention shall be responsible to return the A-2000 to the City in substantially the same condition as existed at the commencement of the term of this Agreement, except for any damage which may be caused by (a) reasonable wear and tear; or (b) events not caused by Alaska Fire Training Center Facility Management Agreement Page 4 of 12 negligent act or omission of the Alaska Division of Fire Prevention (including its agents, employees, customers and invitees). F. Maintenance of T-2000 ("Burn Building"). The Alaska Division of Fire Prevention shall be responsible to return the T-2000 to the City in substantially the same condition as existed at the commencement of the term of this Agreement, except for any damage which maybe caused by (a) reasonable wear and tear; or (b) events not caused by negligent act or omission of the Alaska Division of Fire Prevention (including its agents, employees, customers and invitees). G. Maintenance of Industrial Trainer ("Ruptured Pressure Vessel"). The Alaska Division of Fire Prevention shall be responsible to return the Industrial Trainer to the City in substantially the same condition as existed at the commencement of the term of this Agreement, except for any damage which may be caused by (a) reasonable wear and Year; or (b) events not caused by negligent act or omission of the Alaska Division of Fue Prevention (including its agents, employees, customers and invitees). H. Annual Operating Plan. The Alaska Division of Fire Prevention shall draft an operating plan no later than October 31 during each year of this Agreement, which plan shall set forth the anticipated use of the Center for the upcoming fiscal year. The City shall be provided with a copy of the operating plan. I. Annual Report. The Alaska Division of Fire Prevention shall, within 90 days of the end of the calendar year, prepare an annual report of operations to include statistics that show the type of classes taught and attendance along with revenues and expenses with sufficient detail to provide the City with a clear view of the financial operations. The financial records pertaining to the operations of the facility shall be made available to the City upon request. .T. Notification. The Alaska Division of Fire Prevention, by the end of January each year, shall provide the City with a written request for funding any major maintenance and/or equipment items so that the City is able to include such items, if appropriate in the annual budget process. K. Cooperative Marketing Efforts. The Alaska Division of Fire Prevention'shall work cooperatively with the City to market the Center with the goal of attracting new business for the Center and to retain established clients. The Alaska Division of Fire Prevention will incorporate information and materials made available by the City to enable the Alaska Division of Fire Prevention to promote local enterprises of potential interest to the Center's clients. L. Indemnification. The Alaska Division of Fire Prevention shall save or hold The City harmless from all actions, suits, liabilities, or damages resulting from or arising out of any negligent acts of commission or omission by the Alaska Division of Fire Prevention, its agents, employees, customers, invitees, or caused by the Alaska Division of Fire Prevention's occupation, operation, or use of the Facility, and to pay all costs connected Alaska Fire Training Center Facility Management Agreement Page 5 of 12 therewith, including reasonable attorney's fees. Notwithstanding The afore stated provision, the City shall save or hold the Alaska Division of Fire Prevention harmless from all actions, suits, liabilities, or damages Yo the extent resulting from or arising out of any negligent acts of commission or omission by the City's tenant, its agents, employees, customers, invitees (the "Tenant"), or caused by the Tenant's occupation, operation, or use of the Facility, and to pay all costs connected therewith, including reasonable attorney's fees. M. Insurance. The Alaska Division of Fire Prevention shall obtain and maintain insurance, in amomits not less than those listed below, by insurance companies with acceptable industry ratings, so long as such company is not barred from insuring City assets. All policies or endorsements shall, where possible, name the City as an additional insured. The Alaska Division of Fire Prevention shall not commence to perform under this Agreement until all. required insurance is in Full force and effect. 1. The Alaska Division of Fire Prevention shall provide the City with certificates of insurance within thhty (30) days of the effective date of this Agreement. Comprehensive general liability combined single Limit (death, bodily injury and property damage) $10,000,000.00 Worker's Compensation Statutory Minimum or 2. Aself-insurance program, or combination thereof, acceptable to the City. N. Compliance with all applicable regulation. In performing under this Agreement, the Alaska Division of Fire Prevention agrees that it shall comply with all applicable local, state and federal regulations pertaining to such performance. The Alaska Division of Fire Prevention shall not knowingly permit illegal activities to occur on the Center premises. O. Independent Contractor Status. The Alaska Division of Fire Prevention shall be deemed to be an independent contractor and shall be wholly responsible for the manner in which the Alaska Division of Fire Prevention performs the services required hereunder. Nothing contained herein shall be construed as creating an employment or agency relationship between the City and the Alaska Division of Fire Prevention (for the purposes of this Section, the Alaska Division of Fire Prevention shall include its employees, agents, officers, directors, and subcontractors). The Alaska Division of Fire Prevention shall be solely responsible for the compensation (including benefits, if any) paid to said parties. The Alaska Division of Fire Prevention shall determine the appropriate personnel required to perform the duties described herein, and shall select, hire, supervise, and manage such personnel Alaska Fire Training Center Facility Management Agreement Page 6 of 72 This agreement does not lease, demise, rent or otherwise convey any land or interest in lands or property, in the Facility or Center, or the property aY450 Marathon Road, Kenai, Alaska. P. Management. The Alaska Division of Fire Prevention shall have management authority of the Center for hands-on training on aircraft and structural-industrial settings, including all parking spaces--except 12 which shall be reserved for athird-party tenant. The Alaska Division of Fire Prevention shall. have management authority of the Facility (including the entire first floor and the following spaces on the second floor: prop room and library for classroom and hands-on training). The City shall ensure that use of the second floor space by any third party (non-govermnent entity) is not incompatible with the Alaska Division of Fire Prevention's management and operation of the facility. Subject to the provisions of Section III-J, the City may, on a reasonable and scheduled. basis, utilize classroom spaces on the first floor for educational proposes as long as it does not interfere with the Alaska Division of Fire Prevention's management of the premises. The City reserves the right to the use of the Center and Facility during government declared local or area-wide emergencies. Q. Technical Advisory Committee. The Technical Advisory Committee (Committee) comprised of industry representatives that utilize the Center shall be selected jointly by the Alaska Division of Fire Prevention and the City. The Committee shall meet at least annually to review the annual operations plan, discuss past and on-going training programs, and suggest changes, modifications, deletions and/ox additional to the training programs offered. The Committee shall consist of the following: One seat- Alaska Division of Fire Prevention One Seat-Alaska State Fire Marshal One seat- City of Kenai Two seats -Oil and Gas Industry Two seats -Mining Industry One seat- Alaska Fire Chiefs Association One seat- Marine Industry One seat- ADOT/PF, Aviation Maintenance and Operations One seat- Alaska Association of Chiefs of Police One seat Alaska Region FAA Airports Certification Inspection One seat Alaska International Airport System (FAI and ANC) III. CITY SHALL PERFORM THE FOLLOWING DUTIES THROUGHOUT THE TERM OF THIS AGREEMENT. A. Ingress and Egress. Provide ingress and egress to Facility for the Alaska Division of Fire Prevention, officers, employees, agents and invitees. Alaska Fire Training Center Facitiry Management Agreement Page 7 of 12 B. Purchase of Fire Training Props. The City agrees to purchase from AAI Engineering Support, Inc. fire training props currently at the Center for $250,000 for the use of the Alaska Division of Fire Prevention. C. Payment Terms. The City shall pay the Alaska Division of Fire Prevention charges pursuant to this Agreement (Section ILC.6. above) no later than thirty (30) calendar days following the invoice date. D. City Maintenance of Center Property. The City shall provide all major maintenance of the Facility, non-potable water system (as well as systems to carry run-off from the same), mechanical, electrical and plumbing systems and gromids keeping (including but not limited to landscaping, grass cutting') and snow removal on the access road and parking lot. E. Systems and Equipment. The City shall be responsible for the refurbishments and/ox replacement of incorporated Facility systems, except prop controls, operations panels, and any classroom training equipment, which shall be maintained in good working order by the Alaska Division of Fire Prevention. The City shall provide the equipment listed on Attachment A made a part hereof by this reference and the Alaska Division of Fire Prevention shall replace The equipment as necessary. F. Non-potable Water for Training. The City shall provide (and maintain-routine and otherwise) adequate fire hydrants and/or other water delivery systems required to deliver non-potable water to the training sites around the Center, as well as the systems for carrying away the run-off from same. G. Cooperative Marketing Efforts. The City shall work cooperatively with the Alaska Division of Fire Prevention to market the Center with the goal of attracting new business for the Center and to retain established clients. The City will ensure the availability of information and materials to enable the Alaska Division of Fire Prevention to incorporate sales, public relations, and local tourism by Center clients. H. Operating Plan Review. Not later than October 1 of each year during the term of this Agreement, the City shall provide to the Alaska Division of Fire Prevention iYs anticipated training needs for the following fiscal year for inclusion in the Alaska Division of Fire Prevention's strategic plan. Not later than December 1 of each year during the term of the Agreement, the City shall review and comment to the Alaska Division of Fire Prevention on the operating plan for the upcoming year of Center activities. I. Training Vehicles. The City shall provide the training vehicles listed on Attachment A made a part hereof by this reference at no charge to the Alaska Division of Fire Prevention for use in the Alaska Division of Fire Prevention's performance hereunder. The City shall ensure that the vehicles receive routine service maintenance, annual factory service, and any applicable certifications. The City shah provide automobile liability insurance with an insurance company with an acceptable hidustry rating in the amount of not Less than ONE Alaska Fire Training Center Facility Management Agreement Page 8 of 12 MILLION DOLLARS ($1,000,000) per occurrence. The City shall provide the Alaska Division of Fire Prevention a certificate of insurance name the Alaska Division of Fire Prevention as additional insured on such policy. J. Exclusivity. In recognition of the extraordinary investment of time and resources by the Alaska Division of Fire Prevention and the City to develop a comprehensive training site, during the term of this Agreement, the City shall not contract with nor grant to any third party the right to provide fire training services for Kenai on the Center's site, unless suoh training services are being provided to an audience which includes only person(s) employed by the City of Kenai. Furthermore, throughout the term of the Agreement, no fire-related paining on the site shall be scheduled independently by the City without prior coordination with the Alaska Division of Fire Prevention's local manager. K. License Applications. The City shall assist the Alaska Division of Fire Prevention by providing any information which may be reasonably required by the Alaska Division of Fire Prevention to obtain permits or licenses, or to otherwise comply with local, state or federal. regulations. IV. MTSCELLANEOL~S A. Assignment; Neither party may assign this Agreement to another party without the prior written permission of the other party. However, no assignment shall relieve the original contracting party from its obligations hereunder, and the assignee shall be subject to all terms and conditiorvs of this Agreement. B. Default, Right to Cure, and Termination. I. Termination. This Agreement may be terminated by either party by giving one htuidred twenty (120) days notice. 2. Funding Shortfall. The City or Division of Fire Prevention may terminate this Agreement at any time in the event there are insufficient lawfully appropriated funds for the operation of the Center, provided that, (a) the City or Division of Pire Prevention shall give one hundred twenty (120) days notice of such termination; (b) due to the advance bookings which the Alaska Division of Fire Prevention may have for the Center. If the termination is by the City, at the sole election of the Alaska Division of Fire Prevention, the Alaska Division of Fire Prevention may continue to operate the Center, providing training to Center clients and to City trainees (however, during funding shortfall periods, training of City trainees shall be at a cost negotiated with the City prior to such training); alid (e) if such funds should be appropriated prior to the original expiration date of this Agreement, the Alaska Division of Fire Prevention be entitled to reinstate this Agreement as if no interruption had occurred. 3. Accrued Fees. Upon termination of this Agreement by either party, for any reason whatsoever, the parties shall pay to one another fees accrued through the date of termination; but the payment and acceptance of such sums by either party shall be Alaska Fire Training Center Facility Management Agreement Page 9 of 12 without prejudice to claims by either party for damages arising out of the breach by the other party of this Agreement, including wrongful termination. 4. Return of Property. If, at the time of termination, either party has in its possession funds or other property of the other party, such property shall be retuned to the owner immediately, but not later than thirty (30) days following receipt of written notice. 5. Rights and Remedies. The rights and remedies of the parties contained in this section are not exclusive and are in addition to all other remedies available to the parties at law or in equity. 6. Non-waiver. The failure of either party at any time to enforce a provision of this Agreement shall in no way constitute a waiver of the provision, nor in any way affect the validity of this Agreement or any part hereof, or the right of such party thereafter to enforce each and every provision hereof. 7, Amendment. This Agreement may be amended only by written agreement executed by the parties. 8. Choice of Law. The laws of the State of Alaska shall govern the rights and obligations of the parties under this Agreement. Any action commenced under this Agreement shall be filed in the Third Judicial District at Kenai, Alaska. 9. Severability. Any provisions of this Agreement decreed invalid by a court of competent jurisdiction shall not invalidate the remaining provisions of this Agreement, unless such provision is reasonably considered by either party to have a material impact on the financial or operating control of the Center. Should either party reasonably consider an invalidated provision to be material, either party may terminate this Agreement with ninety (90) days prior written notice, subject to all other termination provisions set forth herein or in the Lease. 10. Notices. All notices required by this Agreement shall be in writing and shall be sufficiently given and served upon the other party if sent by registered or certified United States mail, postage prepaid, and addressed as follows: LF SENT TO CITY: City Manager City of Kenai 210 Fidalgo Avenue Kenai, AK 9967.1-7794 or at such other place as the City may, from time to time, designate by notice to the Alaska Division of Fire Prevention. IF SENT TO ALASKA DIVISION OF FIRE PREVENTION: Alaska Division of Fire Prevention Dept. of Public Safety Alaska Pire Training Center Facility ;vlanagement Agreemenr Page 10 of 12 State of Alaska or at such other .place as the Alaska Division of Fire Prevention may, from time to time, designate by notice to the City. 11. Force Majeare. Except as otherwise provided, neither party shall be obligated to perform hereunder, and neither shall be deemed to be in default, to the extent its respective performance is prevented by fire, earthquake, flood, act of God, st1•ike, picket, or boycott of the Center, riot, civil commotion, or other matter or condition beyond the control of the parties, including the unavailability of sufficient fuel or energy to operate the Center, or any law, ordinance, rule, regulation, or order of any public or military authority stemming from the existence of economic controls, riot hos6lifies, war or governmental law and regulation. 12. Tnfegration. This Agreement and all incorporated attachments and appendixes hereto embody the entire agreement of the parties relating to the services to be provided hereunder. There are not promises, teens, conditions, or obligations other than those contained herein, and this Agreement shall supersede all previous communications, representations, or agreements, either oral or written between the parties. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day acrd year first written above. PASSED and APPROVED by the City Council of the City of Kenai, Alaska, on the day of 2006. CTI`Y OF KENAI By: Rick R. Koch, City Manager STATE OF ALASKA ALASKA DIVISION OF FIRE PREVENTION By: Alaska Fire Training Center Facility Management Agreement Page ll of 12 ATTEST: Carol L. Freas, City Clerk APPROVED AS TO FORM: Cary R. Graves, City Attorney STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this _ day of 2006, RICK R KOCH, Kenai City Manager, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknwowledged the voluntary and authorized execution of the foregoing instrument on behalf of said City. Notary Public for Alaska My Commission Expires: STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of 2006, , for State of Alaska, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said City. Notary Public for Alaska My Commission Expires: Alaska Pire Training Center Facility Management Agreement Page 12 of 12 N-i _~ e o N N {y ~ N F- Z m C? O ~ V ~ M V tM ~ N O g Q ~ N N W U Z O O Q O o0 0 K 0 o 0 ~ ~ 0 0 0° 0 Z Z 2 } F- ~ W r c- = a a ~ ~ U 2 ¢ uI 4 ~_- Q = J ~ H z F Q w c m ~ o o °o a ° N H U LL F- W U d (Y J ~ V z g ~ ~ O U o a U a r ~ > ~ W r°i d ~ g u i x ~ p w ~ 2 ~ = a c n S > >- ~ ¢ t S~ w z > O ¢ N ~ > ~ ? , a z C7 0 j ., a °o `~ 0 o .. Y v (n ~ ~ Q w z v o w ~ aN- ~ m a ~ vwi vvi ~ z O W of ~ H K dd o ~ ~ ~ ° 04. O > d U W Z a > ~ O N-3 "Se~vuu~th.PiGv>?a~ Kevta.+~ ~evu,vt~ulcv' sos nr. wru.ow sr. surrE aufl a~r+rar, ALASKA ss5~ ~ Municipal Airport 7FJ.EFH®PIE 907,2837951 FAX. 907-2833737 ~® To: Rick R. Koch, City Manager From: Rebecca Cronkhite -Airport Manager Date: December 26, 2006 Subject: Airport Cafe Proposal In December we received a proposal from Sherry and Teea McBride, currently doing business as K- Beach Diner, to operate a Cafe in the Airport Terminal. Airport administration has reviewed the proposal and found it complete with all requirements of the original RFP, including a bid amount in excess of the required minimum. The concessionaire is in compliance with all City and Borough tax requirements. The proposal submitted by the McBride's is attached as part ofthe concession agreement for Council review. The concession agreement is similarto past agreements with language added to designate days and hours of operation and provide remedies for extensive closure. The concession agreement also extends the normal 5 year term by 3 months. This extension allows future agreements to take effect in the early spring rather than in the middle ofv~inter. This change is in response to some of the concerns expressed during the recent RFP process. The attached proposal states that the restaurant v~ill be open 7 days a week for at least 8 hours a day with hours adjusted to accommodate market conditions. The owners have four family members working full time to accommodate this schedule and anticipate being open 12 hours a day in the winter and 15 hours a day in the summer. The attached contract requires a minimum of 6 hours a day, six days a week. The McBrides plan to attend the Council meeting to answer questions. The proposed business name is Kenai Cafe and the McBride's have been granted early right of entry so they can start cleaning the premises. If Council awards this concession agreement to the McBride's, a grand opening is planned for Friday, January 12. www.ci.kenai.ak.us. DRAFT CITY OF KENAI KENAI MUNICIPAL AIRPORT RESTAURANT CONCESSION AGREEMENT Sherry C. McBride and Teea M. McBride, individually (Concessionaire), Kenai Cafe, 1111 Fifth Avenue, Kenai, Alaska 99611, and the lessor CITY OF KENAI, a municipal corporation, organized and existing under the laws of the State of Alaska (City), 210 Fidalgo Avenue, Suite 200, Kenai, Alaska 99611, hereby enter into this contract for restaurant concession services at the Kenai Airport, the term of which is January 12, 2007 through March 31, 2012.. INTRODUCTION A. The City owns and operates the Kenai Municipal Airport, located in Kenai, Alaska. B. In connection with the Airport, the City owns the Terminal C. The City has determined that offering a Restaurant Concession Agreement by the competitive bid process is in the best interest of the City and the traveling public. D. The Concessionaire desires to operate the Restaurant Concession in the Terminal. E. The City solicited competitive bids for the Restaurant Concession, and the Concessionaire was the successful bidder. ARTICLE I: DEFINITIONS The following definitions apply for this Agreement: A. Agreement: This Agreement, together with: 1. Certified Activity Report form (CAR) (Exhibit A) 2. Drawing of Airport Restaurant Space 8l8A (Exhibit B); Restaurant Concession Agreement City Page 1 of 28 Concessionaire Concessionaire DRAFT 3. List of city-owned equipment in the restaurant (Exhibit C); 4. Kenai Cafe Proposal (Exhibit D): and 5. All future amendments or supplements executed by the parties to this Agreement. B. Agreement Year: This Agreement includes the following five agreement periods: 1. January 12, 2007, through December 31, 2007 2. January 1, 2008, through December 31, 2008 3. January 1, 2009, through December 31, 2009 4. January 1, 2010, through December 31, 2010 5. January 1, 2011, through March 31, 2012 C. Airport: The real property and facilities of the Kenai Municipal Airport, 305 N. Willow, Suite 200, Kenai, Alaska, as they exist on the execution date of this Agreement, together with any future additions or expansions. D. Airport Manager: The City's designated manager at Kenai Municipal Airport acting directly or through a duly authorized representative. E. Certified Activity Report: A report that lists the Gross Sales generated by the Restaurant Concession during the calendar month for which payment is made. The format of the Certified Activity Report is specified in Exhibit A. F. Concessionaire: The successful bidder for this Restaurant Concession Agreement, who enters into this Agreement, or any other subsequent Concessionaire as provided under Article XXI (Assignment or Subletting) of this Agreement. G. Disadvantaged Business Enterprise (DBE): A business certified by the City of Kenai or the State of Alaska, as a disadvantaged business enterprise as defined in 49 CFR, Part 23. H. Entertainment Device: A mechanical or electronic device, video game, or similar item used for personal entertainment in a public place. Manager: That person described in Article VII and having authority to act for the Concessionaire. J. Premises: The floor space leased to the Concessionaire for the uses authorized under this Agreement is as shown below (also see Exhibit B): Restaurant Concession Agreement City Page 2 of 28 Concessionaire Concessionaire DRAFT The premises known as the restaurant area of the Kenai Municipal Terminal within the Northwest Quarter (NW '/4) of the Southeast Quarter (SE Y4), Section 32, Township 6 North, Range 11 West, Seward Meridian, in the Kenai Recording District, Third Judicial District, State of Alaska. And K. Term: The period of time specified under Article II of this Agreement. ~. Terminal: The City of Kenai passenger terminal building at the Airport. M. Vending Machine: Acoin-operated device for selling nonalcoholic beverages or food items. ARTICLE 11: TERM A. Term: This Agreement is effective on the date it is signed on behalf of the City. The City grants the Concessionaire the rights listed in Article III beginning at 12:01 a.m., January 12, 2007, and ending at 12:00 midnight on March 31, 2012, with a possible 5-year extension if the concessionaire is, or during the first four years of the contract becomes, a State Certified DBE, and the FAA agrees to the extension, and said extension is mutually agreeable to both parties. Shorter extensions may be granted to non-DBE's if mutually agreeable and approved by FAA. B. Holding Over: If the Concessionaire holds over without a written renewal of this Agreement after it expires, the holding over does not operate as a renewal or extension of the rights granted under this Agreement, but only creates amonth-to- month tenancy, regardless of any payment the City accepts. The Concessionaire's obligations to perform under this Agreement will continue until the City terminates the month-to-month tenancy. The City may terminate the holdover tenancy at any time by giving the Concessionaire at least 10 days' written notice. The monthly payment for any holdover period is the monthly rental fee. ARTICLE IIl• RIGHTS GRANTED RESERVATIONS AND PROHIBITIONS Subject to the rights and obligations under this Agreement, the City grants the Concessionaire the authority to exercise the following rights: A. Non-Exclusive Rights: The City grants the Concessionaire the following non- exclusive rights: 1. To prepare, serve, or sell food and beverage items, except vending machines. Restaurant Concession Agreement City Page 3 of 28 Concessionaire Concessionaire UxArT 2. To provide in-flight meal service for airline crews and passengers. 3. To provide delayed-flight meal service inside aircraft parked at the Terminal. 4. To prepare, serve, and sell foad and nonalcoholic beverages to customers on the Airport other than in the Terminal or off the Airport. 5. To install and operate Entertainment Devices on the premises when approved in writing by the Airport Manager. B. General Rights: The City grants the Concessionaire the following general rights: 1. To ingress, egress, and occupy the premises by the Concessionaire, its officers, contractors, suppliers, service personnel, guests, patrons, and invitees, subject to the security rules of the Airport. 2. To construct and install fixtures, equipment, and other improvements necessary to operate the concession, subject to the prior written approval of the City (Article X of this Agreement). C. Reservations: The City reserves the following rights: 1. To authorize airlines to provide Restaurant service in airline VIP rooms. 2. To grant others any right or privilege not specifically and exclusively granted to the Concessionaire. 3. To allow airlines to provide complementary coffee and snacks during hours when food and beverage service provided under this agreement is not available. 4. The rights and privileges granted the Concessionaire under this Agreement are the only rights and privileges granted the Concessionaire. The Concessionaire has no easements, rights, or privileges, expressed or implied, other than those specifically granted under this Agreement. D. Prohibitions: This Agreement prohibits the Concessionaire from the following: 1. To provide any service or product not described in this Agreement without the prior written consent of the City. If a question or dispute arises concerning the sale of any service or product, the Concessionaire may submit a written request to the City asking for a review and decision concerning the dispute. The City will deliver a written decision to the Concessionaire, and the decision of the City is final. Restaurant Concession Agreement City Page 4 of 28 Concessionaire Concessionaire DRAFT 2. To sell any item or service for which the City has granted exclusive concession rights to others. To divert any business or cause or allow by its own actions any business to be diverted from the Airport. E. Hours/Days of Operation: The Concessionaire will be open for business 7 days per week as outlined in their proposal and attached as exhibit D. One scheduled closure of up to 7 days is allowable in each calendar year providing the Concessionaire provides 2 weeks notice of closure to the Airport Manager and public. Hours of operation shall be as proposed in exhibit D. Changes to hours of operation must be approved, in writing by the airport manager. The minimum hours allowed by the contract shall be 6 days per week, 6 hours per day. If the concessionaire requests to operate for fewer hours then the City shall have the option of advertising for proposals and negotiating a new contract and terminating the existing contract if it is in the best interest of the City. F. Emergency Closures: The City recognizes that emergency situations may occur that are beyond the control of the concessionaire. If an emergency arises that requires. an unexpected closure then the Concessionaire will notify the Airport Manager of the circumstances in writing. If excessive closures occur the City shall have the option of terminating this contract. G. Closure for Repairs: The parties recognize that major repairs of the building may occur during the life of this contract. The City reserves the right to cause interruptions to the utilities and other amenities as necessary to conduct normal repairs. Provided that such interruptions are minimal and notification of such work is provided the concessionaire then the City is not held liable for lost revenue. If the interruption fasts more that one working day then appropriate adjustments will be made to the rent. ARTICLE IV: PREMISES A. The City will deliver the premises to the Concessionaire at 12:01 a.m. on January 12, 2007. The Concessionaire accepts the premises in its then-present condition and as is. The Concessionaire acknowledges that the City's obligation is limited to making the premises available to the Concessionaire for its use. ARTICLE V: FEES AND PAYMENTS A. Rental Fees: For the rights and privileges granted under this Agreement, the Concessionaire will pay the City a monthly fee of $ XXXXX.XX. Restaurant Concession Agreement City _ Page 5 of 28 Concessionaire Concessionaire DRAFT B. Timel~r payment: Fees are due on the 1St and delinquent after the due date. Time is of the essence in meeting these requirements and the City will impose interest at the rate of eight percent (8%) per annum and ten percent (10%) penalties of any amount of money owed under this Lease which is not paid on or before the date it becomes due. The Concessionaire will make all payments using instruments denominated in United States of America currency. 1. Each payment specified in B above must be submitted with a Certified Activity Report (CAR) that shows the Concessionaire's gross sales during the calendar month for which payment is made. The Concessionaire will submit each CAR in the format shown in Exhibit A. Each CAR must separately itemize the Concessionaire's gross sales for the following: a) Food and nonalcoholic beverage sales in the Terminal; b) Entertainment devices; c) Gross sales attributed to a Disadvantaged Business Enterprise. 2. Gross sales numbers are confidential to the extent allowed by law. 4. Payments and Certified Activity Reports must be submitted to City of Kenai, Finance Department, 210 Fidalgo Avenue, Suite 200, Kenai, AK 99611. 5. The Concessionaire will make its payments free from any claim, demand, setoff, or counterclaim of any kind against the City, and will make its payments in cash or by check, bank draft, or money order payable to the City of Kenai. C. Waiver of Monthly Rental: 1. The City will waive the monthly rent if any of the following events occur: a. Any event, not the fault of the Concessionaire, that so damages the Terminal and prevents the normal operation of the Concessionaire's business for more than 30 consecutive days. If the normal operation of the Concessionaire's business is prevented for more than 30 consecutive days, this waiver is effective from the first day following the period of 30 consecutive days and will continue until normal operations can resume. b. Complete closure of the Airport to the commercial air transport of passengers for more than 30 consecutive days. If complete closure of the Airport exceeds 30 consecutive days, this waiver will be effective from the first day following the period of 30 consecutive days and will continue until the Airport is reopened to the commercial air transport of passengers. Restaurant Concession Agreement City Page 6 of 28 Concessionaire Concessionaire DRAFT 2. For the purposes of this Section, if the waiver period does not fall on the first or last day of the month, the minimum rent may be prorated on a daily basis to determine the Concessionaire's correct monthly fee. 3. At its discretion, the City will either credit any overpayment resulting from a waiver toward future payments due the City or refund the overpayment to the Concessionaire. D. Fees Vest in the City: Whether for cash or credit, the fees due the City for the services the Concessionaire is authorized to provide under this Agreement immediately vest in and become the property of the City. The Concessionaire is responsible for those fees until delivered to the City. E. Unpaid Fees: Any rent, charge, fee, or other consideration due but unpaid at the expiration or voluntary or involuntary termination or cancellation of this Agreement is a charge against the Concessionaire and its property, real or personal, and the City has any lien rights allowed by law. Either the City or its authorized agent may provide enforcement. F. Proposal Deposit: The City will cash the Concessionaire's proposal deposit and apply the funds to the fees due the City beginning with the first payment required under this Agreement. ARTICLE VI: DISADVANTAGED BUSINESS ENTERPRISE PARTICIPATION DISADVANTAGED BUSINESS ENTERPRISES (DBE's): The City of Kenai's policy is to ensure that DBE's have the maximum opportunity to participate in the performance of Airport concession contracts. (a) Concessionaire's obligation: The Concessionaire will ensure that DBE's have the maximum opportunity to participate in the performance of this agreement. This agreement is subject to the requirements of the United State Department of Transportation's regulations, 49 CFR, Part 23, Subpart F. The Concessionaire Agrees that it will not discriminate against any business owner because of the owner's race, color, national origin, or sex in connection with the award or performance of any concession agreement covered by 49 CFR, Part 23, Subpart F. The Concessionaire agrees to include the above statements in any subsequent concession arrangements that it enters and cause those businesses to similarly include the statements in further agreements. Restaurant Concession Agreement City Page 7 of 28 Concessionaire Concessionaire DRAFT The Concessionaire will comply with all applicable laws and regulations regarding the fair and equitable treatment of DBEs now in effect or which may subsequently take effect during this Agreement. The Concessionaire will include a provision to this effect in any subcontract or other arrangement for DBE participation entered into under this Agreement. ARTICLE VII: PERSONNEL The Concessionaire will maintain an adequate staff with the experience necessary to meet the provisions of this Agreement. A. Manager: The Concessionaire will select and properly train a Manager responsible for the general day-to-day operations under this Agreement. The Manager must reside in the Kenai area and be ordinarily available during regular business hours. At all times during the Manager's absence, a responsible subordinate must be in charge and available. B. Other Personnel: The Concessionaire's personnel will meet the standards set forth in this Agreement and will conduct the Concessionaire's operations in accordance with the standards set forth in Article IX of this Agreement. ARTICLE VIII: OWNERSHIP OF EQUIPMENT AND IMPROVEMENTS A. City-owned Equipment: The City holds title to certain restaurant equipment that is located on the premises and is listed on Exhibit C. B. Concessionaire-owned Equipment 1. Title to all Concessionaire-owned personal property, trade fixtures, equipment, furniture, vending machines, and entertainment devices remains vested in the Concessionaire. 2. Entertainment Devices: The City will approve the locations, maximum number, and kinds of entertainment devices it will allow on the premises. The Concessionaire will relocate or remove any Entertainment Device at its sole expense when requested to do so by the City. C. Ownership of Permanent Improvements On expiration, cancellation, or termination of this Agreement, title to any structural or other improvements that the Concessionaire cannot, in the City's determination, remove without damage to the premises vests in the City. These Restaurant Concession Agreement City Page 8 of 28 Concessionaire Concessionaire DRAFT improvements include interior walls, ceilings, carpeting, finished flooring, electrical wiring, air-conditioning ducts and equipment, and all interior decorations and finishing erected or installed by the Concessionaire. ARTICLE IX: SERVICE AND OPERATION The Concessionaire's operation under this Agreement is a service to the traveling public and other users of the Airport. The Concessionaire will operate its Concession in accordance with the highest standards and practices of the food and beverage industry. The Concessionaire will take all reasonable measures to maintain, develop, and increase its business within the Terminal. Accordingly, the Concessionaire will provide service in afirst-class, businesslike, efficient, courteous, accommodating manner and will comply with the following: A. Service Quality: The Concessionaire will provide the traveling public and other users of the Airport with high-quality service and products. B. Orderly Operation: The Concessionaire will conduct all business in a quiet, orderly, and courteous manner, so as not to annoy, disturb, or offend customers, patrons, or tenants of the Airport: C. Health Standards and Facilities` Cleanliness 1. The Concessionaire will comply with all established health standards as monitored by the local governmental health department. 2. Within five (5) days of any health standards inspection, the Concessionaire will provide the City with a copy of the inspection report. 3. The Concessionaire will have an ongoing cleaning program for both the public and non-public areas within the premises. The program will include cleaning of carpets, floors, equipment, trade fixtures, furniture, Entertainment Devices, vents, and service areas. D. Standard of Conduct for Employees: The Concessionaire will maintain a standard of conduct for its employees that include the following: 1. Employees must be well groomed and maintain a pleasant attitude toward the public. 2. Employees may not display their grievances in public, use improper language or conduct, or drink any alcoholic beverage while on duty or in uniform. Restaurant Concession Agreement City Page 9 of 28 Concessionaire Concessionaire DRAFT E. Janitorial and Cleaning Services: The Concessionaire will provide, at its own expense, the day-to-day janitorial and cleaning services and supplies necessary to maintain the premises except for those services provided by the City under Article XI of this Agreement. The Concessionaire will maintain the premises in a clean, neat, and sanitary condition. F. Trash Garbage and Refuse: The Concessionaire will provide for the adequate sanitary handling and removal of all trash, garbage, and other refuse caused as a result of the Concessionaire's operations. The Concessionaire will coordinate a schedule and procedure of trash removal with the City. The Concessionaire will provide and use suitably covered or sealed receptacles for all garbage, trash, and other refuse from its operations inside the Terminal. G. Security: The Concessionaire will adhere to all applicable responsibilities of the federal airport security program set out in Federal Aviation Regulations Part 107 and the Airport Master Security Program. The Concessionaire will procure any required identification badges necessary to access. the premises or the Concessionaire's operations authorized under this Agreement. Any fine that results from a violation of the federal airport security program by the Concessionaire, its agents, officers, suppliers, sub lessees, vendors, guests, customers, or employees, whether on or off the premises, that is found by the Federal Aviation Administration or the City to be the fault of the Concessionaire will be the sole responsibility of the Concessionaire. If the City pays any such fine to meet the Federal Aviation Administration deadlines, the Concessionaire will reimburse the City within 30 days after written notice by the City. The Concessionaire will coordinate any Airport security matter with the City. H. Smoking: Neither the Concessionaire, employees, or customers may smoke in the Terminal except in designated smoking areas. Complaints Questions or Concerns: The City will forward to the Concessionaire for response any complaints, questions, or concerns regarding the Concessionaire's operations. The City reserves the right to address and resolve any problems arising out of the Concessionaire's operations. J. Signs: The Concessionaire may, after consent by the Airport Manager, install signs at its premises identifying its business. The Concessionaire will request the City's advance written approval through the City's building permit process (Article X, Section B of this Agreement) before installation of any signage. The City will approve or disapprove the names selected for the restaurant. Restaurant Concession Agreement City Page 10 of 28 Concessionaire Concessionaire DRAFT ARTICLE X: MAINTENANCE AND CONSTRUCTION ON THE PREMISES A. Maintenance 1. The Concessionaire will, at its sole expense: a. Maintain the premises, furniture, trade fixtures, equipment, and Entertainment Devices in good repair and appearance and in a safe condition at all times. b. Do or cause to be done without delay all those things which in the determination of the City are necessary or desirable in the interest of safety or to maintain the premises, furniture, trade fixtures, equipment, and Entertainment Devises in good repair and appearance. c. Make necessary repairs, structural or otherwise, including doors, entrances, signs, floor coverings, interior walls, ceiling, counters, and cupboards. d. Repair and paint the walls as their condition may require so that the premises are maintained in a first-class condition. e. Pay for damage to the facilities of any other Airport tenant or the City caused by the Concessionaire's lack of adequate maintenance of any equipment, fixture, or system installed by the Concessionaire. 2. The City may require the Concessionaire to perform necessary repairs to the premises, furniture, trade fixtures, equipment, and vending machines, and entertainment devises at the Concessionaire's own expense. 3. If, after 30 days following notice, or in shorter periods if an emergency exists, the Concessionaire fails or refuses to perform any action required by this Agreement, the City has the right, but not the obligation, to perform any or all actions required by this Agreement at the sole expense of the Concessionaire. The City will not take action if the Concessionaire begins and continues expeditious action to perform. any action required by this Agreement that cannot be reasonably completed within 30 days. If the City performs any action required of the Concessionaire, the Concessionaire will reimburse the City within 30 days from the date of billing. Restaurant Concession Agreement City Page 11 of 28 Concessionaire Concessionaire DRAFT B. Terminal Building Permit Process: The Concessionaire may not make repairs or alter the premises without first obtaining the City's prior written consent through the building permit process. The Concessionaire will complete a Terminal Building Permit Application form obtained from the City. Repairing and altering the premises include the following: a. Installation, maintenance, repair, or removal of trade fixtures, equipment, entertainment devices, locks, antennae, counters, shelving, signs, posters, telephone lines, data circuits, floor coverings, wall coverings, painting, electrical, plumbing, and refrigeration work; and b. Any other repair or alteration that the City deems necessary to be approved through the building permit process. 2. The City may withhold its approval if the Concessionaire is in violation of any requirement under this Agreement. 3. The Concessionaire will make all repairs and alterations to the premises at its own expense. The City has the right to approve the final repair or alteration. C. General Construction Requirements 1. Any alteration, repair, construction, or improvement performed by the Concessionaire will be neat, presentable, and compatible with the architecture of the Terminal, as determined by the City, and performed at no cost to the City. 2. The Concessionaire will deliver detailed as built drawings to the City within 30 days after completion of any permanent improvement. The as built drawings must show the location and dimensions of any permanent improvement made by the Concessionaire. ARTICLE XI: CITY SERVICES A. City Services 1. The City will perform the following services: a. Maintain the structure of the Terminal, the roof, and exterior walls. Restaurant Concession Agreement City Page 12 of 28 Concessionaire Concessionaire DRAFT b. Agrees to pay all commercially reasonable public utility bills for electricity, gas, water, and all other utilities used or consumed, on the Premises. c. Wash the outside of all exterior Terminal windows as well as clean and maintain the public areas in the Terminal. d. Maintain the Terminal's existing and future utility systems in good condition and repair. Utility systems include systems to supply heat, electricity, water, sewage disposal, fire alarm, fire protection, sprinkler, air conditioning, and telecommunications services. The City has the right to maintain lines, pipes, mains, wire, conduits, and equipment connected with or appurtenant to any system. However, the City may refuse to maintain any system installed by the Concessionaire and may charge the Concessionaire for any repair necessary due to negligence by the Concessionaire during any such installation or as the result of any such installation. 2. The City will invoice the Concessionaire and the Concessionaire will pay for any extraordinary lighting, power, utility bills, or cleaning services used by the Concessionaire that, in the determination of the City, are beyond the scope of normal services provided by the City. B. Hold Harmless: The Concessionaire will waive any claim and hold the City harmless for damages from any failure or interruption of utility or other service furnished by the City, including failure or interruption of electrical energy, space heating or cooling, or any public or passenger convenience. In addition, the City may make any repair or alteration necessary for the proper functioning of the Terminal without liability to the Concessionaire for any damages. ARTICLE XII: CITY'S RIGHTS OF INSPECTION AND ACCESS A. Inspection: The City, by its officers, employees, agents, representatives, and contractors, may at any reasonable time enter the premises to inspect or observe the Concessionaire's performance of its obligations under this Agreement, or to take any action that the City is obligated to take under this Agreement or otherwise. The Concessionaire will neither claim nor the City allows an abatement of fees if the City exercises this right. Except in an emergency, the City will coordinate all inspections with the Concessionaire to minimize interference with the Concessionaire's activity on the premises. Restaurant Concession Agreement City Page 13 of 28 Concessionaire Concessionaire - B. Access: DRAFT 1. The Concessionaire will assure the City of emergency access to the premises by providing emergency telephone numbers by which the Concessionaire or the Concessionaire's Manager may be reached on a 24-hour basis. 2. Without limiting the generality of the foregoing, the City, by its officers, employees, agents, representatives, and contractors, has the right to maintain the existing and future utility systems or portions of them on the premises as listed in Article XIII of this Agreement. The City has the right to enter the premises at any reasonable time to make repairs, alterations, or replacements that are, in the determination of the City, necessary or advisable, and, from time to time, to construct or install over, in, or through the premises new lines, pipes, mains, wires, conduits, and equipment. Any repair, alteration, replacement, or construction will not unreasonably interfere with the use of the premises by the Concessionaire, and nothing in this Article may be construed to relieve the Concessionaire of any obligation to maintain the premises and improvements. 3. At any time during ordinary business hours within the 12 months preceding expiration of this Agreement, the City has the right to enter the premises to measure, photograph, show, and view all parts of the premises. ARTICLE XIII: ADDITION OR REDUCTION IN SPACE If the Concessionaire requests additional terminal space and the City determines that suitable space is available and needed, the City may lease the additional space subject to the requirements of law concerning leasing of Airport Terminal space. ARTICLE XIV: CITY-DIRECTED RELOCATION The Concessionaire acknowledges that the City may require the relocation of the premises, in whole or in part, it the City determines that relocation is necessary to meet the needs of the traveling public or the City. If the City requires relocation of the premises, the following applies: A. City's Responsibilities: The City, at its sole expense, will provide the new space with interior permanent improvements including floors, ceiling, carpeting, lighting, electricity, wall finishes, heating and cooling, ventilation, and permanent fixtures similar to those in the premises. Restaurant Concession Agreement City Page 14 of 28 Concessionaire Concessionaire DRAFT B. Concessionaire's Responsibilities 1. The Concessionaire, at its sole expense, will relocate all nonpermanent fixtures, furnishings, and equipment from the premises; provide any additional fixtures, furnishings, and equipment that the Concessionaire finds necessary or desirable to fully use the new lease space; and vacate and surrender the former lease space to the City when the new space is completed. Concessionaire will continue to be liable for rental fees and payments as provided in Article V. 2. The City and the Concessionaire will perform their respective obligations in an expeditious manner, excluding any delay that is beyond the control of either party. The new lease space will have a floor area similar in size to the area being vacated by the Concessionaire. The City will make every reasonable effort to ensure that the new lease space will provide access and exposure to passenger traffic similar to that of the former lease space. However, the City will not be responsible for any financial losses that the Concessionaire may incur due to relocation under this Article unless the losses are the result of a breach by the City of its obligations under this Article. ARTICLE XV: LAWS AND TAXES This Agreement is subject to all City of Kenai laws and regulations, including those relating to leasing facilities and granting privileges at city airports. A. Laws 1. At no expense to the City, the Concessionaire will comply with all federal, City, and local laws, ordinances, regulations, and Airport rules that are either now or in the future in force that may apply to the business authorized under this Agreement, or to the use, care, operation, maintenance, and protection of the Airport, including matters of health, safety, sanitation, and pollution. The City is neither liable to the Concessionaire for any diminution or deprivation of the Concessionaire's rights due to the exercise of any authority, nor is the Concessionaire entitled to terminate the whole or any portion of this Agreement by reason of the City's exercise of any authority. 2. The Concessionaire will comply with all City and federal regulations governing hazardous substances, including hazardous wastes, and will comply with all instructions of the City with regard to environmental concerns and requirements, regardless of whether based on specific law, regulation, or order of any governmental authority. In addition, the Concessionaire Restaurant Concession Agreement City Page 15 of 28 Concessionaire Concessionaire DRAFT assumes responsibility for any spill of oil, oil-based substance, or hazardous substance attributable to its operation under this Agreement. With respect to any such occurrence, the Concessionaire will indemnify, defend, save, and hold the City and its employees harmless from any loss, claim, suit, or judgment. 3. The Concessionaire will properly handle its spills of hazardous substances. The Concessionaire will immediately notify the City of any spill that occurs on the Airport, as well as the action taken, while performing under this Agreement. The Concessionaire will forward copies of any written spill reports and reports regarding action taken to the City as soon as they are available. B. Taxes: The Concessionaire will obtain all necessary licenses and permits, pay all taxes and special assessments lawfully imposed on its business, and pay any other fee or charge assessed under any applicable public statute, regulation, or ordinance. C. Disputes: In any dispute between the parties, the laws of the State of Alaska will govern and any lawsuit must be brought before the courts of the State of Alaska. D. Claims: Concessionaire will notify the City of any claim, demand, or lawsuit arising out of the rights granted to the Concessionaire under this Agreement. At the City's request, the Concessionaire will cooperate and assist in the investigation and litigation of any claim, demand, or lawsuit that affects the rights granted the Concessionaire under this Agreement. ARTICLE XVI: DEFENSE OR ENFORCEMENT OF AGREEMENT The Concessionaire will pay all reasonable actual expenses, costs, and attorney fees the City may incur, with or without formal action, to enforce, defend, or protect this Agreement or the City's rights under this Agreement, including any expense incurred with respect to environmental compliance, bankruptcy or any proceeding that involves the Concessionaire, the Agreement, the premises, improvements, or property on the premises. The Concessionaire will make payment within 30 days of the date of each notice from the City of any amounts payable under this Article. Any amount not timely paid under this Article will constitute a default of the Agreement and will accrue interest from the date of the notice as provided in Article V of this Agreement. Restaurant Concession Agreement City Page 16 of 28 Concessionaire Concessionaire DRAFT ARTICLE XVII: INDEMNIFICATION AND INSURANCE A. Indemnification 1. The Concessionaire will indemnify, defend, and hold the City, its agents, officers, and employees harmless from any liability, action, claim, suit, or loss for property damage or personal injury of whatever kind resulting from or arising out of any act or omission by the Concessionaire or the Concessionaire's agents, employees, or clients or arising from or connected with the Concessionaire's rights and privileges granted under this Agreement. 2. In any litigation brought by a third party against the City or the Concessionaire that specifically challenges the rights granted in Article III, the Concessionaire would assume the responsibility to defend the City and the Concessionaire unless the Gity elects to defend itself.. The City will assist in the defense of the rights granted. The City is not required to indemnify the Concessionaire for any attorney fees the Concessionaire incurs to defend the City. B. Insurance 1. The Concessionaire will, throughout the term of this Agreement and at its own expense, secure and keep in force adequate insurance, as stated below, to protect the City and the Concessionaire. Where specific limits are stated they are the minimum acceptable limits. If the Concessionaire's insurance policy contains higher limits, the City is entitled to coverage to the extent of the higher limits. a. Comprehensive general liability insurance with coverage limits not less than ONE MILLION DOLLARS ($1,000,000) combined single limit per occurrence where generally applicable, including in-Terminal operations, independent contractors, products, and completed operations, broad-form property damage, blanket contractual, and personal injury endorsements. b. Worker's Compensation insurance with coverage for all employees engaged in work under this Agreement as required by AS 23.30.045. The Concessionaire is responsible for Worker's Compensation insurance for any subcontractor who directly or indirectly provides services under this Agreement. Restaurant Concession Agreement City Page 17 of 28 Concessionaire Concessionaire DRAFT c. Comprehensive automobile liability insurance covering all owned, hired, and non-owned vehicles with coverage limits not less than $250,000 combined single limit per occurrence. 2. All insurance required by this Article must meet the following requirements: a. For comprehensive general liability insurance, name the City additionally insured. b. For worker's compensation insurance, general liability, and automobile liability insurance include a waiver of subrogation so that the insurer waives all rights of subrogation against the City for payments made under the policy. c. Provide the City notification at least 20 days before any termination, cancellation, or material change in insurance coverage. d. All policies will be by a company/corporation currently rate "A--" or better by A.M. Best. C. Evidence of Insurance Coverage 1. The Concessionaire will submit to the City proof of continuous insurance coverage in the form of insurance policies, certificates, endorsements, or a combination thereof, and signed by a person authorized by the insurer to bind coverage on its behalf. 2. Evidence of insurance coverage must be submitted to the City by January 12, 2007. The effective date of the insurance will be no later than January 12, 2007. D. Obligation: The indemnification and insurance-coverage requirements stated in Sections A and B above do not relieve the Concessionaire of any other obligation under this Agreement. E. Increase or Revision: The City may increase the amount or revise the type of required insurance on written demand without requiring amendment to this Agreement. The City will base any increase or revision on reasonable and justifiable grounds. Within two weeks of the written demand, the Concessionaire will submit to the City evidence of insurance coverage that meets the requirements of the City. Restaurant Concession Agreement City Page 18 of 28 Concessionaire Concessionaire DRAFT ARTICLE XVIII: CANCELLATION BY CITY A. Breach of Agreement 1. The City may cancel this Agreement and recover possession of the premises by giving the Concessionaire 30 days' advance written notice from the postmark date of the written notice if any of the following events occur and the breach is not cured within the above-specified 30 days: a. The Concessionaire fails to pay when due any rent, fee, penalty, or other charge specified under this Agreement. b. A check for any payment to the City is returned for insufficient funds. c. The Concessionaire uses the premises for purposes not authorized under this Agreement. d. A petition in bankruptcy is filed by or against the Concessionaire. e. A court enters a judgment of insolvency against the Concessionaire. f. A trustee or receiver is appointed for the Concessionaire's assets in a proceeding brought by or against the Concessionaire. g. Alien is filed against the premises because of any act or omission of the Concessionaire and the lien is not removed, enjoined, or a bond of satisfaction of the lien is not posted within 60 days. h. The Concessionaire fails to operate the business authorized under this Agreement for a period of more than seven consecutive calendar days without the City's prior written approval. i. The cessation or deterioration of any service for any period which, in the determination of the City, materially and adversely affects the service the Concessionaire is required to perform under this Agreement. The Concessionaire fails to perform any provision or covenant under this Agreement. 2. In the case of a breach, which is not reasonably curable within 30 days, a cancellation notice under this Article may be stayed by the City if the Concessionaire begins and continues expeditious action to cure the breach Restaurant Concession Agreement City Page 19 of 28 Concessionaire Concessionaire DRAFT within the 30-day notice period. The determination of "expeditious action" and "not reasonably curable" is at the City's sole discretion. B. City's Right of Reentry: As an additional remedy, on giving written notice of cancellation or termination, the City may reenter any part of the premises on the effective date of cancellation or termination without further notice of any kind, remove any persons or property, and regain, and resume possession with or without the institution of summary or legal proceedings or otherwise. Any reentry, however, will not in any manner affect, alter, or diminish any obligation of the Concessionaire under this Agreement. C. Additional Rights of the City 1. On termination or cancellation of this Agreement or on reentry, the City may regain or resume possession of the premises, may occupy the premises, and may permit any person, firm, or corporation to enter on and use the premises. Others may occupy any part of the premises or the entire premises or a part of the premises together with other space for the time remaining under this Agreement, and on terms and conditions the same as or different than those set forth under this Agreement. 2. The City also has the right to repair or to make any structural or other change in the premises that is necessary, in the City's sole judgment, to maintain the suitability of the premises for the uses and purposes similar to those granted under this Agreement without affecting, altering, or diminishing the obligations of the Concessionaire under this Agreement. The City will charge, and the Concessionaire will pay to the City within 30 days of billing, the cost of these repairs. D. Survival of Concessionaire's Obligations: 1. If the City cancels or terminates this Agreement, all of the Concessionaire's obligations under this Agreement will survive in full force for the entire term of this Agreement. Subject to the City's obligation to mitigate damages, the fees and charges become due and payable to the City to the same extent, at the same time, and in the same manner as if no termination or cancellation had occurred. The City may maintain separate actions to recover any monies then due, or at its option and at any time, may sue to recover the full deficiency. 2. The amount of damages for the time subsequent to termination or cancellation will be the sum of the following: Restaurant Concession Agreement City Page 20 of 28 Concessionaire Concessionaire DRAFT a. Title to all improvements as provided in Article IX, Section C of this Agreement. b. The total monthly rental obligation that would have been paid by the Concessionaire during the balance of the Term of this Agreement if no termination or cancellation had occurred. However, the amount will be offset by any fees or charges received by the City from a succeeding concessionaire. E. Waiver of Redemption and Damages 1. The Concessionaire waives any right of redemption granted by or under any present or future law or statute if the Concessionaire is dispossessed for any cause, or if the City obtains or retains possession of the premises in any lawful manner. F 2. The Concessionaire acknowledges that if it is necessary for the City to gain possession of the premises, the total amount of damages to which the Concessionaire is entitled is the sum of ONE DOLLAR ($1.00). The Concessionaire also acknowledges that this provision may be filed in any action as its stipulation fixing the amount of damages to which it is entitled. Surrender of Possession 1. The Concessionaire will yield possession of the premises to the City on the date of the termination, cancellation, or normal expiration of this Agreement promptly, peaceably, quietly, and in as good order and condition as the same now or later improved by the Concessionaire or the City, reasonable use and wear-and-tear accepted. 2. The Concessionaire will be allowed a maximum of three calendar days after the effective date of the expiration of this Agreement to remove all of its personal property, equipment, furniture, trade fixtures, and Entertainment Devices from the premises and from the Terminal subject to the provisions of Article VIII, Section C of this Agreement. The Concessionaire and the City agree, as part of the consideration for this Agreement, that all property remaining on the premises after these three calendar days will become the sole property of the City, with full title vested in the City, and the City may remove, modify, sell, or destroy the property as it sees fit. The Concessionaire will reimburse the City for any cost the City incurs in removing and disposing of the property. Restaurant Concession Agreement City _ Page 21 of 28 Concessionaire Concessionaire DRAFT ARTICLE XIX: CANCELLATION BY CONCESSIONAIRE The Concessionaire may cancel this Agreement by giving the City advance written notice of ten (10) days if any of the following events occur: A. The permanent abandonment of the Airport by all passenger airlines or the removal of all passenger airline service from the Airport for a period of at least 90 consecutive days. B. The lawful assumption by the United States government, or its authorized agent, of the operation, control, or use of the Airport, or any substantial part of the Airport, that restricts the Concessionaire from operating its business under this Agreement for a period of at least 90 consecutive days. C. A court of competent jurisdiction issues an injunction that prevents or restrains the use of the Airport by all airlines, provided the injunction remains in force for at least 90 consecutive days. ARTICLE XX: CANCELLATION BY CONCESSIONAIRE Subsequent Agreement Award: The Concessionaire acknowledges that on the expiration, cancellation, or termination of this Agreement, the City may award any subsequent concession agreement by any legal means then available to the City. ARTICLE XXI: ASSIGNMENT OR SUBLETTING A, City's Consent: The Concessionaire will not assign this Agreement or any interest, and will not sublet the premises or any part thereof, or any right or privilege appurtenant thereto, or suffer any other person, agents and employees of the Concessionaire excepted, to occupy or use the premises or any portion thereof without first obtaining the written consent from the City. A consent by the City to one assignment, subletting, occupancy, or use by another party will not be deemed to be a consent to any subsequent assignment, subletting, occupancy, or use by another person or entity. Any such assignment, subletting, occupancy, or use by another person or entity without such consent by the City will be void and will, at the option of the City, terminate this Agreement. This Agreement will not, nor will any interest, be assignable as to the interest of the Concessionaire by operation of law without the written consent of the City. The City agrees that it will not unreasonably withhold its consent required hereunder. B. Approval Process: The Concessionaire will submit to the City copies of any proposed assignment, encumbrance, or sublease bearing the original notarized Restaurant Concession Agreement City _ Page 22 of 28 Concessionaire Concessionaire DRAFT signatures of all parties. All covenants and provisions in this Agreement extend to and bind the legal representatives, successors, and assigns of the parties. C. Merger Consolidation or Reorganization: 1. The City will not unreasonably withhold its consent to an assignment of this Agreement by the Concessionaire to a corporation that results from a merger, consolidation, or reorganization of the Concessionaire to a corporation that purchases all or substantially all of the assets of the Concessionaire or to any corporation that controls or is controlled by or is under common control with the Concessionaire. 2. For purposes of this Section, "control" of any corporation is deemed vested in the person or persons owning more than 50 percent of the voting power for electing the board of directors of the corporation. ARTICLE XXII: GENERAL COVENANTS A. Execution by City: This Agreement is not effective until signed by the City Manager. B. Approval by City: The City may not unreasonably withhold any approval required under this Agreement. C. Notices: Any notice required under this Agreement must be hand delivered, sent by certified mail or by electronic transmission in such a way as to confirm receipt to the appropriate party, or delivered by a reliable overnight delivery service to the appropriate party at the address set forth on page one of this Agreement or to any other address that the parties subsequently designate in writing. All notice periods begin. on the date the notice is mailed. D. Modification: The Concessionaire acknowledges that the City may make any modification to this Agreement necessary to meet the revised requirements of federal or City grants, to operate the Airport, or to conform to the requirements of any revenue bond covenant to which the City of Kenai is a party and may do so without formal amendment. However, a modification may neither reduce the rights or privileges granted the Concessionaire under this Agreement nor cause the Concessionaire financial loss. E. Interrelationship of Provisions: All provisions of this Agreement and the associated proposal documents are essential parts of this Agreement and are intended to be cooperative, to provide for the use of the Airport, and to describe the respective rights and obligations of the parties to this Agreement. In the event Restaurant Concession Agreement City _ Page 23 of 28 Concessionaire Concessionaire DRAFT of any irreconcilable conflict between the Agreement and the incorporated proposal of the Concessionaire, the provisions of Agreement will prevail. Each party will fully perform all provisions of this Agreement and the associated proposal documents. F. Validity of Parts: If any part of this Agreement is declared invalid by a court of competent jurisdiction, the remaining parts continue in full force. G. Radio Interference: At the City's request, the Concessionaire will discontinue the use of any machine or device that interferes with any government-operated transmitter, receiver, or navigation aid until the cause of the interference is eliminated. H. Discrimination: The Concessionaire may not discriminate on the grounds of race, color, religion, national origin, ancestry, age, or sex against any patron, employee, applicant for employment, or other person or group of persons in any manner prohibited by federal or City law. The Concessionaire recognizes the right of the City to take any action necessary to enforce this covenant, including actions required by any federal or City law. I. Nondiscrimination: The Concessionaire will undertake a nondiscrimination program required by 14 CFR, Part 152, Subpart E, to insure that no person will be excluded from participating in any employment activity covered by 14 CFR, Part 152, Subpart E, on the grounds of race, creed, color, national origin, or sex. The Concessionaire may not exclude any person on these grounds from participating in or receiving the services or benefits of any program or activity covered by the Subpart. The Concessionaire further understands that it will require its covered sub organizations to provide assurances to the City that they will also undertake nondiscrimination programs and require assurances from their sub organizations, as required by 14 CFR, Part 152, Subpart E. J. National Emergency: If the federal government declares a national emergency, the Concessionaire may not hold the City liable for its inability to perform any part of this Agreement resulting from the national emergency. K. Vacation: At the expiration, cancellation, or termination of this Agreement, the Concessionaire must promptly, peaceably, and quietly vacate the premises, remove all personal property, and return possession to the City. The premises must be left in a clean, neat, and presentable condition, except for reasonable wear and tear, to the satisfaction of the City. L. No Waiver: The City's failure to insist in any one or more instances on the strict performance by the Concessionaire of any provision in this Agreement is not a Restaurant Concession Agreement City Page 24 of 28 Concessionaire Concessionaire DRAFT waiver nor relinquishment for the future, but the provision will continue in full force. A City waiver of any provision in this Agreement cannot be enforced nor relied on unless the waiver is in writing and signed on behalf of the City. M. Disasters: If, in the determination of the City, a fire, flood, earthquake, or other disaster damages the Airport so extensively as to render it untenantable, either party may elect to terminate this Agreement on 30 days' written notice to the other party. If this Agreement is terminated because of a disaster, the City will prorate the fees payable under this Agreement up to the time the Airport becomes untenantable. N. Condemnation: If the Airport is condemned by any proper authority, this Agreement ends on the date the Concessionaire is required to leave the Airport. The City is entitled to all condemnation proceeds. However, the City will pay the Concessionaire the portion of proceeds attributable to the fair market value of any improvements placed on the Airport by the Concessionaire, according to the provisions of the then-current Alaska Administrative Code. O. Liens: The Concessionaire will keep the premises free of all liens, pay all costs for labor and materials arising out of any construction or improvements by the Concessionaire on the premises, and hold the City harmless from liability for any liens, including costs and attorney fees. By this provision, the City does not recognize that it is in any way liable for any liens on the premises. P. Quiet Enjoyment: The City covenants that it has full, unencumbered title to the Airport; that it has the right and lawful authority to execute this Agreement; and that the Concessionaire will have, hold, and enjoy peaceful and uninterrupted use of the premises. O. Captions: The captions of the Articles and Sections of this Agreement are for convenience only and do not necessarily define, limit, describe, or construe the contents of any Article or Section. The use of the singular or plural form of words is intended to include the singular and plural, as appropriate. R. Proposal Documents: The Request for Proposals, the Notice Inviting Proposals, the General Instructions to Proposers, the Proposal Submittal Form, including the Specific Proposal Requirements, the Concessionaire's proposal, any addenda, and the required proposal deposit are parts of this Agreement, and each party will fully perform its obligations under all provisions of these documents. S. Entire Agreement: This Agreement, including any amendments and all items listed under Section R of this Article, constitutes the entire agreement between the parties. No modification or amendment of this Agreement is effective unless in writing and signed by both parties, except as Stated in section D. above. Restaurant Concession Agreement City Page 25 of 28 Concessionaire Concessionaire DRAFT T. Force Majeure: Except for the payment of fees, neither the City nor the Concessionaire is in violation of this Agreement if it is prevented from performance by reason of strike, boycott, labor dispute, embargo, shortage of energy or materials, act of God, act of public enemy, act of superior governmental authority, weather condition, riot, rebellion, sabotage, or any other circumstance for which it is not responsible and which is beyond its control. U. Time: Time is of the essence in the performance of all rights and obligations of the parties to this Agreement. V. Employee Parking: Restaurant employees may use non-exclusive employee vehicle parking facilities at no charge. All employees must register their vehicle(s) at the Airport Manager's office to receive avehicle-parking permit to park while on the job. Concessionaire shall be held accountable for Concessionaire's employees' use of designated vehicle parking facilities and shall assure that employees comply with all applicable Airport Directives. W. COSTS AND EXPENSES: Costs and expenses incident to this lease, including but not limited to, recording costs shall be paid by Concessionaire. Restaurant Concession Agreement City Page 26 of 28 Concessionaire Concessionaire DRAFT IN WITNESS WHEREOF, the parties have set their hands the day and year stated in the acknowledgment below. (If the Concessionaire is a partnership or joint venture, all general partners or members of the joint venture must sign; if the Concessionaire is a corporation, the signature of one authorized representative is sufficient unless the corporation requires two or more signatures.) LESSOR: CITY OF KENAI Rick R. Koch, City Manager CONCESSIONAIRE: KENAI CAFE Sherry C. McBride -Owner/Manager M. McBride -Owner/Manager STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this _ day of January, 2007, Sherry C. McBride, Owner/Manager (CONCESSIONAIRE), being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said Corporation. Notary Public for Alaska My Commission Expires: Restaurant Concession Agreement City Page 27 of 28 Concessionaire Concessionaire STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) DRAFT THIS IS TO CERTIFY that on this _ day of January, 2007, Teea M. McBride, Owner/Manager (CONCESSIONAIRE), being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said Corporation. STATE OF ALASKA ) )ss THIRD JUDICAL DISTRICT ) Notary Public for Alaska My Commission Expires: THIS IS TO CERTIFY that on this day of January, 2007, personally appeared before me, RICK R. KOCH, known to me and to me known to be the City Manager of the City of Kenai, Alaska, and who acknowledged before me that the foregoing instrument was freely and voluntarily executed on behalf of the City of Kenai, for the uses and purposes set forth and with full authority of the City of Kenai to do so. Notary Public in and for Alaska My Commission expires: Approved by Kenai City Council on Approved as to lease form by City Attorney Approved by Finance Director Approved by City Manager Return to: Cary R. Graves -City Attorney City of Kenai 210 Fidalgo Avenue, Suite 200 Kenai, AK 99611-7794 Restaurant Concession Agreement City Page 28 of 28 Concessionaire Concessionaire 0 N J ® ~ .® ts1 L ~ ea O ~ ~ C9 ®. O f° ~ a. > ?- W ~ d w ~ Q ~ c( > ~ W cn N .c 4+ e ~ ~ ~ O ms o ~ o Q W a d e ? = ~ ~ L7 H ~ W V ~ WV ~ . 4 H m W W q Z d N W U Z O U are ds- ~ d3 y} lA Vi tf? N d v W > d CO ~ N ~ e~ w G ~ C 'C W ® ~ O d .a N ~ ~ d W o w~- ` O ~ Q ~ aNi ~ to ~° Q ~ ~yJ O V m .~ G tC '~ 61 i 0 Y a E 0 N d .~ RU w U 0 V C d i y O i d 7 O d t c6 aL.~ m U .T Q F ~, S X w ~` . y 'w v c~ ~~ ® ~ 0 V! O . ; a m w C O t U w 0 ai r F- L a.e `ie d N_ .`'' O d i N F .,~ L ~ ~, i~ R ~ e C UJ U 8 11~IHX3 ~~ I I I I f I I I f - a I I I I I I~ I I + f 1 I to I I i is 1 I 1 L- 1 I i. ~ P ~~dds 1N~Indls~a ~ ~ f ___ ' I R __ ~ ~ ~ D . ~8 I ~p 0 ~ ~ ~ ~I ______ ~ I -= I ~9 _ ~ ~I ~ ~ i i 5 J ~ iI ~ I ~ /I I ~ II ----- ~ _____= I I ~ ~ / ~ ' ''' ~ d '" i ~ ~~ / ~~ u i n 9 I f I ~ I X I ~ I ~ VA II I II I I~ ~ o II ~ I 1 \ ~ I \ ' ~ I I ~ Y I gg o i ~ t ~ pfl T~~ < ~ I I I ~/ / ~/ f- - ® o o L _ G ~ I r i I --- ~I 0 ~ R 1 9 1 1 } 1 1 ~~ ~ r i~ rs ~~~ i~ i~ e II~~ i~ {IOW ~ io ~~ i4 m II o .. i, i qA y9 )/ j/ ( P 6 ~ -~ ®~ ~ - -d / ~ n y r~ a a U KENAI MUNICfPAL RESTAURANT EQUIPMENT LIST 1. Shelving, 5 tier: 10 each 24" x 60" 5 each 24" x 48" 5 each 24" x 42" 10 each 24" x 36" 10 each 18" x 42" 5 each Posts, 86" 24 each "S" Clips 60 each 2. Dish Counter with Hand Sink 1 each 3. Paper Towel Holder, Stainless Steet 1 each 4. Trash Bin with Cover 1 each 5. Soiled Dish Table 1 each 6. Dishwasher 1 each 7. Clean Dish Table 1 each 8. Hot Water Booster 1 each 9. Pot Sink, 3 Compartment, 91" long 1 each 10. WaII mounted shelf, 2 tier 1 each 11. Cart 1 each 12. Hood with Ansul Fire Suppression System 1 each 13. Range, Gas 1 each 14. Fryers with Space, Gas (new 2004) 2 each 15. Corner Stand 1 each 16. Mixer, 20 Quart 1 each 17. Food Cart, Freezer 1 each 18. Work Station with Preparation Sink 1 each 19. Salad(Sandwich Station, Refrigerated 1 each 20. Double Over Shelf 1 each 21. Shelving, 5 Tier: 24" x 42" 5 each 21" x 48" 5 each Posts, 86" 6 each "S"Glips 10 each 22. Freezer/Cooler Walk-In 1 each 23. Can Opener 1 each 24. Slicer 1 each 25. Heat Lamp 1 each 26. Back Counter, Wood Fabrication 1 each 27. Shake Maker (Mixer) 1 each 28. Ice Gream Cabinet & Fountain Unit 1 each 29. Display Case, wall mounted, refrigerated 1 each 30. Glass Filler/Sink 1 each Equip ment List Page 1 of 2 EXHIBIT C Equipment List -Continued 31. Coffee and Hot Water Maker 1 each 32. Service Counter, Wood Fabrication 1 each 33. Toaster, Pop Down 1 each 34. Carbonated Drink System, Four Drink 1 each 35. Garbage Disposal 1 each 36. Worktable, Mobile 1 each 37. Ticket Holder 1 each 38. Hot Food Unit 1 each 39. Dip Well 1 each Equipment List Page 2 of 2 EXHIBIT C INDEX Deposit Check ($1,000.00) City Provided -Proposal Submittal Form K-Beach Diner -Proposal Attachments: 1. Resumes of Key Personnel a. Sherry McBride b. Teea McBride c. Malcolm McBride d. Chris McBride 2. DEC Safe Food Handling Cazds 3. Menu 4. Copy of current insurance policy (coverage changes and naming City of Kenai as additional insured is a phone call away hazd copy available after signing) 5. Local References 6. Copy of 2006 DEC Alaska Food Code Permit (New one will have to be applied for the opening after signing) City Provided -Restaurant Concession Proposer's Questionnaire City Provided -Restaurant Concession Annual Rental Rate Proposal Attachments: 1. Copy of current State Business License (2007/08). 2. Kenai Peninsula Borough -Tax Compliance Form 3. Copy of Current Workers Compensation Insurance Exhibit D CITY OF KENAI KENAI MUNICIPAL AIRPORT PROPOSAL SUBMITTAL FORM Affirmation and Signature The undersigned confirms that they are authorized to submit this proposal. The undersigned has read this proposal and affirms that the undersigned is authorized to sign this proposal and confirms the truth and accuracy of all Statements, answers, and representations made in this proposal. (If the proposer is a partnership or joint venture, all general partners or members of the joint venture must sign; if the proposer is a corporation, the signature of one authorized representative is sufficient unless the corporation requires two or more signatures.) (Corporate Seal if ~ ~' j~f~~ ~°~ ~~ A Corporation) Name of proposer as it should appear in the Concession Agre/ement Signature Si nature J~~°~~It=~ ~MC~tnc~cretr C~ ~.~~,e_.~/I`Y)c~n~~ Title Title Signature Title Proposal Submittal Form Page ~ of 1 November 16, 2006 KENAI AIRPORT RESTAURANT PROPOSAL EXPERIENCE and QUALIFICATIONS: a. Sherry McBride was assistant Manager of K-Beach Road Diner for Don and Eve Thompson from 2000 through 2003 when the business was sold. The new owners could not maintain the customer base and leased out the business. From 2005 to present Sherry has managed all phases of K-Beach Diner. Additionally Sherry has had food handling experience at the Katmai Restaurant, Sheffield House Restaurant and a family owned sandwich shop in California. b. In 2005 Sherry took over a business that had been run down for two years. After extensive cleaning K-Beach Diner was reopened with a new menu and food philosophy: fresh food, home made scratch cooking, hamburgers are hand made with fresh ground beef we never use processed beef, also we hand bread our own chicken breasts/strips, halibut and cube steak and fresh soups made daily. All workers were sent to the DEC course on safe food handling. We decided early on that there are enough Alaska theme restaurants with mounted fish and animals (disturbing to many customers), so we created a theme such as Elvis, Marilyn Monroe, John Wayne, Lucille Ball, the Three Stooges, and Betty Boop to entertain and comfort the public. Family ran and family friendly, most customers are known by name and drink preference. Business has increased steadily over the past year and a ha-t with many repeat customers coming in from Sterling, Soldotna, Anchor Point and beyond. c. Operating on fisherman's row in the summer with south beach dip netting, a cannery next door, many commercial fishermen (drift and set net), Bed & Breakfasts, guides and tourists, our scheduling would have us open at 6 am and closing at 10 pm, in June and July, fall and spring our hours would be lam to 9 pm and winter hours 8 am to 8 pm with -1- Sat & Sun 8 am to 3 pm we are very adept at reading the consumer base and responding to those needs. ~~ MANAGEMENT and OPERATIONS: ~ , ~,,,D ~' ~ ~} " ~~,~ a. See attached resumes of key personnel. '~ ~ti ~' b. Hours of operation: October 15 -May 15 (7 am to 7 pm), May 16 -Oct ~G'~ 14 (ham to 9 pm) hour changes may be adjusted depending on market conditions. c. Management will be conducted by family only, personnel will be carefully screened and references checked for the ability to perform in the position they will be working in. We do not discriminate for age, race or sex but will not tolerate any drug or ,alcohol dependence. <A. d. No structural changes will be required, However new paint (egg shell or off white) and wall paper (neutral colors old style, we will consult with city for final selection), flooring 1' X1' vinyl the black and white through out (tiles are easy to replace if damaged) dining area food prep areas a solid dark colored the (black or dark red) allows for visible check on cleaning. Walls will be completed prior to opening floors, as soon as practical. Wall decor wi{I be moved from K-Beach Diner and include theme walls such as Elvis, Marilyn Monroe, James Dean, Rat Pack, Lucille Ball, the Three Stooges, Wizard of Oz and etc., also vintage memorabilia old toys, model cars and etc.. e. Maintenance will be conducted by Malcolm McBride; he has been in charge of cleaning, general maintenance and repairs at K-Beach Diner for the last year and a half. Prior to that he worked for nine and a half years for the Kenai Peninsula Borough Maintenance Department. Any refrigeration or electrical work will be conducted by pre approved contractors -2- CUSTOMER SERVICE PLAN a. All customers are greeted as friends and treated as respected guests. Management will retain the right to refuse service, as some clients can not be satisfied, we do pride our selves on being able to turn most difficult customers into repeat business. Unfortunately, some individuals are determined to be unhappy with any services provided (less than 1 %) no matter how you may try to accommodate them. b. Once we determine customer needs and timing we may, in early morning and late evening hours only, staff a snack bar (leaving dining room closed) serving drinks and packaged desert or sandwich type items. c. The dining room will have open seating; the counter area will be used for walk up service for carry out foods. Orders will be filled on a first come first served manor for all. Time is of the essence for most customers, whether it's meeting a flight or taking one or a worker's lunch break. d. Facility occupants will find: fair and timely service, fair pricing and the convenience of calling in orders ahead of time. The restaurant will be kept clean and the food prep areas would require a DEC inspector to take a Bong hard look to find any thing to write in their report. We do have a regular clientele that will follow us not only for the above but also for the ability to have breakfast any time and daily specials that offer great tasting food, variety and value. e. We accept both Visa and Master Card and if necessary we could add American Express and/or Discover Card (we prefer not to as they have higher % rates and would force us to reevaluate prices). PROPOSED ANNUAL RENTAL RATE a. see attached: City of Kenai -Kenai Municipal Airport -Restaurant Concession -Annual Rental Rate Proposal -3- b. see attached: City of Kenai -Kenai Municipal Airport -Restaurant Concession -Annual Rental Rate Proposal -4- Sherry C. t~7cl3ride 1111 5"'Ave Kenai,A1C 9961 I Email: ziggyak5@gci.net Home Phone: (907) 283-7409 Cell Phone: (907) 398- 1678 QUALIFICATIONS Team player, problem solver, can work in high pace and high stress situations, dependable, fast learner, and flexible with shifts. Working with the public is one of my favorite ways to meet new people and establish long term clients. Professional Qualifications Over see Employees, (hire, train, terminate,) Attend to all business matters, Inventory control, Budget control, Staying current on all License, Regulations. All Regulatory requirements. EDUCATION 1978 Kenai Central High Sehool -Kenai, AK EMPLOYMENT 2005-Present Owner/Manager K-Beach Diner 2002-2004 Asst. ManagertWaitress, K-Beach Diner -Kenai, AK 2000-2001 Head Housekeeper /Waitress, Katmai Motel -Kenai, AK 1989 Video Sales Clerk, Video Place -Milwaukee, OR 1987-1989 Manager, Creekside Video -Anchorage, AK References: Don & Eve Thompson (907) 283-7281 Michelle Mitchell (907) 252-02b2 Renee Diamond (813) b84-0486 Sue Starbuck (907) 283-0430 Teea Marie McBride 11115th s4V@. Kenai, •4K 99611 Cell phone: (907) 252-2882 f-{ome phone: (907) 283-7409 j,{JorK phone: (907) 283-6172 ~~' ~Js4I,IIFC.~4TIONS~ I'm a team player that focuses on running a regulated business. Safety is my first concern in any situation. I've worked in demanding environments and circumstances and solve problems well. Working with the public is fulfilling in everyway and 1 enjoy making new relationships with people. ~7®LCI NTEER.t4~TNt'fY~ 2004 -2001 Boys & Girls Club Indoor/Outdoor Soccer Coach 2002 Organized & Volunteered Kenai Peninsula Blood Drive 2002 Kenai Central High School Student Council Representative 1999 Kenai Peninsula Youth Court Representative 2003 Personal Selling Class, Kenai Peninsula College 2002 Diploma, Kenai Central High School ~FF~°CT(~IV~I, EXPET~IEf~ICE: Current Owner/Manager, K-Beach Diner 2005 Desk Clerk, King Salmon Best Western 2004 Service Representative, Snug Harbor Custom Retail 2003 Laborer, EnviroBlast Inc. 2002 Toddler Teacher, Creative Play & Preschool 2001 Housekeeper/Waitress, Katmai Motel TtE CES~ Lacy Grubb Dental Assistant (907} 262-5240 Terra Alvey Sales Associate (907) 398-7675 Sue Starbuck Personal Accountant (907) 283-0430 Mark Turner Unocal Operator (907) 953-0654 Malcolm G. McBride 111 I Fifth Avenue Kenai, Alaska 99611 Phone: Home (907) 283-7409 -Cell (907) 398-6660 As the Maintenance Contracts Coordinator for the Kenai Peninsula Borough, I performed a number of job duties. I provided for contractor compliance with contracts on a variety of contracts (Snow Removal & Sanding, Sweeping, Hockey Rink Maintenance, Septic Pumping and etc.). I was responsible for landscaping, requiring knowledge of field use, dimensions and maintenance/care, equipment use and user group coordination. In the smnrner I would run crews (asbestos and. landscape) as lazge as twenty four with five different crews working out of three Borough maintenance shops. I was point of contact for AK-DEC, for water issues as required by AK-DEC. Testing for or coordinating the testing of Class A wells for contaminates as required and implementing water system corrective measures. Providing asbestos awazeness training to school district and maintenance personnel, conducting periodic asbestos inspections on all facilities containing asbestos materials (32 facilities, two times each yeaz), large scale asbestos project design and asbestos project oversight. Asbestos abatement projects required removal and replacement of kitchen, office, classroom and. or HVAC equipment and repair if damaged. I have over fifteen yeazs experience in the Environmental and Health/Safety field, with extensive experience in air monitoring, microscopy, bulk surveys, environmental site surveys/auditing, project designs and project management of asbestos abatement and hazardous material remediation projects. I have worked closely with Architects, Engineers and directly with several Certified Industrial Hygienists and was in close contact with state and federal regulators on numerous differing projects. I also worked at the Soldotna Sports Center for a year and a half. Duties included ice resurfacing, skate sharpening, meeting room set up, facility maintenance, scheduling facility usage and other duties as assigned. References: Dave Eagle -Project Manager, Peninsula Plumbing & Heating - (907) 262-5879 David Litchfield - AK DEC -Drinking water program - (907) 262-5210 ext 224 Reade Hensley -Owner: EnviroBlast - (702} 285-7972 David and Linda Nichols -Owners: Steam on Wheels - (907) 262-3240 Leo W. Creary - Owner: 2 Bears Trucking -Phone (907) 262-5211 Cell (907) 398-7711 CERTIFICATIONS -Current TAM -Alcohol Management Certificate State of Alaska DEC -Safe food handling in Alaska Course American Red Cross -Basic First Aid and Adult, Child & Infant CPR EPA/AHERA -Asbestos Abatement Worker, ContractorlSupervisor- Inspector/Nlanagement Planner, Designing Asbestos Abatement Projects NIOSH 582 Equivalency -Sampling and Evaluating Airborne Asbestos -Air Monitoring Practices and Procedures Radiation Safety Course for Tec&nicians and Surveyors - 1993, 2 day course DEC -Certified applicator of restricted use pesticides Construction Quality Management - U.S. Corps of Engineers 2 day course Owens Corning -Factory training for O/C fiberglass tanks Scitec -Factory training for Scitec XRF Advanced Operator (2 day course) CERTIFICATIONS -Not Current EPA - 40 hour IIAZWOPER - 8 hour Supervisor ADEC -Underground Storage Tank Worker Installation and Closure EPA/HUD -Worker, Supervisor, Building Inspection, Management and Abatement of Lead Based Paint ®S'AI~Ked~`(K (Q7m4?790~ n~C~ ~~in~t Cr-~zrsD.L.McB~E OBJECTIVE FUNCTIONAL SUMMARY EMPLOYMENT EDUCATION Searching for a career that is permanent and full time. Willing to become an apprentice or be trained for a lifetime experience. Developed a reputation for excellent customer service by thoroughly learning everything possible about equipment/products. Quick learning with a productive and adventurous outlook on anything new. Experience in training situations and am great with teaching people quickly and efficiently. Sep 2005 to Present K-Beach Diner Learned a whole new side of business, from the customers to the inventory. Being completely run by family had many advantages and among those is closeness. Everyone knows every inch of our business, from the cooking to the waiting, and can perform almost any tasks needed in a rush to better our diner in a town with a small population and an even lower clientele and good history. May 2005 to Aug 2005 Peak Oilfield Roustabout Worked in various environments, from off shore platform to Conoco Phillips plants. Numerous odd jobs gave me plenty of experience in locating and prepping pipes, disassembling vessels to be repaired, welders helper for a while, and helped on reassembling vessels after inspections. Jan 2005 to May 2005 Fire Control Systems Technician Learned to trace out pipes, run inspections on fire systems, and how crucial it is that everything runs perfectly. Many instruments were needed and safety is always a factor. Lots of experience gained and willing to learn more. Jul. 2004 to Jan. 2005 Blockbusters Customer Service Provide customer service and maintain a clean store. Knowledge of surroundings helps with customer trust and relations as well as reliability for my employer. Oct. 2003 to Jul. 2004 McDonalds Crewmember After learning each position in the restaurant completely, I trained new crewmembers, off loaded freight, rotated new products, and had developed a great relationship with everyone. Oct. 18`", 2006 Apr. 27`h, 2006 May 5`h, 2005 2000 - 2004 Alcohol Management Course (TAMS) Safe Food Handling in Alaska Employee Course Petrochemical Health and Safety Verification 16 hour course from Prism Training Center KENAI CENTRAL HIGH SCHOOL Diploma -May 25"', 2004 Kenai. AK REFERENCES Kenny Dormady - 252-2725; Roustabout for ASRC Cathy Zorbas - 283-7775; Teacher at KMS and professional caterer State ®f Alaska Division of Enviranmental-Health Department of Environmental Conservation 555 Cordova Street, Fifth Floor Anchorage, Alaska 99501 phone (907) 269-7501 fax (907) 269-7510 ~~S FoC~,sea _Inspet~~n Alaska Permit# Issued Date CPN / FEI LOCadon - ` KENAI 236110206 Dec 20 2005 ~ ~Estabnshment Phone ~ Faz 1-907-283-6171 1-907-283-6171 K-Beach Diner 1111 5th. Ave Kenai AK 99611 Company Representative Company Sheny McBride & Teea McBride .. _. _ Sherry McBride Inspector YD# & Name Purpose of Inspection Date Time In Time Out Total Time 099 JERRY FARRINGTON Routine 1!612006 2:30PM 4:30PM 2hrs Critical Items 18 AAC ~-_ --- Deficiencies (Points Good Retail Practices ~ _ 0 X17 -Food Equipment &. Utensils _ sLazoMoist wiping cloths not stored in approved sanitizing solution when not in use. {a){u>t~) Chlorine residual for the wiping Goth was not at the required strength. Recommend chlonne concentration be 150 prim 'Correct By:Jan 6, 06 ' I ~ * Critical iM,ms needing immediate attention TTotal: 0 __~ i 236110206 - K-Beach Diner Page 1 Inspection Comments 236110206 - K-Beach Diner Kitchen has been extensively cleaned under this new management/ownership Chicken 165 degrees F Ground Beef 155 degrees F Pork 155 degrees F Fish 145 degrees F Prime Rib 130 degrees F Reheat to 165 degrees F Hot Holding 140 degrees F Cool Down 140 degrees F to 70 degrees F in 2 hours 70 degrees F to 41 degrees F in 4 additional hours Ice Water 32 degrees F Boiling Water 212 degrees F Inspected ey: Environmental Health Officer (~ C^`~. i Date Received By: Company Re sentative Date 236110206 - K-Beach Daher Page 2 Served aCC u Simple Meal.. $5.95 2 eggs any style, hash-browns, toast {whole wheat, white or english muffin} Grandpa Don ~ $7.25 1 pancake, 2 egg's any style, 4 slice's of bacon Mr. Slater - $7.25 2 pancakes, or 2 french toast, 2 eggs any Biscuits and Gravy: 1/2 order ~ $3.95 Pancakes• Short Stack ~ $3.95 (2 cakes) Full Stack _ $4.95 (3 cakes) French Toast : $5.10 (3 slice's of texas toast) e s e s~ s a e a e~ e•• s• e• s s~ o•• e s 3 Egg Omelets: Cheese ~ $ 7.25 Bacon Cheese - $ 7.95 Sausage & Cheese _ $ 8.25 Ham & Cheese ~ $ 8.45 Denver ~ $ 8.75 Bell pepper, onion & ham Spanish - $ 9.25 Bell pepper, tomatoes, onion, mushrooms, ham & salsa Vegetarian - $ 8.50 Bell pepper, tomatoes, onion, mushrooms, broccoli Chili & Cheese ~ $ 8.95 Western ~ $ 9.25 Bell pepper, onian, ham 8~ cheese Omelets are served with hash-browns & toast {whole wheat, white or English muffin} .7..._..... Sl Dl.'Sg Di SSLl®.i Sq D/®.S Break cast Side Orders: Oat Meal a $3.25 (served with raisins, brown sugar, butter) Hash Browns ~ $2.95 with cheese ~ $3.95 with Gravy ~ $4.95 2 Eggs any style a $2.25 Sausage Gravy ~ $2.95 Toast or English Muffin ~ $1.95 Bacon, 4 slices ~ $3.95 Sausage, 4 links ~ $3.95 Sausage Patty ~ $3.95 Nam ~ $4.25 ; B6'V eYLL 6~5.' Coffee ~ $1.00 : Thermos refill a $5.00 Hot Tea ~ $1.75 : Ice Tea ~ $1.75 Hot Chocolate ~ $1.75 : Juice ~ small $1.50 : large $2.50 : (apple, orange, tomato) ® Milk ~ small $1.00 large $2.00 Chocolate Milk ~ small $1.50 large $2.50 : *Soft Drinks ~ $1.75 : (Coke, Diet Coke,Cherry Coke, Root : Beer, Dr. Pepper, Sprite) Lunch & Dinner Sides: Baked potato ~ $2.95 Mashed potato ~ 2.95 French Fries ~ $3.25 Onion Rings ~ $3.95 Chili Cup ~ $3.95 Bowl a $5.95 Served with: onions, cheese, jalapenos Soup Cup $2.95 ~BowO ~ $4.95 Desserts ice Cream: $1.95 -Cup $2.95 -Bowl Flavored Syrup - .50 each Root Beer Float ~ $3.95 *Cake _ $2.75 *Fruit Pie- $3.95 *Cream pie .. $3.75 *Pie AI a Mode - $4.95 "Cake AI a Mode ~ $3.75 `1Nhen avaiCa6Ce * soft drinks come with one refill s e s e Beer: (aCC%n 6ottCes) (FrostedMugs .~1vaiCa6Ce) : Al~ekan Amber ~ $4.50 : BU r+ • . Bt ~ ~~-- : CQ ~ ® c' ~ ~~~ `~ sal •H ®(~ ~~ `~(~_ tQC -1`~ :~ ~~`~ ~. :, .I i .~ ~~~ ~ S ~~ nos ~e~ ~~~~ : Must be over 21 & Snow v~„~. LD Thank You. Revised2oo6 L21C~-C servea'~tr.•oo am to Chase Ckoice of - -,~rencfi pries, coca sCanv, Potato saCacl, cup soup (Substitution of Onion Rings or saCad add si.5o ) CL.~SSIC ~A~VORI~ES: All burgers are fresh, 6 ounce patties served with lettuce, onion, pickle, mayo - (tomato by request) Hamburger - $8.50 Cheeseburger - $7.25 Bacon Cheeseburger _ $7.95 Double Cheeseburger _ $9.25 Double Bacon Cheeseburger ~ $9.95 Swiss Mushroom Jalapeno Burger ~ $8.95 Chili Burger ~ $8.95 Patty Melt ~ $7.95 Served on rye bread with swiss cheese & grilled onions Burger Dip _ $7.95 (add $1.50 for cheese & bacon) Hot Dog - $3.95 w/Chili -- $5.95 w/Sauerkraut - $4.75 w/Cheese ~ $4.50 BaSI~ 2 tS: Chicken Strips - $9.75 w/ BBQ sauce, fries & cote slaw '`Fish & Chips ~ $11.95 wl tartar sauce, fries & coleslaw Shrimp ~ $10.95 w/five shrimp, cocktail sauce, fries & coleslaw *Depending on avaiCabiCity •3-COQ' g.~t1~ORI7"ES: •Hot Roast Beef Sandwich ~ $7.95 .served open face, with mashed potato& gravy :Grill Cheese ~ $5.75 ® with Bacon orHam - $6.95 French Dip - $7.95 •sliced 6 oz roast beef served on a hoagie bun :with au ju ;Rueben a $8.95 •sliced corn beef served on rye bread with swiss .cheese, 1000 island dressing and sauerkraut ;Captain Dave ~ $8.75 •battered halibut fillet served on a bun with lettuce, etomato & tartar sauce :Philly Mushroom Dip ~ $9.95 sliced 6 oz roast beef, swiss cheese, green peppers, onions & mushrooms, au ju ;COLD ~..~IVORI~'~S: •BLT _ $7.95 .Club Sandwich - $9.95 .(Mayo, turkey, ham, bacon cheese, lettuce, tomato) ®Deli sandwiches - $6.95 :Roast Beef Turkey Ham or Bacon (add $1.00 for each additional meat} ;SaCad's: ;Side salad - $3.25 ®Chef Salad - $9.95 •Breaded Chicken Salad - $9.95 .Shrimp Salad ~ $11.95 ;Potato Salad _ $ 2.95 ®Cofe Slaw ~ $2.95 e (Extra side's of Ranch mayo Lemons Safsa, etc.. add.so cents Revised zoo6 .Dinner Serve~f s~oo vm to Close ew York Steak 9 oz. ~ $14.95 12oz.a$16.95 Rib Eye Steak 10 oz. ^° $17.95 14 oz. a $19.95 served with choice of potato, veggies, dinner roll and choice of soup or sal Grilled Onions or Mushrooms add $1.00 Chicken Fried Chicken Breast ^- $11.95 Breaded chicken breast covered in country gravy and served with choia potato, veggies, dinner roll and choice of soup or salad Ham Steak -- $ 12.95 served with choice of potato, veggies, dinner roll and choice of soup or Roast Beef ~ $12.95 tender sliced beef covered in brown gravy and served with choice of po...~.., veggies, dinner roll and choice of soup or salad Ground Beef Steak _ $11.95 Ground beef steak covered wii nninnc and cPrvarl with cholcP beef ~ $10.95 Chicken _ $10.95 Shrimp _ $12.95 fry vegetables over rice, with egg roll ,soup or salad POLICY NUMBERaNlooo144 COMMERCIAL GENERAL LIABILITY CG DS 01 10 01 COMMERCIAL GENE L LIABILITY DECLA TIONS COMPANY NAME Insurance Company NAMED INSURED Sherry mcaride DBA: K-Beach Diner MAILING ADDRESS 1111 5th Avenue Kenai, AK 99611 POLICY PERIOD: FROM oa/oz/zoos YOUR MAILING ADDRESS SHOWN ABOVE PRODUCER NAME 105.15 omen Insurance Center 09 Sterling Highway uite 201 omer, AK 99603 (907)235-3881 TO oa/x2/2007 AT 12:01 A.M. TIME AT IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. OF INSURANCE EACH OCCURRENCE LIMIT $1, ooo, ooo DAMAGE TO PREMISES RENTED TO YOU LIMIT $loo, ooo Any one premises MEDICAL EXPENSE LIMIT $5, ooo Any one person PERSONAL & ADVERTISING INJURY LIMIT $1, ooo, ooo Any one person or organization GENERAL AGGREGATE LIMIT $1, ooo, ooo PRODUCTS/COMPLETED OPERATIONS AGGREGATE LIMIT S1, ooo, ooo RETROACTIVE DATE (CG 00 02 ONLY) THIS INSURANCE DOES NOT APPLY TO "BODILY INJURY", "PROPERTY DAMAGE" OR "PERSONAL AND ADVERTISING INJURY" WHICH OCCURS BEFORE THE RETROACTIVE DATE, iF ANY, SHOWN BELOW. RETROACTIVE DATE: (ENTER DATE OR "NONE" IF NO RETROACTIVE DATE APPLIES) FORM OF BUSINESS: ©INDIVIDUAL ^ PARTNERSHIP ^ JOINT VENTURE ^ TRUST ^LIMITED LIABILITY COMPANY ^ORGANIZATION, INCLUDING A CORPORATION (BUT NOT IN- CLUDING APARTNERSHIP, JOINT VENTURE OR LIMITED LIABILITY COMPANY} BUSINESS DESCRIPTION: CG DS 01 10 01 ©ISO Properties, Inc., 2000 Page 1 of 4 ^ Original Eve - n -Don Thompson POBox 1731 Kenai, Alaska, 99611 907-283-7281 To Whom It May Concern, I would like to introduce Sherry and the McBride family, Sherry came to work for us at the K-Beach Rd. Diner in 2003, she was employed as a waitress, and because of her many skills, we added assistant manger, where she did a excellent job. Sherry's daughter came to work for us as a part-time employee, part-time turned into. full time as adish-washer, and waitress. While being employed by Don and my self, we found the whole family to be honest and pitching in when ever help was needed, Sherry was able to run the Diner with out help from us and her work history was excellent. In or around 2004, the McBride family took on the K-Beach Rd. Diner as owners with a lease from the new buyers. We, and the whole neighborhood watched as Sherry and her family worked very hard to make the Diner into a place where you could feel at (home away from home }living next door to the Diner I have seen the success that they have accomplished, this comes only from hard work and dedication . Don, and I know that the McBride family will exceed in any endeavor they take on, and succeed. Please, for any information that we may help with call any time Don and Eve T ompson -~c-,____..- STARBUCK BOOKKEEPING SERVICES P O BOX 2587 KENAI, ALASKA 99611 (907)283-0430 December 21, 2006 TO WHOM IT MAY CONCERN: 1t is with tremendous respect and an honor to give a reference for Sherry McBride and the McBride family. In the years that I have known Sherry, her dedication to work ethics and personal commitments are above reproach. In addition to knowing them on a personal level, I have been doing their books since they have had the K Beach Diner Payables and payroll taxes are always filed timely. Also, I have seen how they run a business: treating customers like long lost family, treating their employees with respect and most importantly, their establishment is treated like their .;home, always immaculate, e~ne~ia~y behind the scenes. Sherry would be an asset to the City of Kenai, Kenai Airport. Sincerely, a ~~,,,~~ y`=~ ter' Sue Starbuek f-OLPt5FC,0~O ~epartfnent of Envirantrlent~l Consen~ation Alaska Food Code ~0®6 E~t~fbli~hement P~rnYit Division of Environmental Health Foad Safety & Sanitation Permit 1`vTt~~ntbcr: 23611.0206 Issued to: Sdtcrr,„ McBride & Teea McBride Nor: K-]Beach Diner For l)peration of: FF-1 Food Service Located a.t: KENAI ~ ~ This pannit, issued tiutder the provisions of 1$ AAC 31, is valid ctntfl the noted expiration ciafe or unless suspended or ravaked by the department. 'this parxnit 'is noi: transferable for change of ownerstup, shop locatiort„ or type of operation It must be posted in plain view in the establishment and is the property of the State of Alaska. F.,xpiratian llate: Program Manager: 13ecember 3Y, 2006 ~~ tf you have questions or cancerns raegaeding safe fond handling practices call toll free: jin Anchorage call ~'d4-~Sf:O} CITY OF KENAI KENAI MUNICIPAL AIRPORT RESTAURANT CONCESSION PROPOSER'S QUESTIONNAIRE The proposer must submit the information requested in this questionnaire with its proposal. Attach additional pages, as necessary, and label responses with the same item number of the information requested. The proposer must make complete and accurate statements and present them in the form requested. The City reserves the right to reject a proposal for omissions, inaccuracies, or misstatements in this questionnaire or any attachment. 1. Name of proposer's contact: -x.13 ~f-lln/.k" '-` m~ c ~~~K~~~~1~'~c1e~-`~~R-Int~(p1.> -- C'~1ri=, Y~l~i idP ~~`;~-~i~o7 2. Proposer's mailing address as it should appear in the Concession Agreement. „~. , , 3. address: _. 4. Proposer's telephone number: t--I -01~`3-7y09 U'-~~3-~017~. 5. Proposer's facsimile number ~~C1'7'c~~' 3-~cl' 1 `~-- 6. If awarded the agreement, the proposer intends to operate as the following: ( )Individual (~ Joint Venture ()Sole Proprietorship ( )General Partnership ()Corporation ()Limited Liability Company 7. Give the name, location, and date of any concession agreement with an airport or other public agency that was terminated, assigned, or transferred, within the past five years, either voluntarily or involuntarily, before expiration of the agreement. Please explain the circumstances. If none, mark this box,]. Proposer's Questionnaire Page 1 of 2 November 29, 2006 8. If the proposer ever had a bond or surety canceled or forfeited, explain the circumstances surrounding the cancellation of forfeiture as well as the name of the bonding company, date, and amount.. If none, mark this Box,(. 9. If the proposer ever declared bankruptcy, explain the circumstances surrounding the bankruptcy as well as the date, court jurisdiction, amount of liabilities, amount of assets, and status of any current bankruptcy action. If none; mark this box~'J. The undersigned read this questionnaire and says on oath of affirmation that the undersigned is authorized to sign this questionnaire and confirms the truth and accuracy of all statements, answers, and representations made in this questionnaire, including all attached supplementary statements. (If the proposer is a partnership or joint venture, all general partners or members of the joint venture must sign; if the proposer is a corporation, the signature of one authorized representative is sufficient unless the corporation requires two or more signatures.) (Corporate Seal if a Corporation) C 4., ~ ~ Sina -r~` , g ture Title ~ 0 ~~_ ~ --~ ~a~~ . Signature - ~3< a;A€1°°-~ f r/ (V~~) e-1 Cz CAP Title Subscribed and sworn to or affirmed before me on the ~stof December 2006. NOTAPv ~ ~ ~., ~_ ~~~i4~ ;~':. ~r~ ~~ ~ Notary Public in and for: ,~ • -.lac..; My Cor~~~ _ _ c„~ires Proposer's Questionnaire November 29, 2006 My commission expires: °~l- -~-~'( Page 2 of 2 CITY OF KENAI KENAI MUNICIPAL AIRPORT RESTAURANT CONCESSION ANNUAL RENTAL RATE PROPOSAL Date ~~~t ~~C~ The undersigned (individual, partnership, joint-venture, or corporation) offers to enter into the Concession for the right to operate a restaurant concession business in the Kenai Municipal Airport. In connection with this offer, the bidder offers to pay the following fee: Afeeof)=~„ ri~per~~-h~~s ,c~r~c~ ~=i~f E`(i~-t~E'2c~ dollars ,`,t ($ ~ f?(l.c'~t~ )for each year of the agreement. The words will govern if there is ~a dist;repancy between the words and figures in this proposal. i ~ -~. **NOTE: THE PROPOSER MUST OFFER A MINIMUM ANNUAL GUARANTEE (MAGI OF $ 14,000.00 (FOURTEEN THOUSAND DOLLARS) OR MORE. Attach the following information: 1. Copy of State business license. 2. Kenai Peninsula Borough Tax Compliance Certificate approved by the Borough Finance Department. 3. City of Kenai Contractor's Certification of Workers Compensation Coverage Form. The proposer acknowledges receipt of the following addenda related to this offering for this Concession Agreement. Addendum No. ~--" ___ Addendum No (If the proposer is a partnership or joint venture, all general partners or members of the joint venture must sign; if the proposer is a corporation, the signature of one authorized representative is sufficient unless the corporation requires two or more signatures.) C` ,~'~ ` / ~1 ~ j ,~,~ , C" ~ ~ ~ I~~ v, ti r, i , '~ f _L.C-C~ 'G ~ {-t-~' Signature Signature Title-~~ - Title Restaurant Concession MAG Submittal Page 1 of 2 November 29. 2006 STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this 11s-j day of December, 2006 ~~~rr G N1 `= ~v i cl ~ ,being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said Corporation. STATE OF ALASifA ~~~":,~',,; NOTARY PUBLIC , ~'"lN~~" Melonee A. Lang A~~ " My Commission Expiras `~"z~-(J,~ ~ i r ~ ~ ~e- Nota Public for AI ska My Commission expires: ` -ZB-G ~ STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this 21st` day of December, 2006, - I~-ee~, tt~ . M1 c f-~ror~`de, ,being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said Corporation. STATE OF ALASKA ~~,,,."' NOTARI' PUBLIC ,~di°~~'~ ~~"" Melonee ~. Lonc{ ~o:=J My Commission; Expires,_~~"._.~~~,,, Restaurant Concession MAG Submittal November 29; 2006 7n.~:,,~.. ~- Notary Public for Alaska My Commission expires: ~-2_~"-~U`j Page 2 of 2 N M N tom. ~k C~ C m ., v C J Q~ y E un a m c c ~, 'vs > m A a; V 'N C 41 _R ~ J O Q O ~ O ~ .Q r to ~ C v a°Ji ~ O ~ w 0- Y .~. ~ ~ ~ N Q E ~, E ~ ~ U ~ ~ m '' ti ~ ~ OJ ~' o a E '~ •-- E o ~ o ~ o m O ~ p c ° a a~ ~ O E N Q ~ R 1G ~r7 ~~ ~ W ~ 4 r ~ 'CO. O ~ ~ tD C,~ O N Y r c ~ ~ to r N ~ py '.' O O N ~ W O c ~ ~ ~ N O O Y ~. ~ m .L1 C C/} ~ N ~ Q 'O v 3 O '-' (A C W ~ ~ Y .C7 O ~ 01 C. 0.5 ~ w 'c.. ,~ = O ~ ~, ~ O W ~ ® ,C .~ ~ ~ ~ ~ o 4 ° ° o ~ ~ L1~ ~ Q ~ ~ tD N ~ 4 ~ v ~ ` ~ ~ M ~ ~ o N ~ m R~8 °l U ~, -fl a o r-- ~ 'O O N ar ~-' G ~- !ll ~ ~ ° .o ~ °i r U ~ C O IyII ~ . _.. . .J ~ ~ ~ VI G ~ .Q ro a m ~ h'~ ~ E w ti ~ O ~ ti~ a ~ C ~ O c o `~ c; U U ~ w U O _ ~. N > N C ~ w h c ._ - S U . h =' ` 144 N. Binkley q Soldotna, Alaska 99669-7599 ° ~ BUSINESS: (907) 714-2197 or (907) 714-2175 ""~~"' rrr FAX: (907) 262-8623 TAX COMPLIANCE CERTIFICATION SUBMIT TO KPB FINANCE DEPARTMENT, SEPARATE FROM BID, 48 HOURS PRIOR TO BID DATE TO ENSURE TIMELY PROCESSING Reason for Certificate: For (Dept.): Cy ~ Y ~ f'" Cr; 1=I~1 Date Recd by Finance. II~~ ppBu~siness Name, l~, ~~. t~,4 G 6~ ~C`,9,J L~1-%~/U~/: Owner Name(s): C GTU /c..4iyt0 S a. Individual Business Mailing Address: b. Corporation Telephone: _._.__ Fax: o Partnership As a business or individual, have you ever conducted business or owned real or personal property within the Kenai Peninsula Borough? Yes ~No _ (If yes, please supply the following account numbers and sign below. If no, please sign below.) Kenai Peninsula Borough Code of Ordinances, Chapter 5.28.140, requires that businesseslindividuals contracting to do business with the Kenai Peninsula Borough be incompliance with Borough tax provisions. No contrail will be awarded to any individual or business who is found to be in violation of the Borough Code of Ordinances in the several areas of taxation. SALES TAX ACCOUNTS Number Account Name r`~~~1a~.~ r% C~~uf l~v~D 1~"~ ' PERSONAL PROPERTYtBUSINESS PROPERTY ACCOUNTS Number Account Name REAL PROPERTY ACCOUNTS Number Account Name ~b[ "+-1/;t''13G~SOCC/ l7i~Lcc~iyLt^-Stl~h??YL:+`7 (TO BE COMPLETED BY BOROUGH PERSONNEL) FILED THRU M/F's BALANCE DUE IN COMPLIA/,N,CE ITL .~-- Yes / rvo_ Yes No Yes No YEAR LAST PAID BALANCE DUE IN COMPLIANCE Yes No_ Yes No_ Yes No YEAR LAST PAID BALANCE DUE IN COMPLIA~I CE ~~~ ~-~' Yes ~/ No_ -' 2©~(~ ,~}~- Yes y`NO_ Yes No_ Yes No I, (/`7i y~'Y.cr/ `-P ,the T(S y' " ~fVl/116~~, hereby certify that, to the best of my knowledge: the above (Signature Required) (Title} information is correct as ofd/~ lP (Date). (TO BE COMPLETED BY BOROUGH PERSONNEL) I hereby certify that, to the best of my knowledge, the above business is: r' A. ~~N COMPLIANCE WITH ALL BOROUGH TAX PROVISIONS. B. NOT IN COMPLIANCE WITH ALL BOROUGH TAX PROVISIONS. 12~Z0~~(~ mate *IF A BUSINESS IS CONDUCTED OR IS AWARDED A BID WITHIN THE'KENAb PENINSULA BOROUGH YOU MUST BE REGISTERED TO COLLECT SALES TAX. THE SALES TAX DEPARTMENT CAN BE :REACHED AT (907)714-2175. Revised 5/28/04 i~b~rty ~c~rthrwesta Mlenberf., lll~[Ytj'Mnlmll~epu[~ October z, 2QC16 SHERRI' hACBP.I DE & ?EEA MCBR I DE pSA: K-SEACfi DINER 1111 5TH AVE KENAf AK 99611-76Q3 lolrr{r~nrl~nnrliaullluilr6ln{liuu~innlLulldlnl RE: LNWPoIiayNumber: WC4-3NC-51a331-D16lND1 PolicyParicd: a/2zl20 o6 to 6l2z/2007 Dear Pa3cyhoider: ~~~ ~~ ~~ruoy ~[,~: P G. 6m, t55fi Pon'antl. 09 PZgOd-SSES TeP. (6Q31 gig G©pU wv+w.ilbe[tynnrtMwe;lmrri Welcome to Liberty Northwest Insuranoe Corporation. As your customer service representatl ee far your Alaska assigned risk workers compensation coverage, I would like to fake this apportunity to desrr;oe the various enclosures includod with your new policy. Please take time to review this information Workers Compensation and Employers Liability PotBcy: This document explains Liberty Northwest's obligations as your insurance carrier as well as your obligations as our insured. General Information Page: A two sided insert that provides gerreral information regarding deposits, payroll ' reporting, and awnershlp. Alaska Contracting Classification Premium Adjustment Program (ACCPAPj Appt9cation: If you are an employer with contracting operations you may qualify for a premium credK. scopes of Basic PRanuat Classifications: A detailed description of your authorized class;fications. Alaska Payrail Reporting Brochure: A bulletin describing ratemaking; auditing and other items. Some of the enclosures listed above will r,ot be issued with subsequent policies. However, we will provide fhem upon request. You will soon receive a packet containing the Information you need regarding claims reporting. In order to ensure proper coverage, please notify Liberty Northwest of any changes such as ownersnip, legal entity, business operations and location. if you have any questions or eonoems regarding your workers componsaton policy, contact me. Please have your policy number available far reference. Sincerely, DWANA vAN DE MERGHEL Assigned Risk Customer Service Representative Enclospr~ESR INSURANCE CENTER Cc: """'e1p'Ya/oz/zea6 EFS Ig WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY INFORMATION PACE tj(y Type: PARTNERSHIP FEIN: 5581 153 7 2 PolicyNo.: WC4-3NC-5 18331-0 7 6 Prior Policy No.: Risk ID No.: DNn Suffix: NO1 1. Thelnsured: SHERRY MCBRIDE 6 TEEA MCBRIDE DBA: K-BEACH DINER Mailing Address: 1111 5TH AVE KENAI AK 99611-7603 Other workplaces not shown above: 50835 KAL I FORNSKY BEACH RD. ,KENAI AK 99611 50835 KALIFORNSKV BEACH RD ,KENAI AK 99611 WC 00 00 01 1 2. The policy period is from 6/22/loos to a/22/2007 12:01a.m.standardtimeattheaddressoftheinsuredas stated above. 3. Ai Workers Compensation Insurance: Part One of the policy applies to the Workers Compensation Law of the states listed here:- AK B: Employers Liability Insurance: Part Two of the policy applies to work in each state listed in Item 3.A. The limits of our liability under Part Two are: Bodily Injury by Accident S 100 ; OOO each accident Bodily Injury by Disease S50o , 000 policy limit Bodily Injury by Disease S t oo , o0o each employee C. Other States Insurance: Part Three of the policy applies 4o the states, if any, listed here: Refer to Residual Market Limited Other States Insurance Endorsement WC 00 03 26A D. This policy includes these endorsements and schedules: (See Extension of Information Page -Item 3D) 4. The premium for this policy will be determined by our Manuals of Rules, Classifications, Rates, and Rating Plans. All information shown on the attached Extension of Information Page -Item 4 is subject to verification and change by audit. Minimum Premium: S75o Deposit Premium: $96a Total Estimated Policy Premium: $s64 Reporting Frequency: Annua 1 I y Servicing/Issuing Office: PORTLAND A/R Producer: HOMER INSURANCE CENTER 509 STERLING HWV SUITE 201 HOMER, AK 99603 Countersigned by: Jim M Kittrick, Secretary ty Northwest Insurance Corporation oocaoie 10/02/2006 EFS Ig :~ I.1bCY'ty ~Ol'~1WeS~ .~x.a~m umu.i cmup CITY F KENAI " 1~dlage wilh a pas! -City rrilii a futrrrc ..__ ~ ~ BACKGROUND ANL PERSONAL D TA CANDIDATES FOR APPOINTMENT CO I E D COMMISSIONS '' /f~ r ~ ~~lj>. ~' G~~~, DATE: ~~.fo ~, „?.rS ~~~~ ~~~ ~~ ~ e ~..~, --~ 'ti ^., < ~ <~~~., NAME: ;~~ ~ ~°~'," `t,„`, ~~ v Resident of the City of Keaai? _~( iG 5_ __ How long? ,__) ~ ~,7 ~-y ~ ~;, c`~`~ ~ '*.., r Residence Address ~~ /.J -' ~~ ~l/~'."l.l~`f' _ ~U7GJ' / `al Mailing Address ' [~;- ~ r~11t`'/1G/~ L~y''~ -J/ ~J la Horne Telephone No.~ 3 ~/'r„1 g Home Fax No. Business Telephone No ~T Business Fax No. Email Address: ~ G,T ~~ [,r, t~ ~ /, ,~ ~; ~. EMPLOYER: Job Title NAME OF SPOUSE: t ~JC~'- /~ ~'~ (-+~? /~~ f-- Current membership in organizations: ~ h 5 ~" !3~'.~ f. , ~~ C~itl-- er ' ~ ~.trr:~~~ 9~r~> n ~ r~,~,~ ~~ ,cam Past organizational memberships: x COMMITTEES OR COMMISSIONS IN WHICH YOU ARE YNTERESTED: ~'~`~ rr,~ i ~ /~J`I ~G~>ji~ 9 DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR. WHAT BACKGROUND, Er'.PERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, COMMISSION OR COMMITTEE MEMBERSHIP? Signature j-b CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA December 13, 2006 - 7:00 p.m. 1. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Excused Absences d. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non-contzoversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission 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. 2. *APPROVAL OF MINUTES: a. '`November 8, 2006 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS: a. PZ06-80 -Preliminary Plat -Baron Park 2007 Replat. Plat submitted by Integrity Surveys, 8195 Kenai Spur Highway, Kenai, Alaska. b. PZ06-83 -Preliminary Plat -General Aviation Apron Subdivision No. 4. Plat submitted by McLane Consulting, Inc., P.O. Box 468, Soldotna, Alaska. c. PZ06-86 - PreHminazy Plat -Lot 10A, Cook Inlet Industrial Air Park. Plat submitted by Rodney P. Kinney Associates, Inc., 16515 Centerfield Drive, #101, Eagle River, Alaska. 5. PUBLIC HEARINGS: a. PZ06-82 - An application for a Conditional Use Permit for Business/Consumer Services (Commercial kitchen with off-site catering and on-site meal preparation sessions) for the properCy known as 509 Overland Avenue (Lot 4, Block 5, Original Townsite of Kenai). Application submitted by Laura Ganshow, The Family Table, LLC, 1611 Aliak Drive, Kenai, Alaska. 6. OLD BUSINESS: a. PZ06-74 - An application for a variance for minimum lot size for the property described as Lot '1A, Block 6, Redoubt Terrace Bluff View Addition (portion of SOl W 1/2 of Sec 6 & NE1/4 of Sec 1 All Lying North of Cook Inlet & Excluding All Redoubt Terrace Subs), Kenai, Alaska. Application submitted by F. DeWayne Craig, P.O. Box 1613, Kenai, Alaska. (Postponed from November 13, 2006 meeting.) b. Proposed Rezone of Angler Acres area -Discussion. 7. NEW BUSINESS: a. *PZ06-81 - An application for a home occupation for a daycare for the property known as 2620 ViP Drive (Lot 10, Block 2, VIP Ranch Estates), Kenai, Alaska. Application submitted by LaRae Selfridge dba Happy Hearts Child Care, 2620 VIP Drive, Kenai, Alaska. b. PZ06-84 (PZOI-11) -Transfer of Conditional Use Permit- Hotel (Short-term Recreational Rentals) from Bryan Lowe, Hi-Lo Charters to Hal Westbrook, Member of Blue Heron Land Company, LLC for the property known as Lot 1, Block 2, Angler Acres Subdivision No. 1 (1230 Angler Drive), Kenai. Application submitted by Hal Westbrook, Member, Blue Heron Land Company, LLC, 560 Curry Road, Roseburg, Oregon. a PZ06-85 (PZOS-26) -Transfer of Conditional Use Permit- Hotel, Guide, & Boat Parking from Bryan Lowe, Hi-Lo Charters to Hal Westbrook, Member of Blue Heron Land Company, LLC for the property known as Lot 6, Angler Acres Subdivision Part 3 (1105 Angler Drive), Kenai. Application submitted by Hal Westbrook, Member, Blue Heron Land Company, LLC, 560 Curry Road, Roseburg, Oregon. d. Ordinance No. 2200-2006 -Repealing the Existing Title 22 of the Kenai Municipal Code and Replacing it With a New Title 22 Entitled, "General F1md Lands." Discussion. 8. PENDING ITEMS: 9. REPORTS: a. City Council b. Borough Planning c. Administration 10. PERSONS PRESENT NOT SCHEDULED: 11. INFORMATION ITEMS: a. "Zoning Bulletin" (11/10/06 & 11/25/06) 12. COMMISSION COMMENTS & QUESTIONS: 13. ADJOURNMENT: CITY OF KENAI PLANNING & ZONING COMMYSSION DECEMBER 13, 2006 - 7:00 P.M. KENAI CITY COUNCIL CHAMBERS VICE CHAIR PHIL BRYSON, PRESYDING MINUTES ITEM 1: CALL TO ORDER 1-a. Roll Call Vice Chair Bryson caller confirmed as follows: Commissioners present: Commissioners absent: Others present: A quorum was present. 1 the meeting to order at approximately '7:06 p.m. Roll was J. Jenckes, P. Bryson, T. Lewis, R. Wells, R. Fulhnck, and J. Twait. S. Romain City Planner M. Kebschull, Department Assistant N. Carver, City Clerk C. Freas, Council Member R. Ross 1-b. Agenda Approval Chair Bryson requested the following items be added to the meeting packet: ADD TO: Item 6-a, P206-74/Craig Application for Variance -- Letter from Bob Friend, President/Bluff View Condo Association. Item 6-a, PZ06-74/Craig Application for Variance -- Written Statement by Susan Anderson. ADD AS: Item 7-e, Discussion/Code Amendment, KMC 14.20.250 -- Off- Street Parking and Loading Requirements. ADD AS: Item 7-f, Discussion/Code Amendment, KMC 14.25 -- Landscaping/Site Plan Regulations. ADD TO: Item 9-a, 11/21/06 Council Meeting Action Agenda. MOTION: Commissioner Twait MOVED to approve the agenda and include the lay down items as listed and requested UNANIMOUS CONSENT. Commissioner Jenckes SECONDED the motion. There were no objections. SO ORDERED. 1-e. Excused Absences -- None. 1-d. Consent Agenda MOTION: Commissioner Nlillinck MOVED to approve the consent agenda as presented and Coxnnussioner Jenckes SECONDED the motion. There were no objections. 50 ORDERED. YTEM 2: APPROVAL OF MINUTES -- November 8, 2006 Approved by consent agenda. YTEM 3: SCHEDULED PUBLIC COMMENT -- None. ITEM 4: CONSIDERATION OF PLATS 4-a. PZ06-80 -Preliminary Plat -Baron Park 2007 Replat. Plat submitted by Integrity Surveys, 8195 Kenai Spur Highway, Kenai, Alaska. City Planner Kebschull reviewed the staff report included in the packet and noted, the plat, as submitted, met the City's zoning requirements, no installation agreement would be required, and staff recommended approval. The floor was opened to public hearing. There being no one wishing to speak to the issue, the public hearing was closed. There was no Commission discussion. MOTION: Commissioner Jenckes MOVED to approve PZ06-80 and Commissioner Wells SECONDED the motion. VOTE: There were no objections. SO ORDERED. 4-b. PZO6-83 -Preliminary Plat -General Aviation Apron Subdivision No. 4. Plat submitted by McLane Consulting, Inc., P.O. Box 468, Soldotna, Alaska. Vice Chair Bryson reported he would abstain from voting on PZ06-83 and PZ06-86. Bryson passed the gavel to Commissioner Twait. Kebschull gave an overview of the staff report included in the packet noting the plat would reconfigure two parcels on the Kenai Airport, vacate a 50-foot right-of-way and would dedicate a 50-foot right of way; through this, access to lease lots will be provided and the development of a parking lot; water/sewer is available; the plat, as submitted, would meet city requirements; and approval was recommended with the requirement the vacated right-of--way must be dedicated as a utility easement. PLANNING & ZONING COMMISSION MEETING DECEMBER 13, 2006 PAGE 2 The floor was opened for public hearing. There being no one wishing to speak to the issue, the public hearing was closed. MOTION: Commissioner Lewis MOVED to adopt PZ06-83 and Cou~missioner Wells SECONDED the motion. There were no Commission comments. VOTE: There were no objections (one abstention). SO ORDERED. The gavel was returned to Vice Chair Bryson. 4-e. PZ06-86 - Prelinunary Plat -Lot 10A, Cook Inlet Industrial Air Park. Plat submitted by Rodney P. Kinney Associates, Inc., 16515 Centerfield Drive, #101, Eagle River, Alaska. Kebschull reviewed the staff report included in the packet noting, the plat would remove the interior lot lines to create one large lot from three; the resulting lot would meet development requirements for the General Commercial zone; the courthouse was built across the interior lot line between Lots 11 and 12; removing the interior lot lines would eliminate anon-conforming structure; the plat was being processed to allow for a planned addition to the structure; without the removal of the lot lines, a building permit could not be issued; water/sewer serve the parcels; and, an installation agreement would not be required. Kebschull reported staff recommended approval with a required removal of "Beaver Loop Road" on the plat and replacement with the correct street name "Main Street Loop." The floor was opened for public hearing. There being no one wishing to speak to the issue, the public hearing was closed. MOTION: Commissioner Jenckes MOVED for the approval of PZ06-86 including staff recommendations on the name correction. Commissioner Fulhek SECONDED the motion. There were no comments of Commission. VOTE: PLANNING & ZONING COMMISSION MEETING DECEMBER 13, 2006 PAGE 3 There were no objections (one abstention). SO ORDERED. ITEM 5: PUBLIC HEARINGS 5-a. PZO6-82 - An application for a Conditional Use Permit for Business/Consumer Services (Commercial kitchen with off-site catering and on-site meal preparation sessions) for the property known as 509 Overland Avenue (Lot 4, Block 5, Original Townsite of Kenai). Application submitted by Laura Ganshow, The Family Table, LLC, 1611 Aliak Drive, Kenai, Alaska. Kebschull reviewed the staff report included in the packet, noting the criteria for issuing a conditional use permit; the applicant leased the building to relocate a catering business to the building; a Conditional Use Permit is required to operate the kitchen from the building; the use is consistent with the purpose of the TSH Zone; the value of the adjoining property and neighborhood would not be significantly impaired; the proposed use would be in harmony with the comprehensive Plan; public services and facilities would be adequate to serve the proposed use; the proposed use would not be harmful to the public safety, health or welfare; an agreement has been made to use adjacent properties for parking overflow and snow storage; if the Conditional Use Pernut is approved, and, a building permit would be issued for alterations to the building to allow the commercial-type kitchen. Kebschull noted staff recommendations included all off-street parking to be located at 509 and 513 Overland Avenue or at public parking along Overland Avenue; commercial deliveries to the business may not block Overland Avenue; a copy of a current State of Alaska business license must be on file with the City; verification from the Kenai Peninsula Borough that the business is in compliance with sales tax reporting requirements; and, a Certificate of Occupancy must be issued by the Building Official. The floor was opened to public hearing. Laura Ganshow, 1611 Aliak Drive, Kenai -- Ganshow (applicant) explained her business is "The Family Table"; she believed the business would fit into and enhance the Townsite Historic Zone; other businesses in the area have stated their non- objection to her business; and, she read into the record a letter from Diane Hurst of "The Burger Bus." Discussion followed in which comments included: • She would be amenable to the requirement the permit would be contingent upon the parking area being on adjacent properly; she was given written permission from the adjacent property owner; her business is by appointment and parking can be controlled. • She has athree-year lease and has received a guarantee from the adjacent property owner that during the lease, permission will continue for use of the property for a parking area. PLANNING & ZONING COMMISSION MEETING DECEMBER 13, 2006 PAGE 4 • She does not expect additional parking needs for her off-site catering business as the food would be prepped in the kitchen and taken elsewhere to be cooked. • She usually has one delivery a week and a delivery door was available. There being no others wishing to speak to the issue, the public hearing was closed. MOTION: Commissioner Fullinck MOVED to approve PZ06-82 and Commissioner Wells SECONDED the motion. Commissioner comments included: • The business would fit into the area without causing problems with existing uses. • A document was on file from the owner of the adjacent property owner related to use of the property for parking and snow storage. • With public parking at 509 Overland, there should be sufficient parking available. MOTION TO AMEND: Commissioner Lewis MOVED to amend by including the recommendations listed in the report provided by city administration. Commissioner Jenckes SECONDED the motion. VOTE ON AMENDMENT: There were no objections. SO ORDERED. VOTE ON MAIN AMENDED MOTION: There were no objections. SO ORDERED. Kebschull noted all decisions of the Commission were subject to appeal; appeals must be submitted within 15 days from the action; and, appeals are required to be in writing on city forms and submitted to the City Clerk. ITEM 6: OLD BUSINESS 6-a. PZ06-74 - An application for a variance for minimum lot size for the property described as Lot lA, Block 6, Redoubt Terrace Bluff View Addition (portion of SOl Wl/2 of Sec 6 & NE1/4 of Sec 1 All Lying North of Cook Inlet & Excluding All Redoubt Terrace Subs), Kenai, Alaska. Application submitted by F. DeWayne Craig, P.O. Box 1613, Kenai, Alaska. (Postponed from November 13, 2006 meeting.) PLANNING & ZONING COMMISSION MEETING DECEMBER 13, 2006 PAGE 5 Kebschuil explained, the public hearing on PZ06-74 had been postponed from the Commission's November meeting and noted the two letters submitted by Bob Friend and Susan Anderson written in opposition to the variance request (added to the packet at the beginning of the meeting). Kebschuil reviewed the staff report included in the packet, and noted the parcel was below the minimum lot size required for the Conservation Zone; the plat to subdivide the parcel from a larger parcel was filed as the result of a legal action; because the applicant did not have the opportunity to create a larger lot, staff felt it met the criteria for a variance; there is an issue with access to the lot and it was recommended access must be provided either by dedicating an extension of the South Forest Drive right-of- way or recording an access easement for the parcel; if the variance is not approved, the applicant could attach the property to Lot 1, which would require a code amendment; and, a copy of the Borough Planning Commission comments were also included in the packet as well as comments from individuals from the November public hearing. The floor was opened for public hearing. Susan Anderson, P.O. Box 1093, Sterling, Alaska -- Read the statement previously submitted (and added to the packet at the beginning of the meeting) into the record which noted her opposition to approval of the variance. She also reported she had made a formal request to the applicant to remove his application. Discussion followed which included the following: • Anderson was aware of the status of the underlying property (Lot I , Block 6) and noted, the Borough records indicated the Craig's as the owners. • The structures on the lot are condominiums (Bluff View Condominiums). • The adverse possession lawsuit between Craig/Loftstedt came up on the title report when she was in the process of buying her condominium; the report noted the lawsuit referred to the front Conservation-zoned lot; Craig commented he was acquiring the lot so nothing would be able to be built in front of the condominiums. • It would be a legal question to learn if the structures were a part of the condominium complex and if the property would be in common ownership by the condominium owners. • Anderson found, on borough records, the property lying under the condominium complex owned by the Craig's and not the condominium association name. • Her major concern is the subject property would be platted as a separate piece, sell it, and the possibility something could be built in front of the condominiums. • She was told by another condo owner, in a recent telephone conversation, Craig indicated his intention to build on the subject property himself. PLANNING & ZONING COMMISSION MEETING DECEMBER 13, 2006 PAGE 6 • She opposes the granting of the variance to create a lot smaller. than the minimum size; the court stated it should be one lot, not make it a separate lot; and, the lot should not violate city lot size limits. Bob Friend, 406 South Forest Drive, #I, Kenai -- Friend introduced himself as the President of the Bluff View Condo Association. Friend indicated there were five units; he bought his condominium more than a year ago; the court had made its declaration long before he bought his unit; he was told only that the property was zoned Conservation; he would find it difficult to believe the Commission would go against a court order; the 90-day issue does not hold water; Craig knew about the issue for several years; and, Craig sold the five condominium units. • As president of the Association, he was not familiar with the Horizontal Regimes Act (related to jointly and separately-owned property on single tracts); and, he thought the Association owned the land beneath the complex as a unit, but knows now it is not. Barbara Smith, Kenai -- Smith reported she owns a condominium in Bluff View Condominium complex at 406 South Forest Drive; she is a member of the Bluff View Homeowners Association; she stated her support and complete agreement with the statements of objection presented by Friend on behalf of the Association and Anderson; any change made to the property would negatively impact the complex property, the adjacent homeowners' property on the bluff and, and the stabilization of the bluff property itself. Heather Petro, Kenai -- Petro stated she was opposed to the variance; she bought her condominium for the view and did not think anyone could build in front; and, she agreed with what Friend and Anderson stated in their letters. There being no one else wishing to speak to the issue, the public hearing was closed. MOTION: Commissioner Jenckes MOVED to approve PZ06-74 and Commissioner Fulhnek SECONDED the motion. Commission discussion followed with comments including: • Action on the variance and plat would be two separate actions. • If the variance is approved, the applicant could file the final plat and the property would remain zoned Conservation. To develop the property as allowed by the Land Use Table would require a conditional use permit. • The Borough recommendation stated either the plat would need to be made a part of the adjacent parcel or access would have to be dedicated. • Before combining the two pieces of property, a rezone of the Conservation zoned property would have to take place. • Whether the underlying complex property should be owned in common with the Association was a legal question; the city attorney reviewed the court order PLANNING & ZONING COMMISSION MEETING DECEMBER 13, 2006 PAGE 7 and indicated the court did not have authority to bind the city because the city is not a part of the lawsuit. • This is the only lot in the subdivision that would meet the below- minimum lot size zoned Conservation. The majority of lots in the subdivision are zoned Suburban Residential. Bryson stated he did not feel the proposed variance met the conditions listed in Item 2 of the staff report; it was directly represented in the court order the subject property is to become part of the larger tract; if the subject property is not a part of the larger tract, it was a situation caused by the applicant's attempt to create a separate parcel; and, he would oppose the variance request. Jenekes stated he agreed with Bryson, the condominium owners, the impact that could occur to the condominium owners; the valuation of their property based on what may transpire with the subject property, including the access issues, the character and nature of the area, bluff concerns; and, would oppose the issuance of the variance. Wells stated he agreed with Jenekes and Bryson and would oppose the issuance of the variance. He noted, he believed if the variance would be granted, it would go against the court order (knowing the order was not binding to the city), and, felt there were compelling arguments of the residents there could be devaluation to their property. Lewis noted, a vote in favor of the issuance of the variance would not change any usage or zone of the property; he has serious concerns with the request, including the access; this Commission action would not give the applicant the ability to build on the property, automatically combine the subject lot with the adjacent lot or zoning; and, would go against the court order. It was noted, the applicant could gain access to the property from the adjacent lot; acquire an easement from Loftstedt/Near group, or acquire aright-of-way from the Loftstedt/Near group. VOTE: Jenekes No Romain Absent Bryson No i Lewis No Wells No Fullinek ~ No Twait No _ MOTION FAILED UNANIMOUSLY. Bryson noted the appeal process and that appeals would need to be received in writing by the City Clerk within 15 days of the action. BREAK TAKEN: 8:06 P.M. BACK TO ORDER: 8:13 P.M. PLANNING & ZONING COMMISSION MEETING DECEMBER 13, 2006 PAGE 8 6-b. Discussion -- Proposed Rezone of Angler Acres area. Kebschull reported property owners of Angler Acres and South Ames Road were sent infonnation and asked if they were interested in a rezone of their areas; responses from Angler Acres were generally in support of a rezone, however Ames Road residents were against any rezone; and, Kebschull requested direction as to whether to bring the rezone forward or close the file. A brief discussion followed and comments included: • Consideration of a rezone should be closed until a petition is received from the property owners. • With a large amount of the lots in Anglers Acres possessing condition use permits, it seemed like the area is incorrectly zoned. There are no limits to the amount of conditional use permits allowed in an area. MOTION: Cormnissioner Twait MOVED to proceed with a rezone of Anglers Acres and Comnussioner Jenckes SECONDED the motion. VOTE: Jenckes No Romain Absent Bryson No , Lewis No Wells No Fullinck ~ No Twait No MOTION FAILED UNAN%MOUSLY. ITEM 7: NEW BUSINESS 7-a. PZ06-81 - An application for a home occupation for a daycare for the property known as 2620 VIP Drive (Lot 10, Block 2, VIP Ranch Estates), Kenai, Alaska. Application submitted by LaRae Selfridge dba Happy Hearts Child Care, 2620 VIP Drive, Kenai, Alaska. Approved by consent agenda. 7-b. PZ06-84 (PZOl-11) -Transfer of Conditional Use Permit- Hotel (Short- term Recreational Rentals) from Bryan Lowe, Hi-Lo Charters to Hal Westbrook, Member of Blue Heron Land Company, LLC for the property known as Lot 1, Block 2, Angler Acres Subdivision No. 1 (1230 Angler Drive), Kenai. Application submitted by Hal Westbrook, Member, Blue Heron Land Company, LLC, 560 Curry Road, Roseburg, Oregon. PLANNING & ZONING COMMISSION MEETING DECEMBER 13, 2006 PAGE 9 Kebschull reviewed the staff report included in the packet and the floor was opened to public hearing. There being no one wishing to comment on PZ06-84, the public hearing was closed. MOT%ON: Commissioner Jenckes MOVED for the approval of PZ06-84 and Commissioner Wells SECONDED the motion. VOTE: There were no objections. SO ORDERED. 7-c. PZ06-85 (PZ05-26) -Transfer of Conditional Use Permit--Hotel, Guide, & Boat Parking from Bryan Lowe, Hi-Lo Charters to Hal Westbrook, Member of Blue Heron Land Company, LLC for the property known as Lot 6, Angler Acres Subdivision Part 3 (1105 Angler Drive), Kenai. Application submitted by Hal Westbrook, Member, Blue Heron Land Company, LLC, 560 Curry Road, Roseburg, Oregon. Kebschull reviewed the staff report information included in the packet and the floor was opened to public hearing. There being no one wishing to comment on PZ06-85, the public hearing was closed. MOTYON: Commissioner Wells MOVED for the approval of PZ06-85, the transfer of a conditional use permit and CoTnrnissioner Fullinck SECONDED the motion. VOTE: There were no objections. SO ORDERED. 7-d. Discussion -- Ordinance No. 2200-2006 -Repealing the Existing Title 22 of the Kenai Municipal Code and Replacing it With a New Title 22 Entitled, "General Fund Lands." Kebschull reported council requested the Commission to review the proposed changes to Title 22, which would replace the existing Title 22 related to General Fund Lands. Council Member Ross noted KMC 22.05.040(c) would affect the Commission. He noted, the wording included a change from "will" to "may" related to lease proposal processes because the Commission would be advisory and the "will" wording would have conflicted with city code. The Commission took no action. PLANNING & ZONING COMMISSION MEETING DECEMBER 13, 2006 PAGE 10 7-e. Discussion -- Code Amendment/KMC 14.20.250 -- Off-Street Parking and Loading Requirements. Kebschull reported a public hearing was planned to be scheduled for January 10 related to code amendments to KMC 14.20.250. The amendment would clarify and update the existing code. Commission stated no objections to the scheduling of the public hearing. 7-f. Discussion -- Code Amendment/KMC 14.25 -- Landscaping/Site Plan Regulalions. Kebschull reported a public hearing was planned to be scheduled for January 10 related to code amendments to KMC 14.25 and if the amendments are approved, would require development of residential property consisting of four or more family dwellings to be required to fulfill landscaping requirements of KMC 14.25. Cormnission stated no objections to the scheduling of the public hearing. YTEM S: PENDING ITEMS -- None. ITEM 9: REPORTS 9-a. City Council -- Council Member Ross reviewed the action agenda of the November 21, 2006 City Council meeting and noted the ordinance brought forward related to requiring four-stroke engines only on the Kenai River from below the Warren Ames Bridge. He noted the issue was brought forward to initiate discussion and keep the city at the table. 9-b. Borough Planning -- Bryson reported the minutes of the last meeting were included in the packet. 9-c. Administration -- Kebschull reported she planned to schedule a work session to identify an area to be considered for the mixed use zone. Commission had no objections. ITEM 10: PERSONS PRESENT NOT SCHEDULED -- None. ITEM 11: INFORMATION YTEMS 11-a. "Zoning Bulletin' (11/10/06 & 11/25/06) ITEM 12: COMMISSION COMMENTS & QUESTIONS Wells -- No comments. Fullinek -- No comments. Twait -- Reported he would be absent from the January 10, 2007 meeting. Jenekes -- Wished all happy holidays. PLANNING & ZONING COMMISSION MEETING DECEMBER 13, 2006 PAGE 11 Lewis -- No comments. YTEM 13: ADJOURNMENT MOTION: Conunissioner Fullinck MOVED to adjourn and Commissioner Lewis SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Cornmission, the meeting was adjourned at approximately 8:45 p.m. Minutes prepared and submitted by: Caros~~~/~-a~`,r£~ PLANNING & 7.ONING COMMISSION MEETING DECEMBER 13, 2006 PAGE 12 Imagine driving down Willow Street with a raw of Canadian Cherry trf the sides of the road. Kenai has a plan to make this Kapp we need financial assistance to pur the trees! Canadian Cherry trees h been chosen as they grow fast, are ful, relatively moose resistant and ~ highly recommended by local nurs The city of Kenai is working hard to impro~ appearance of our business district. As a pi project, this winter Willow Street has been. chosen to remove the snow from the sidesc road. This should greatly help with custorr visibility. We are asking the businesses on Willow Street to he' purchase the trees. They will be ordered this winter and planted in early spring. Cost per tree is $250. if you would like more information, please contact: Mayor Pat Porter 252-5992 ~~s, I went to be ~ p~r°t ®f talantin~ 'Tres on iilovv! Please make check ®ut to pity of Kenai. I~Tumher ®f gees @ $250.00 ea. _~ Deadifne for orderin~o 1Vl~rch 1, 2007 `°Vi~~a~e wit~i a Past, Gc°~ wit~i c. 210 Fidalgo Avenue, Kenai, Alaska 9961'.-, , ~4 Telephone: (907) 283-7535 /Fax: (907) 283-3014 www.ci.kenai.ak.us MEM®1\1-,lr ~ U M TO: Mayor Porter and Councilors FROM:~'~Z6 Cary R. Graves, City Attorney DATE: December 29, 2006 RE: Airport Leases As part of the airport land code revisions, the Administration bas re-drafted the leases for airport reserve and non-reserve lands. Because of the differences in the code provisions for reserve and non-reserve land, separate lease forms are needed. When finalised, the lease forms will be approved by a Council resolution. I have attached drafts of the two forms. Please let me know if you have any comments or questions. Attachments LEASE OF AIRPORT LANDS (Outside the Kenai Municipal Airport Reserve) THIS AGREEMENT, entered into this day of , 200_, by and between the CITY OF KENAI, 210 Fidalgo Avenue, Kenai, Alaska 99611-7794, ahome-rule municipal corporation of Alaska, hereinafter called "City," and ,individually, whose address is ,hereinafter called "Lessee". That the City, in consideration of the payments of the rents and performance of all the covenants herein contained by the Lessee, does hereby demise and lease to the Lessee the following described properly in the Kenai Recording District, Third Judicial District, State of Alaska; to wit: Lot ,Block ,according to Plat No. A. PURPOSE: The purpose for which the Lease is issued is: B. TERM: The term of this Lease is for _ years, commencing on the _ day of , 200_ to the _day of June, C. RENTAL PAYMENT: Subject to the terms of General Covenant No. 9 of this Lease, rental for the above-described land shall be payable as follows: The annual rental rate shall be 8% of the fair market value (as set forth and defined in General Covenant No. 9) of the demised premises. The rental effective 200_, shall be $ per year, plus applicable sales tax, based on a value of $ , subject to redetermination pursuant to General Covenant No. 9. 2. Annual rent for the fiscal year beginning July 1 and ending June 30 shall be payable in advance on or before the first day of July of each year. If the annual rent exceeds $2,400, then the Lessee may opt at the time of the execution hereof or at the beginning of each new Lease year to pay rent in equal monthly installments, payable in advance on or before the first day of July and on or before the first of each month thereafter. 3. Rental for angperiod that is less than one (1) year shall be prorated based on the rate of the last full year. LEASE OF KENAI AIRPORT LANDS Lessor: _ OUTSIDE THE AIRPORT RESERVE - Page I of 17 Lessee: 4. 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 Lessee. (b) Sales tax now enforced or levied in the future computed upon rent payable in monthly installments whether rent is paid on a monthly or yearly basis. (c) Lessee agrees to pay all taxes and assessments levied in the future by the City of Kenai, as if Lessee was considered the legal owner of record of the leased property. (d) Interest at the rate of eight percent (8%} per annum and ten percent (10%} penalties of any amount of money owed under this Lease which is not paid on or before the date it becomes due. (e) Repayment of for City constructed improvements pursuant to KMC 21.15.130. Repayment shall be made in yearly payments of plus 8% interest owing on the unpaid balance. The lessee may pay the entire remaining balance earlier than due. D. GENERAL COVENANTS: 1. USES: Except as provided herein, any regular use of lands or facilities without the written consent of the City is prohibited. This prohibition shall not apply to use of areas designated by the City for specified public uses, such as passenger terminals, automobile parking areas, and streets. 2. USES NOT CONTEMPLATED PROHIBITED: The promotion or operation of any part or kind of business or commercial enterprise, other than as specifically set forth herein, upon, in or above airport lands, without the written consent of the City is prohibited. 3. ASSIGNMENT OR SUBLETTING: Lessee with City's prior written consent, which will not be unreasonably denied, may assign, in whole or in part, its rights as Lessee hereunder. Any assignee of part or all of the leased premises shall assume the duties and obligations of the Lessee as to such part or all of the leased premises. No such assignment, however, will discharge Lessee from its duties and obligations hereunder. 4. COSTS AND EXPENSES: Costs and expenses incident to this lease, including but not limited to recording costs, shall be paid by Lessee. LEASE OF KENAI AIRPORT LANDS Lessor: OUTSIDE TAE AIRPORT RESERVF, -Page 2 of 17 Lessee: 5. TREATMENT OF DEMISE: The Lessee agrees to keep the premises clean and in good order at its own expense, allowing no damage, waste, nor destruction thereof, nor removing any material therefrom, without written permission of the City. At the expiration of the term fixed, or any sooner determination of the Lease, the Lessee will peaceably and quietly quit and surrender the premises to the City. 6. PAYMENT OF RENT: Checks, bank drafts, or postal money orders shall be made payable to the City of Kenai and delivered to the City Administration Building, 210 Fidalgo Avenue, Kenai, Alaska 99611. 7. CONSTRUCTION APPROVAL AND STANDARDS: Building construction shall be neat and presentable and compatible with its uses and surroundings. Prior to placing of fill material and/or construction of buildings on a leased 'area, the Lessee shall submit a plan of proposed development of property to the City, which shall be approved in writing for all permanent improvements. 8. DEFAULT RIGHT OF ENTRY: Should default be made in the payment of any portion of the rent or fees when due, or in any of the covenants or conditions contained in the Lease or in any regulations now or hereinafter in force, then iu such event the City shall by written notice give Lessee thirty (30) days to cure such default or defaults, after which if the default is not cured, the City may terminate the Lease, reenter and take possession of the premises, and remove all persons therefrom. 9. RENT ESCALATION: In the event this Lease is for a term in excess of five (5) years, the amount of rents or fees specified herein shall be subject to redetermination for increase or decrease based on the percentage rate (set in C.1 above) of fair market value. At each five (5) year interval, the City will have the fair market value determined by a qualified independent appraiser, No increase or decrease in the amount of rents or fees shall be effective, until after thirty (30) days 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 Irnowledge of all the uses to which it is adapted. and for which it is capable of being used." 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. 10. LEASE UTILI7ATION: 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 in substantial conformity with the comprehensive plan. Utilization or development for other than the allowed uses shall constitute a violation of the LEASE OF KENAT AIRPORT LANDS Lessor: OUTSIDE THE AIRPORT RESERVE -Page 3 of 17 Lessee: Lease and subject the Lease to cancellation at any time. Failure to substantially complete the development plan of the land, consistent with the proposed use and terms of the Lease, shall constitute grounds for cancellation. 11. CONDITION OF PREMISES: The premises demised herein are unimproved and are leased on an "as is, where is" basis. 12. UNDERLYING TITLE: The interests transferred, or conveyed by this Lease are subject to any and all of the covenants, terms, or conditions contained in the instruments conveying title or other interests to the City. 13. RIGHT OF INSPECTION: City shall have the right at all reasonable times to enter the premises, or any parC thereof, for the purposes of inspection. 1~1. INDEMNIFICATION AND INSURANCE: Lessee covenants to indemnify, defend, save and hold the City, its elected and appointed officials, agents and employees harmless from all actions, suits, liabilities, or damage, or liability of any nature, kind or character, including costs, expenses and attorney's fees resulting from or arising out of any acts of commission or omission by the Lessee, his agents, employees, customers, invitees, or arising from or out of the Lessee's occupation, or use of the premises demised, or privileges granted, and to pay all costs connected therewith. Lessee, at the expense of Lessee, shall keep in force, during the term of this agreement, insurance issued by responsible insurance companies authorized to do business in Alaska, informs, kinds and amounts as determined and directed by the City for 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 Additional Named Insured thereunder and shall contain a waiver of subrogation against the City. All insurance shall be by a companylcoxporation currently 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. In any event, Lessee is not to commence to exercise any of the rights and privileges granted 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. LEASE OF KENAI AIRPORT LANDS Lessor: OUTSIDE TAE AIRPORT RESERVE -Page 4 of 17 Lessee: No policy of insurance shalt be cancelled or amended with respect to the City without thirty (30) days written notice by registered. or certified mail to City by the insurance company. Until otherwise directed in writing by the City Manager, Lessee shall provide certificates of insurance within thirty (30) days of the date hereof as follows: (a) Commercial General Liability, including all operations, property damage, products and completed operations, and personal injury and death, broad- form contractual, with aper-occurrence limit of not less than $1,060,000 combined single limit. If this lease authorizes the 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 City as an additional insured. (b) Commercial Automobile Coverage with not less than $1,000,000 combined single limit per occurrence. This insurance must cover all owned, hired, and non-owned motor vehicles used by Lessee. (c) Workers Compensation Insurance. The Lessee will provide and maintain, for all employees, coverage as required under AS 23.30.045, and, where applicable, any other statutory obligations. The policy must waive subrogation against the City. Notwithstanding anything to the contrary, if Lessee fails or neglects to secure required insurance or if said policy or policies are terminated, altered, or changed in any marmer not acceptable to the City, 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 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. 15. COLLECTION ON UNPAID MONIES: Any or all rents, charges, fees, or other consideration which are due and unpaid at the expiration of voluntary or involuntary termination or cancellation of this Lease, shall be a charge against the Lessee and Lessee's property, real or personal, and the City shall have such lien rights as are allowed by law. 16. EASEMENT GRANTS RESERVED: City reserves the right to grant and control easements in or above the land leased. No such grant or easement will be made that will unreasonably interfere with the Lessee's use of the land, and Lessee shall have free access and LEASE OF KENAI AIRPORT LANDS Lessor: OUTSIDE THE AIRPORT RESERVE -Page 5 of 17 Lessee: use of any and all parking and loading rights, rights of ingress and egress now or hereafter appertaining to the leased premises. 17. LEASE SUBORDINATE TO FIIv'ANCING REQUIREMENTS: Lessee agrees that City may modify this Lease to meet revised requirements for Federal or State grants, or to conform to the requirements of any revenue bond covenant. However, the modification shall neither act to reduce the rights or privileges granted the Lessee by this Lease, 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 termination of this Lease, surrender and deliver upon the premises into the possession and use of City without fraud or delay in good order, condition, and repair, except for reasonable wear and tear since the last necessary repair, replacement, restoration or renewal, free and clear of all lettings and occupancies unless expressly permitted by the City in writing, and free and clear of all liens and encumbrances other than those created by and for loans to City. Upon the end of the term of this Lease, including any extension or renewal, or any earlier termination thereof, title to the buildings, improvements and building equipment shall automatically vest in City without requirement of any deed, conveyance, or bill of sale thereon. However, if City should require any such document in confirmation hereof, Lessee shall execute, acknowledge, and deliver the same and shall pay any charge, tax, and fee. asserted or imposed by any and all governmental units in connection herewith. Provided, however, that Lessee shall retain title to and remove from the Premises at the Lessor's sole expense, any building, other improvement, or building equipment that the City has determined in writing to the Lessor: 1) has exceed its useful life; 2) is damaged beyond reasonable repair; 3) is a hindrance to the future use of the Premises; and 4) is of negligible value. 19. AIRCRAFT OPERATIONS PROTECTED: (a) There is hereby reserved to the City, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface and all improvements approved by the City of the premises herein conveyed, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft, now or hereafter used for navigation of or flight in the air, using said airspace for landing at, taking off from, or operating on the Kenai Airport. (When the City approves plans for hnprovements 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, that it will not erect nor permit the erection of any structure or object, nor permit the growth of any trees on the land LBASE OF KENAI AIRPORT LADFDS Lessor: _ OUTSIDE THE AIRPORT RESERVE -Page 6 of 17 Lessee: conveyed hereunder, which would be an airport obstruction within the standards established under the Federal Aviation Administration Regulations, Part 77, as amended. In the event the aforesaid covenant is breached, the City reserves the right to enter on the land conveyed hereunder and to remove the offending structure or object, and to cut the offending tree, all of which shall be at the expense of the Lessee or its heirs, successors or assigns. 20. RIGHT TO ENJOYMENT AND PEACEABLE POSSESSION: City hereby agrees and covenants that the Lessee, upon paying rent and performing other covenants, terms, and conditions of this Lease, shall have the right to quietly and peacefully hold, use, occupy, and enjoy the said leased premises, except that any inconvenience caused by public works projects in or about the leasehold premises shall not be construed as a denial of the right of quiet or peaceable possession. 21. LESSEE TO PAY TAXES: Lessee shall pay all lawful taxes and assessments which, during the term hereof may become a lien upon or which may be levied by the State, Borough, City, or any other tax levying body, upon any taxable possessory right which Lessee may have in or to the property by reason of its use or occupancy or the terms of this lease, provided however, that nothing herein contained shall prevent Lessee from contesting any increase in such tax or assessment through procedures outlined in State statutes. 22. SPECIAL SERVICES: Lessee agrees to pay the City a reasonable charge for any special services or facilities not provided for herein if requested by Lessee in writing, and if the City agrees to provide such services or facilities. 23. NO PARTNERSHIP OR JOINT VENTURE CREATED: It is expressly understood that the City 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 landlord and tenant. 24. DEFAULT BANKRUPTCY, ETC.: If the Lessee shall make any assignment for the benefit of creditors or shall be adjudged a bankrupt, or if a receiver is appointed for the Lessee or Lessee's assets, or any interest under this Lease, and if the appointment of the receiver is not vacated within thirty (30) days, or if a voluntary petition is filed under Section 18(a) of the Bankruptcy Act by the Lessee, then and in any event, the City may, upon giving the Lessee thirty (30) days' notice, terminate this lease. 25. NONDISCRIMINATION: The Lessee, for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land, that: LEASE OF KENAI AIRPORT LANDS Lessor: OUTSIDE THE AIRPORT RESERVE -Page 7 of 17 Lessee: _ (a) No person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities; (b) In the construction of any improvements on, over or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation, denied the benefits of, or otherwise be subjected to discrimination; (c) The Lessee shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-assisted Programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended: (d) In the event facilities are constructed, maintained, or otherwise operated on the said property described in this Lease, for a purpose involving the provision of similar services or benefits, the Lessee shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-assisted Programs of the Department of Transportation - Effectuation of Title VL of the Civil Rights Act of 1964, and as said Regulations maybe 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, or parts shall continue in full force and effect as though such declaration was not made. 27. MODIFICATIONS: No lease may be modified orally or in any manner other than by an agreement in writing, signed by all parties in interest or their successors in interest. Any such modification shall require Council approval. 28. WARRANTY: The City does not warrant that the property which is the subject of this Lease is suited for the use authorized herein, and no guarantee is given or implied that it shall be profitable or suitable to employ the property to such use. 29. RIGHT TO ADOPT RULES: City reserves the right to adopt, amend, and enforce reasonable rules and regulations governing the demised premises and the public areas and facilities used in connection therewith. Except in cases of emergency, no rule or regulation hereafter adopted or amended by the City shall become applicable unless Lessee has been given thirty (30) days notice of adoption or amendment thereof. LEASE OF KENAI AIRPORT LANDS Lessor: __ OliTSIDE THE AIRPORT R1<SERVE -Page 8 of 17 Lessee: _ 30. NON-LIABILITY: City shall not be liable to Lessee for any diminution or deprivation of possession, or of Lessee's right hereunder, on account of the exercise of any such right or authority as provided in this or the preceding section, nor shall Lessee be entitled to terminate the whole or any portion of the leasehold estate herein created, by reason of the exercise of such rights or authority, unless the exercise thereof shall so interfere with Lessee's use and occupancy of the leasehold estate as to constitute a termination in whole or in part of this lease by operation of law in accordance with the laws of the State of Alaska and of the United States made applicable to the states. 31. FINANCil~'G: (a) For the purpose of interim or permanent financing or refinancing from time to time of the improvements to be placed upon the leased premises, and for no other purpose, Lessee, after giving written notice thereof to the City, may encumber by mortgage, deed of trust, assignment or other appropriate insh~ument, Lessee's interest in the leased premises and in and to this Lease, provided such encumbrance pertains only to such leasehold interest and does not pertain to or create any interest in City's title to the leased premises. If such mortgage, deed of trust, or assignment shall be held by a bank or other established lending or financial institution (which terms shall include an established insurance company and qualified pension or profit sharing trust) and such institution shall acquire the Lessee's interest in such Lease as a result of a sale under said encumbrance pursuant to a foreclosure or other remedy of the secured party, or through any transfer in lieu of foreclosure, or through settlement of or arising out of any pending or contemplated foreclosure action, such lending institution shall have the privilege of transferring its interest in such Lease to a nominee or a wholly owned subsidiary corporation with the prior consent of the City, provided, however, such transferee shall assume all of the covenants and conditions required to be performed by the Lessee (including payment of any monies owed 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 transfer. 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 further liability under such lease from and after a transfer of such lease. (b) A leasehold mortgagee, beneficiary of a deed of trust or security assignee, shall have and be subrogated to any and all rights of the Lessee with respect to the curing of any default hereunder by Lessee. (c) If the holder of any such mortgage, or the beneficiary of any such deed of trust, or the security assignee shall give the City before any default shall have LEASE OP KENAI AIRPORT LANDS Lessor: OUTSIDE THE AIRPORT RESERVE- Page 9 of 17 Lessee: occurred in the Lease, a written notice containing the name and post office 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 notice of default shall be given by the City to the Lessee, and the City will not thereafter accept any surrender or enter into any modification of this Lease without the prior written consent of the 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 default of the Lessee, either this lease or any extension thereof shall be terminated at the election of the City prior to the stated expiration therefore, the City will enter into a new Lease with the leasehold mortgagee for the remainder of the term, effective as of the date of such termination, at the rent and additional rent rates, and on the terms herein. contained, subject to the following conditions: (1) Such mortgagee, beneficiary or security assignee shall make written request to the City for such new Lease within twenty (20) days after the date of such termination and such ti7itteu request shall be accompanied by a payment to the 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 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. (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 failed to perform such conditions. (e) If a lending institution or its nominee or wholly owned subsidiary 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, nominee, or corporation shall desire to assign this Lease or any new Lease obtained from the City (other than to a nominee or to a wholly owned subsidiary corporation as permitted by the above provisions) to an assignee who will undertake to perform and observe the conditions in such Lease required to be performed by the Lessee, the City shall not unreasonably withhold its consent to such assignment and assumption, and any such lending institution, nominee, or subsidiary shall be relieved of any further LEASE OF KENAI AIRPORT LANDS Lessor: OUTSIDE THE AIRPORT RESERVE- Page 10 of 17 Lessee: _ liability under such Lease from and after such assignment. If the proposed assignor shall assert that the City is unreasonably withholding its consent to any such proposed assignment, such dispute shall be resolved by arbitration. 32. HAZARDOUS MATERIALS AND HAZARDOUS WASTE: City and Lessee agree that each shall cornpIy with all applicable laws and regulations concerning hazardous chemicals and other hazardous materials, and shall properly store, transfer and use all hazardous chemicals and other hazardous materials and not create any environmental hazards on the lands leased herein. Should any hazardous chemicals 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 immediately report such release to the City Manager or other appropriate City official and to any other agency as may be required by law, and Lessee shall, at its own cost, assess, contain and clean up such spilled materials in the most expedient manner allowable by law. City and Lessee agree to hold harmless and indemnify the other from, and to assume all duties, responsibilities 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 with any local, state 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 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. As used herein, "hazardous chemical" means a chemical that is a physical hazard 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 government, 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.P.R. 261, and any other hazardous waste as defined by the federal government, the State of Alaska or City of Kenai. The covenants and obligations described in this article shall survive the termination of this lease. LEASE OF KENAI AIRPORT LANDS Lessor: OUTSIDE THE AIRPORT RESERVE -Page 11 of 17 Lessee: _ 33. COMPLIANCE WITH LAWS: Lessee shall comply with all applicable laws, ordinances, and regulations of public authorities now or hereafter in any manner affecting the leased premises or the sidewalks, alleys, streets, and ways adjacent thereto or any buildings, structures, fixtures and improvements or the use thereof, whether or not any such laws, ordinances, and regulations which may be hereafter enacted involve a change of policy on the patrt of the governmental body enacting the same. Lessee agrees to hold City financially harmless: (a) From the consequences of any violation of such laws, ordinances, and/or regulations; and (b) From all claims for damages on account of injuries, death, or property damage resulting from such violation. (e) Lessee further agrees it will not permit any unlawful occupation, business, or trade to be conducted on said premises or any use to be made thereof contrary to any law, ordinance, or regulation as aforesaid with respect thereto, including zoning ordinances, rules and regulations. 34. CARE OP PREMISES: Lessee, a2 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 fhe entire term of this Lease. 35. SANITATION: 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 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 liens obtainable or available under the then existing laws, to stand against the leased premises or improvements for any labor or material furnished to Lessee or claimed to have been furnished to Lessee or to the Lessee's agents, contractors, or sublessees, in connection with work of any character performed or claimed to have been performed on said premises or improvements by or at the direction or sufferance of Lessee, provided, however, Lessee shall have the right to provide a bond as contemplated by Alaska law and contest the validity or amount of any such lien or claimed lien. On final determination of such lien or such claim for lien, Lessee will immediately pay any judgment rendered with all proper costs and charges and shall have such lien released or judgment satisfied at Lessee's own expense. LEASE OP KENAI AIRPORT LANDS Lessor: OUTSIDE THE AIRPORT RESERVE- Page 12 of 17 Lessee: _ 37. CONDEMNATION: In the event the leased 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 such condemnation, there shall be such division of the proceeds, such abatement in rent payable during the term or any extension of the term hereof, and such other adjushnents as the parties may agree upon as being just and equitable under all the circumstances. If the City and Lessee are unable to agree within thirty (30) days after such an award has been paid into Court, upon what division, annual abatement in rent, and other adjustments are just and equitable, the dispute shall be determined by arbitration. 38. PROTECTION OF SUBTENANTS: To protect the position of any subtenant(s) hereafter properly obtaining any interests in the leasehold estate granted Lessee hereunder, City agrees that in the event of the cancellation, termination, expiration, or surrender of this Lease (the ground lease), the City will accept the Subtenant, its successors and assigns, as its Lessee for a period equal to the full unelapsed portion of the term of the sublease, including any extensions or renewals thereof, not exceeding the term of this Lease, upon the same covenants and conditions therein contained, to the extent that said covenants and conditions are not inconsistent with any of the terms and conditions of this Lease, provided such subtenant shall make full and complete atonement to the City for the balance of the term of such sublease so as to establish direct privity of estate and contract between the City and the subtenantwith the same force and effect as though such sublease was originally made directly between the City and such subtenant; and further provided such subtenant agrees to comply with all the provisions of the ground lease and all the terms of any mortgage, deed. of trust, or security assignment to which such leasehold estate is subject, except the payment of rent under the ground lease and the payment of any debt service under any such mortgage, deed of trust, or security assignment. 39. SUCCESSORS IN II~'TEREST: This Lease shall be binding upon and shall inure to the benefit of the respective successors and assigns of the parties hereto, subject to such specific limitations on assignment as are provided for herein. 40. GOVERNING LAW: This indenture of Lease shall be governed in all respects by the laws of the State of Alaska. 41. NOTICES: (a) Any notices required by this Lease shall be in writing and shall be deemed to be duly given only if delivered personally or mailed by certified or registered mail in a prepaid envelope addressed to the parties at the address set forth in the opening paragraph of this lease unless such address has been changed pursuant to sub-paragraph (b) hereafter, and in that case shall to the most recent address so changed. Any notice so mailed shall be deemed delivered on the date it is deposited in a U.S. general or branch post office. LEASE OF KENAI AIRPORT LANDS Lessor: OUTSIDE THE AIRPORT RESERVE-Page ]3 of 17 Lessee: The City shall also mail a copy of any notice given to the Lessee, by registered or certified mail, to any leasehold lender (mortgagee, beneficiary of a deed of trust, security assignee) who shall have given the City notice of such mortgage, deed of trust, or security assignment. (b) Any such addresses may be changed by an appropriate notice in writing to all other parties affected provided such change of address is given to the other parties by the means outlined in paragraph (a) above at least fifteen (15) days prior to the giving of the particular notice in issue. 42. RIGHTS OF MORTGAGEE OR LIEN HOLDER: In the event of cancellation or forfeiture of a lease for cause, the holder of a property recorded mortgage, deed of trust, conditional assignment or collateral assignment will have the option to acquire the Lease for the unexpired Term thereof, subject to the terms and conditions as in the original lease. 43. ENTRY AND RE-ENTRY: In the event that the Lease should be terminated as hereinbefore provided, or by surmnary proceedings or otherwise, or in the event that the demised lands or any part thereof should be abandoned by the Lessee during said term, the Lessor or its agents, servants, or representatives may, immediately or any time thereafter, re-enter, and resume possession of said lands or such part thereof, and remove all persons and property therefrom, either by summary proceedings or by a suitable action or proceeding at law without being liable for any damages therefore. No re-entry by the Lessor shall be deemed an acceptance of a surrender of the Lease. 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 WAIVER: The receipt of rent by the Lessor with knowledge of any breach of the Lease by the Lessee, or any default on the part of the Lessee inobservance or performance of any of the conditions or covenants of the Lease shall not be deemed to be a waiver of any provisions of the Lease. No failure on the part of the Lessor to enforce any covenant or provision therein contained, nor any waiver of any right thereunder by the Lessor, unless in writing, shall discharge or invalidate such covenants or provisions, or affect the right of the Lessor to enforce the same in the event of any subsequent breach or default. The receipt, by the Lessor, of any rent or any other sum of money after the termination, in any manner, of the term therein demised, or after the giving of the Lessor of any notice thereunder to effect such termination, shall not reinstate, continue, or extend the resultant term therein demised, or destroy, or in any manner impair the efficacy of any such notice of termination as may have been given thereunder by the Lessor to the Lessee prior to the receipt of any such sum of money or other consideration, unless so agreed to in writing and signed by the Lessor. LEASE OF KENAI AIRPORT LANDS Lessor: _ OUTSIDE THE AIRPORT RESERVE -Page 14 of I7 Lessee: 46. BUILDING AND 70NING CODES: Leased lands shall be utilized in accordance with the building and zoning ordinances and rules and regulations of said authority. Failure to do so shall constitute default. 47. FIRE PROTECTION: The Lessee will take all reasonable precautions to prevent, and take all necessary action to suppress destructive or uncontrolled fires and comply with all laws, regulations, and rules promulgated and enforced by the City for fire protection within the area wherein the leased premises are located. 48. PERSONAL USE OF MATERIALS: All coal, oil, gas and other minerals and all deposits of stone or gravel valuable for extraction or utilization are excepted from The operation of a surface Lease. Specifically, the Lessee of the surface rights shall not sell or remove for use elsewhere any timber, stone, gravel, peat moss, topsoil 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. MUTUAL CANCELLATION: Leases in good standing may be cancelled in whole or in part at any time upon mutual written agreement by Lessee and the City Council. 50. UNLAWFUL USE PROHIBITED: Lessee shall not allow the leasehold premises to be used for an unlawful purpose. 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. 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 as detailed in the development schedule that has been incorporated into the lease agreement. The decision whether or not to sell the property rests within the sole discretion of the City. 53. NOTICE OF 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 property. Lessee agrees to assist in the posting of a notice ofnon-responsibility and maintenance of the notice upon the property during construction. Lessee agrees that in the event of the Lessee's failure to notify the City as provided above, Lessee shall indemnify the City against any materialmen's liens as defined in AS 34.35.050 which arise as a result of construction upon the premises. LEASE OF KENAI AIRPORT LANDS Lessor: _ OUTSIDE THE AIRPORT RESERVE-Pane IS of 17 Lessee: _ IN WITNESS WHEREOF, the parties hereto have hereunto set their hands, the day and year stated in the individual acknowledgments below. LESSOR: CITY OF KENAI By: Rick R. Koch City Manager LESSEE: By (If Lessee is a Corporation) ATTEST: Name Title STATE OF ALASKA ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this _ day of , 200_, Name: ,Title: , of being personally known to me or having produced satisfactory evidence of identification, appeared before me and aclmowledged the voluntary and authorized execution of the foregoing instrument on behalf of said corporation. Notary Public fox Alaska My Commission Expires: LEASE OF KENAI AIRPORT LANDS Lessor: OUTSIDE THE AIRPORT RESERVE -Page 16 of 17 Lessee: _ STATE OF ALASKA ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 200_, RICK R. KOCH, City Manager of the City of Kenai, Alaska, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said City. Notary Public for Alaska My Commission Expires: Approved as to lease form by City Attorney: Approved by Finance Director: Lease approved by Counci] on Carol Freas, City Clerk U:\My Documents\Airport\LEASE FORM for Airport Lands Outside Che Airport Reserve.doc LEASE OF KENAI AIRPORT LANDS Lessor: OUTSIDE THE AIRPORT RESERVE -Page 17 of 17 Lessee: KENAI MUNICIPAL AIRPORT LEASE OF AIRPORT RESERVE LANDS THIS LEASE AGREEMENT entered into this day of , 200_, by and between the CITY OF KENAI, 210 Fidaigo Avenue, Kenai, Alaska 99611-7794, and individually, whose address is ("Lessee"). DEFINITIONS For the purposes of this Lease the following terms are defined as follows: 1. Airport -the Kenai Municipal Airport, including all the runways, taxiways, aprons, water lanes, water taxiways, and all City-owned real estate located within the boundaries of the Airport Reserve as defined in KMC 21.05.010-020. 2. Airport Manager -the official to whom the City Manager of the City has delegated the authority and responsibility of managing and directing the activities of the Airport. "Airport Manager" includes that person's authorized representative. 3. City -the City of Kenai, Alaska, a home rule municipal corporation of Alaska. 4. City Manager -the official to whom the Kenai City Council has delegated the responsibility of managing and directing all activities of the City. Contamination -the unpermitted presence of any released Hazardous Substance. 6. Environmental Law -any applicable federal; state, or local statute, law, regulation, ordinance, code, permit, order, decision, judgment of any governmental entity relating to environmental matters, including littering and dumping. FAA -the abbreviation for the Federal Aviation Administration. 8. Hazardous Substance -any substance that is defined under an Environmental Law as hazardous waste, Hazardous Substance, hazardous material, toxic, pollutant, contaminant, petroleum, petroleum product, or oil. 9. KMC -the abbreviation for the Kenai Municipal Code. 10. Permanent Improvement - a fixed addition or change to land that is not temporary or portable, including a building, building addition, gravel fill, paving, retaining wall, storage tank, and well. LEASE OF AIRPORT LANDS City: Page ] of 29 Lessee: ARTICLE I PREMISES LEASED a. PREMISES: In consideration of Lessee's payment of the rents and performance of all the covenants of this Lease, the City leases to the Lessee, and the Lessee leases from the City, the following described property ("Premises") in the Kenai Recording District, Third Judicial District, State of Alaska and located on the Airport; to wit: b. NO WARRANTY: Except as may be provided in this Lease, the City makes no specific warranties, expressed or implied, concerning the condition of the Premises including, survey, soils, wetlands, access, and suitability or profitability for any use including those authorized by this Lease, its environmental condition, or the presence or absence of Hazardous Substances in, on. and under the surface. The Lessee takes the Premises on an "as is" basis and without warranty, subject to any and all of the covenants, terms, and conditions affecting the City's title to the Premises. ARTICLE II RIGHTS AND USES a. AUTHORI7ED USES 1. USE OF PREMISES: The City authorizes the Lessee to use the Premises for the following purposes only: 2. CONTINUOUS OPERATIONS: Unless the City approves otherwise in writing, the Lessee will operate its business on the Premises on a continuous basis, uninterrupted by any period of closure over 15 consecutive days or 30 aggregate days within any 12-month period of the term of this lease. The Lessee will give the City written notice before closing the Lessee's business on the Premises for more than 10 consecutive days. The notice must state the reason for the closure and the date on which the Lessee will re-open for business. This provision does not apply to any period during which the Lessee is unable to operate its business as a resuh of an act or directive of the City, or as a result of a closure of the Airport or loss of the Lessee's buildings on the Premises due to fire or natural disaster. b. RIGHTS RESERVED TO THE CITY. 1. RIGHT TO GRANT TO OTHERS: The City reserves the right to grant to others any rights and privileges not specifically granted to the Lessee on an exclusive basis. The rights and privileges granted to the Lessee in this Lease are the only rights and privileges 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 way through, on, or above the Premises. The LEASE OP AIRPORT LANDS City: Page 2 of 29 Lessee: - City will not grant or reserve any easement or right of way that unreasonably interferes with the Lessee's authorized uses of the Premises. 3. INGRESS, EGRESS AND INSPECTION: The City reserves the right of ingress to and egress from the Premises and the right to enter any parC of the Premises, including buildings, for the purpose of inspection or environmental testing at any time. Except in the case of an emergency, all inspections and environmental testing will be coordinated with the Lessee to minimize interference with the Lessee's authorized uses of the Premises. 4. RIGHT OF FLIGHT: There is hereby reserved to the City, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the Premises. This public right of flight will include the right to cause in the airspace any noise inherent in the operation of any aircraft used for navigation or flight through the airspace or landing at, taking off from, or operation on the Airport. a PROHIBITED USES Unless specifically authorized by this Lease or an amendment to this Lease, the following are prohibited: 1. Any use of the Premises other than those authorized in this Lease. 2. Any use of the Premises that is in violation of a City Ordinance or an Airport regulation. 3. The outside storage on the Premises of junk, salvage aircraft or vehicle puts, non-operational support equipment, unused or damaged equipment or material, or solid waste or debris. 4. The disposal on the Premises or the Airport of waste materials generated by the Lessee, including any Hazardous Substance, slash, overburden, and construction waste. 5. The stripping, wasting, or removing any material from the Premises without the prior written approval of the City. 6. Erecting structures or allowing growth of natural objects that would constitute an obstruction 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 Airport. LEASE OF AIRPORT LANDS City: Page 3 of29 Lessee: Any use or activity that is prohibited by applicable law or regulation. ARTICLE III TERM & HOLDOVER a. TERM: The term of this Lease is for _ years, from the _ day of , 200 to the _day of , 200_ b. HOLDOVER: If the Lessee holds over and remains in possession of the Premises after the expiration, cancellation or termination of this Lease, the holding over will not operate as an extension of the term of this Lease, but only creates amonth-to-month tenancy, regardless of any rent payments accepted by the C1ty. The Lessee's obligations for performance under this Lease will continue during the month-to-month tenancy. The City or Lessee may terminate the Lessee's holdover with ten (10) days' advance written notice. ARTICLE IV RENTS AND FEES a. RENT: The rent for the Premises is $ per year, as established by the City pursuant KMC 21.10.100 and as subject to adjustment under Article V of this Lease, plus applicable sales tax. The rent shall be payable annually in advance of the first day of each year of the term of this Lease. All payments required by this Lease must be made in U.S. dollars. If the annual rent exceeds $2,400, the Lessee may, upon written notice to the City, choose to pay the rent in equal monthly installments, payable in advance on or before the anniversary date of the term of this Lease and thereafter at monthly intervals. No conversion of the payment schedule from annual to monthly shall result in the City receiving less rent than it would have received had the conversion not taken place. b. RENT PRORATED: Rental for any period less than one (1) year shall be prorated on the basis of the rent payable under this Lease in last full year previous to the prorating. c. ADDITIONAL RENT: In addition to the rent specified in (a) of this Article, Lessee agrees to pay to the appropriate parties all levies, assessments, and charges as follows: (1) Taxes pertaining to the leasehold interest of the Lessee. (2) Sales 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 amrual basis. (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 checks, bank drafts, or postal money orders LEASE OP AIRPORT LANDS City: Page 4 of 29 Lessee: payable to the City of Kenai and deliver payments to City of Kenai, Finance Department, 210 Fidalgo Avenue, Suit 200, Kenai, Alaska 99611-7794 or any other address the City may designate in writing to the Lessee. e. INTEREST: Beginning the day after payment is due, all unpaid rents, charges, and fees required under this Lease will accrue interest at the rate of eight percent (8.0%) per annum. Interest on disputed amounts will not be charged to the. Lessee if the dispute is resolved in the Lessee's favor. f. LATE PAYMENT PENALTY: In addition to any interest payable under Provision (e) of this Article, each time the Lessee fails to pay any rent or fee by the date required in this Lease, the City will charge, and the Lessee shall pay, an administrative penalty of ten percent (10.0%) of the amount due and unpaid. g. COURTF.,SY BILLINGS: Lessee acknowledges that any billing statement issued by the City is provided only as a courtesy. The Lessee is obligated to pay all rents and fees when due, regardless of whether or not the Lessee receives a billing statement from the City. h. LIEN AGAINST LESSEE: Any rent, charge, fee, or other consideration which is due and unpaid at the expiration, termination, or cancellation of this Lease will be a lien against the Lessee's property, real or personal. i. PAYMENT OF CITY'S COSTS: The Lessee will pay all reasonable actual expenses, costs, and attorney fees City may incur, with or without formal action, to enforce, defend, or protect this Lease or City's rights under this Lease, including any expense incurred with respect to environmental compliance, bankruptcy or any proceeding that involves the Lessee, the Lease, the Premises, or improvements or personal property on the Premises. The Lessee will make payment within 30 days of the date of each notice from City of any amounts payable under this provision. j. PAYMENT FOR SPECIAL SERVICES: Lessee agrees to pay the City a reasonable fee for any special services or facilities the City agrees to perform, which the City is not otherwise obligated by this Lease to provide and which the Lessee requests from the City in writing. ARTICLE V ADJUSTMENT OF RENT AND FEES a. RENT OR FEE ADJUSTMENT: Beginning in 2007 and, thereafter, at intervals of approximately five (5) years, the City shall, in its sole discretion, adjust the rent or a fee payable by the Lessee m7der Article IV or other provision of this lease. The amount to which the City increases or decreases any rent or fee shall be established in accordance with KMC 21.10.100 and 21.10.160. Any rent change by the City shall be based on the fair market value of The Premises in its condition on the term beginning date stated in Article III; plus LEASE OP AIRPORT LANDS City: Page 5 of29 Lessee: 2. Any improvements made by the City subsequent to that date, the cost of which is not reimbursed by the Lessee. No rent or fee change shall be effective until 30 days after the date of the City's written notice to the Lessee. If the Lessee believes that any changed-rent exceeds the fair market rent for the Premises, the Lessee may appeal the rent change to the City under KMC 21.10.160. b. CITY-CONSTRUCTED IMPROVEMENTS: Improvements constructed by the City on, or in connection with, the Premises shall not be considered a part of the Premises for the purpose of establishing the rent under (a) of this Article, if the Lessee, as a condition of this lease, reimburses the City for the City's construction costs pursuant to KMC 21.10.110. ARTICLE VI ASSIGNMENT & SUBLETTING a. INVALID WITHOUT CITY'S CONSENT: The Lessee may not assign, sublet, or grant a security interest in, by grant or implication, the whole or airy part of this Lease, the Premises, or any improvement on the Premises without the written consent of the City. Any proposed assignment, sublease, or security interest must be written and must be submitted to the City bearing the original, notarized signature of all parties. The Lessee may submit unsigned draft documents for the City's conceptual review. However, the City's conceptual approval of a draft document may not be construed as the City's consent to any assignment, sublease, or security interest. All provisions in this Lease extend to and bind the assignees and sublessees of the Lessee. b. NO WAIVER OF CONSENT: The City's consent to one assignment, sublease, or security interest will not waive the requirement for the Lessee to obtain the City's consent to any other assignment, sublease, or security interest. c. ASSIGNEE /LESSEE OBLIGATIONS: An assignment must include a provision stating that the assignee accepts responsibility for all of the assignor's (Lessee's) obligations under this Lease, including environmental liability and responsibility. However, unless the City specifically releases the Lessee in writing, the City may hold the Lessee responsible for performing any obligation under this lease which an assignee fails to perform. d. OCCUPANCY BEFORE CITY CONSENT: An assignee or sublessee may not occupy the Premises before the City consents to the assignment or sublease in writing. e. CONFLICT OF PROVISIONS: In the event of a conflict between this Lease and an assignment or a sublease, the terms of this Lease control. LEASE OF AIRPORT LANDS City: Page 6 of 29 Lessee: f. LESSEE NOT RELIEVED OF OBLIGATIONS: The City's consent to any sublease does not relieve or otherwise alter the Lessee's obligations under this Lease. g. SECURITY ASSIGNMENTS AND FINANCING: L Subject to the requirements of (a) of this Article VI, the Lessee may assign a security interest in this Lease for the purpose of interim or permanent financing or refinancing of the Lessee's improvements on the Premises, and for no other purpose. The security interest may be in the form of a mortgage, deed of trust, assigrunent or other appropriate instrument, provided A. the security interest pertains only to the Lessee's leasehold interest; B. the security interest does not pertain to or create any interest in City's title to the Premises; and C. the documents providing for the security interest are acceptable to the City. 2. If the assignment of a security interest to which the City has consented shall be held by an established lending or financial institution, including a bank, an established insurance company and qualified pensiomor profit sharing trust, and the lending institution acquires the Lessee's interest in this Lease as a result of a foreclosure action or other remedy of the secured party, or through any transfer in lieu of foreclosure, or through settlement of or arising out of any pending or contemplated foreclosure action, the lending institution may transfer its interest in this Lease to a nominee or a wholly owned subsidiary corporation with the prior written consent of the City, provided, the transferee assumes 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). In 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 this Lease consented to by the City shall have, and be subrogated to, any and all rights of the Lessee with respect to the curing of any default of this Lease by Lessee., 4. If, before any default has occurred in the Lease, the holder of a security interest in this Lease consented to by the City gives the City a written notice of the holder's post office address, the City shall thereafter A. by regular U.S. mail, send to the holder a copy of each notice of default at the same time as the City gives notice of default to the Lessee; and LEASE OF AIRPORT LANDS City: Page 7 of 29 Lessee: B, not accept any surrender or enter into any modification of this Lease without the prior written consent of the holder, which the holder shall not unreasonably delay or withhold.. 5. The City will enter into a new lease of the Premises with the holder of a security interest consented to by the City, if the City terminates this Lease prior to its normal expiration due to a default by the Lessee. The new lease shall be for the remainder of the term of this Lease and shall be effective as of the termination of this Lease. The City's grant of the new lease shall be subject to the following conditions: A. The new lease shall be effective on the date this Lease is terminated; B. The new lease shall be for the same rent, additional rent, and covenants as this Lease; C. By no later than the twentieth (20"') day following the termination of this Lease, the security holder must submit a written request to the City for the new lease, together with payment of all rent, additional rent and other sums then due to the City under this Lease. D. The security holder shall pay to the City, at the time of the execution and delivery of such new lease any and all 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. E. The security holder shall, on or before the execution of the new lease, 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 consented to by the City that takes possession of this Lease or enters into a new lease 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 financially capable and otherwise qualified to undertake to perform and observe the conditions of this Lease or the new lease and the City consents to the assignment. The City's consent will not be um~easonably withheld: If the security holder asserts that the City is unreasonably withholding its consent to a proposed assignment, the dispute shall be resolved by arbitration. LEASE OF AIRPORT LANDS City: Page 8 of29 Lessee: ARTICLE VII MAINTENANCE, SNOW REMOVAL & UTILITIES a. MAINTENANCE I. At no cost to the City, the Lessee will keep the Premises and all improvements on the Premises clean, neat and presentable, as reasonably determined by the City. 2. At no cost to the City, the Lessee will provide for all maintenance and services at the Premises as may be necessary to facilitate the Lessee's compliance with this Lease and the Lessee's use of the Premises. 3. The Lessee shall comply with all regulations or ordinances of the City that are promulgated for the promotion of sanitation: At no cost to the City, the Lessee shall keep the Premises in a clean and sanitary condition, and control activities on the Premises to prevent the pollution of water. 4. The Lessee agrees to comply with all decisions and directions of the City's Airport Manager regarding maintenance and operation of the Airport, and the use of the Airport by the Lessee. UTILITIES Unless specifically provided otherwise in this Lease, the Lessee shall, at no cost to the City, provide for all utilities at the Premises necessary to facilitate the Lessee's use of the Premises. c. SNOW REMOVAL 1. At no cost to the City, the Lessee is responsible for snow removal on the Premises. The Lessee shall dispose of snow in an off-Premises location approved in writing by the City or provide suitable snow storage within the boundaries of the Premises in accordance with all applicable federal and state laws. At the request of the Airport Manager, the Lessee shall submit a snow removal plan for the Premises to the Manager for review. Upon approval of the Lessee's plan by the Airport Manager, the Lessee shall conduct all snow removal operations on the Premises in accordance with the approved plan. 2. Lessee shall not deposit snow on an apron, taxiway, safety area, or other aircraft- maneuvering surface provided for common use by others without the prior written approval of the Airport Manager. 3. Lessee agrees to not allow an accumulation of snow on the Premises that would cause interference with adjoining leaseholders or other users of the Airport. LEASE OF AIRPORT LANDS City; Page 9 of 29 Lessee: __ ARTICLE VIII OPERATIONS a. OPERATIONS ON THE AIRPORT: The Lessee will ensure that the Lessee, its employees, guests, contractors, sublessees, and vendors that perform any activity or function authorized under this Lease shall do so in a manner that ensures the safety of people, the protection of public health and the environment, and the safety and integrity of the Airport and the Premises. b. LESSEE'S CONTROL AND RESPONSIBILITY 1. The Lessee will assume full control and sole responsibility as between Lessee and City for the activities of the Lessee, the Lessee's personnel and employees, and anyone else acting by, on behalf of, or under the authority of the Lessee on the Airport, including the Premises. 2. The Lessee will immediately notify the City of any condition, problem, malfunction or other occurrence that threatens the safety of people or the Airport, harm to public health or the environment, or the safety or integrity of the Premises. a RADIO INTERFERENCE: The Lessee will discontinue the use of any machine or device that interferes with any government-operated transmitter, receiver, or navigation aid until the cause of the interference is eliminated. d. WILDLIFE: The Lessee acknowledges that a concentration of birds or other wildlife on an airport constitutes a significant hazard to aircraft operations. The Lessee agrees to keep the Premises clean of fish slime, fish waste, or any other material that might attract birds or other wildlife. The Lessee accepts full responsibility to maintain the Premises, control operations, and take all reasonable measures to prevent a concentration of birds or other wildlife on the Premises. e. PARKING: The Lessee will provide adequate vehicle, equipment, and aircraft parking space on the Premises for Lessee's business or activities, or confine parking to such other places on the Airport as may be approved or designated in writing by the Airport Manager. ARTICLE IX ENVIRONMENTAL PROVISIONS a. HAZARDOUS SUBSTANCE 1. The lessee will conduct it business and/or operation on the Premises in compliance with all environmental laws and permits. If hazardous substances are handled on the Premises, the Lessee agrees to have properly trained personnel and adequate procedures for safely storing, dispensing, and otherwise handling Hazardous Substances LEASE OP AIRPORT LANDS City: Page 10 of29 Lessee: in accordance with all applicable federal, state and local laws. 2. Lessee will promptly give the City notice of proceeding to abate or settle matters relating to the presence of a Hazardous Substance on the Premises or from Lessee's operations on the Airport. The Lessee will allow the City to participate in any such proceedings. b. ENVIRONMENTAL INDEMNIFICATION If Contamination of the Premises or other property by a Hazardous Substance occurs from the Lessee's operations on the Premises the Lessee will indemnify, defend, and hold harmless from any aizd all claims, judgments, damages, penalties, fines, costs, liabilities, or losses, including, but not limited to, sums paid in settlement of claims, attorney's fees, consultant fees, and expert fees, which arise during or after the term of this Lease as a result of such Contamination. This indemnification of the City by Lessee includes, but is not limited to, costs incurred in connection with any investigation of site conditions or any cleanup, remediation, removal, or restorative work required by any federal, state, or local governmental agency because of a Hazardous Substance being present in the soil or groundwater or under the Premises or other properties affected by the Contamination. a REMEDIATION L In the event of a Hazardous Substance spill on the Premises, the Lessee will immediately notify the City and the Alaska Department of Environmental Conversation and act, promptly, at its sole expense, to contain the spill, repair, auy damage, absorb and clean up the spill area, and restore the Premises to a condition satisfactory to the City and otherwise comply with the applicable portions of any environmental law. 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, clean up, lien, removal or other governmental or regulatory action instituted, completed, or threatened pursuant to an Environmental Law. $. any claim made or threatened by any person against the Lessee or arising from the Lessee's operations authorized by this Lease, relating to damage, contribution, compensation, loss or injury resulting, from, or claimed to result from any Hazardous Substances in, on, or under the Airport; or C. any report made by, or on behalf of, the Lessee to any environmental agency arising out of or in connection with any Hazardous Substances in, on, or removed from the Premises, including any complaints, notices, warnings, or asserted violations. 3. Remediation and restoration of the contaminated area must meet all applicable LEASE OF AIRPORT LANDS City: Page 11 oF29 Lessee: state and federal regulations and must meet the requirements of all governing regulatory authorities. f. ENVIRONMENTAL AUDIT The Lessee will provide the City with all investigative data, test results, reports ,and any other information gathered or analyzed as part of or in relation to any Environmental Assessment, characterization or audit on the Premises or the Airport that Lessee performs or causes to be performed after the starting date of this Lease. The Lessee will submit the data, result, report or information to the City within 60 days following the date on which it becomes available to the Lessee. g. RELEASE OF LESSEE The City releases the Lessee from liability to the City for Contamination and the presence of Hazardous Substances that existed prior to the commencement date of this lease unless caused or materially contributed to by the Lessee. h. SURVIVAL OF OBLIGATIONS The obligations and duties of the City and Lessee under Article IX of this lease shall survive the cancellation, tern~ination or expiration of this lease. ARTICLE X INDEMNIFICATION & INSURANCE a. INDEMNIFICATION 1. The Lessee will indemnify, save harmless, and defend the City, its officers, agents, and employees from and against any and all liabilities, losses, suits, administrative actions, claims, awards, judgments, fines, demands, damages, injunctive relief or penalties of any nature or kind to the full extent of the loss or obligation for property damage, personal injury, death, violation of any regulation or grant agreement, or any other injury or harm. This indemnification ofthe City by the Lessee shall include sums paid in settlement of claims, attorney fees, consultant fees, expert fees, or other costs and expenses, directly or indirectly arising from, connected to or on account of this Lease as it relates to the Lessee, the Lessee's activities at or relating to the Airport, or any act or omission by the Lessee, or by any of ifs officers, employees, agents, contractors or sublessees. Thaw indemnity obligations are in addition to, and not limited by, the Lessee's obligation to provide insurance, and shall survive the expiration or earlier termination of this Lease. 2. The Lessee shall give the City prompt notice of any suit, claim, action or other LEASE OP AIRPORT LANDS City: Page 12 of 29 Lessee: matter affecting the City to which Paragraph 1, above, may apply, together with a copy of any letter by an attorney on behalf of a complainant; any complaint filed in court, and any notice or complaint by any regulatory agency. The City shall have the right, at its option, to participate cooperatively in the defense of, and settlement negotiations regarding, any such matter, without relieving the Lessee of any of its obligations under this provision. 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 liability to a third party is subject to apportionment according to comparative fault under this provision, the Lessee and the City shall seek in good faith to achieve non judicial agreement as to apportiomnent of fault as between themselves. This apportionment of liability between the City and the Lessee shall not be construed to affect the rights of any person who is not a party to this Lease. b. INSURANCE: At no expense to the City, the Lessee will obtain and keep in force during the term of Phis Lease, insurance of the type and limits required by this provision. Where specific limits are set, they wIll be the minimum acceptable limits. If the Lessee's policy contains higher Limits, the City will be entitled to coverage to the extent of the higher limits. At the time insurance in obtained by the Lessee, all insurance shall be by a company/corporation rated "A-" or better by A.M. Best. The following policies of insurance are required with the following minimum amounts: 1. Commercial General Liability, including Premises, all operations, property damage, products and completed operations, and personal injury and death, broad-form contractual, with aper-occunrence limit of not less than $1,000,000 combined single limit. If this lease authorizes the Lessee to engage in the sale or the commercial dispensing or storage of aviation fuel, the policy must not exclude of the Lessee's fuel handling activities. This policy must name the City as an additional insured. 2. Commercial Automobile Coverage with not less than $1,000,000 combined single limit per occurrence. This insurance must cover all owned, hired, and non-owned motor vehicles used by the Lessee. 3. Workers Compensation brsurance. The Lessee will provide and maintain, for all employees, coverage as required under AS 23.30.045, and, where applicable, any other statutory obligations. The policy must waive subrogation against the City. 4. The Lessee will provide the City with proof of insurance coverage in the form of an insurance policy or a certificate of insurance, together with proof that the premiums have been paid, showing the types and monetary limits of coverage secured, All insurance required by this provision must provide that the City be notified at least 30 days prior to any termination, cancellation, or material change in the insurance coverage. LEASE OF AIRPORT LANDS Ciry: Page 13 of 29 Lessee: 5. If the Lessee's insurance coverage lapses or is canceled, Lessee will immediately, upon written notice by the City, halt all operations on the Airport, including the Premises. The Lessee will not resume operations until the City receives evidence that the Lessee has obtained current insurance coverage meeting the requirements of this Lease. 6. The City may, at intervals of not less than five years from the beginning date of the term of this Lease and upon written notice to Lessee, revise the insurance requirements required under this Lease. City's determination to revise the insurance requirements will be based on the risks relative to the Lessee's operations, any insurance guidelines adopted by the City, and any change in applicable law. 7. If the Lessee subleases all or any portion of the Premises under the provisions of this Lease, the Lessee will require the sublessee to provide to the insurance coverage required of the Lessee under this Article X. ARTICLE XI LAWS & TAXES a. COMPLIANCE WITH LAW: Lessee shall comply with all applicable laws, ordinances, and regulations of public authorities now or hereafter in any manner affecting the Airport, the Premises or the sidewalks, alleys, streets, and ways adjacent to the Premises, or any buildings, structures, fixtures and improvements or the use thereof, whether or not any such laws, ordinances, and regulations which may be hereafter enacted involve a change of policy on the part of the governmental body enacting the same. Lessee agrees to hold City financially harmless: (1) Frorn the consequences of any violation of such laws, ordinances, and/or regulations; and (2) From all claims for damages on account of injuries, death, or property damage resulting from such violation. b. UNLAWFUL ACTIVITY: The Lessee shall not permit any unlawful use, occupation, business, or trade to be conducted on the Premises contrary to any law, ordinance, or regulation, including zoning ordinances, rules and regulations. c. LICENSES AND PERMITS: The Lessee will obtain all necessary licenses and permits, pay all taxes and special assessments lawfully imposed upon the Premises, and pay other fees and charges assessed under applicable law. Nothing in this Lease prevents the Lessee from challenging any taxes or special assessments to the appropriate authority. d. LITIGATION: The KMC, including regulations promulgated thereunder, and the laws of LEASE OF AIRPORT LANDS City: Page 14 of 29 Lessee: the State of Alaska will govern in any dispute between the Lessee and City. if a dispute 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 pay all lawful taxes and assessments which, during the term of this Lease may become a lien upon or which may be levied by the State, Borough, City, or any other tax levying body, upon any taxable possessory right which Lessee may have in or to the Premises or improvements on the Premises by reason of its use or occupancy or the terms of this Lease provided, however, that nothing in this provision shall prevent Lessee from contesting any increase in a tax or assessment under any applicable law, ordinance, or regulation.. f 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, or parts shall continue in full force and effect as though the declaration had not been made. ARTICLE XII LEASE TERMINATION a. CANCELLATION: The City may, after 30 days' written notice to the Lessee, cancel this Lease acid recover possession of the Premises if any of the following violations occur, unless the violation is cured within the 30 days: 1. The Lessee fails to pay when due the rents, additional rents, charges, or other sums specified in this Lease, including any increases made under this Lease. 2. The Lessee's check for payment of any sum due under this Lease is returned for insuff dent funds. 3. The Lessee uses or authorizes the use of the Premises for any purpose not authorized by this Lease. 4. The Lessee fails to fully perform and comply with any provision in this Lease. 5. The court enters a judgment of insolvency against the Lessee. 6. A trustee or receiver is appointed for the Lessee's assets in a proceeding brought by or against the Lessee, or the Lessee files a voluntary petition in bazikruptcy. 7. Failure by the Lessee to comply with any land development or permanent improvement construction required by this Lease. LEASE OF AIRPORT LANDS City: Page 15 of 29 Lessee: 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 thereafter, re-enter, and resume possession of the Premises or portion thereof, and remove all persons and property therefrom, without being liable for any damages therefore. No re-entry by the City shall be deemed an acceptance of a surrender of the Lease. o. CONTINUING OBLIGATIONS UNTIL PREMISES VACATED: The Lessee will continue to pay City rent after the expiration, termination, or cancellation of this lease and to abide by the lease obligations, including providing proof of insurance coverage, through the date Lessee relinquishes possession of and completely vacates the Premises. City will consider the Premises completely vacated if the Lessee has 1. Remediated any environmental contamination for which the Lessee is responsible; 2. Removed or otherwise disposed of any Lessee-owned permanent or removable improvements and personal property which this Lease allows to be removed or the City directs to be removed; and 3. Restored the Premises to a neat and clean physical condition acceptable to the City. d. REASONABLE CURE I. In the case of a violation that cannot be reasonably cured within 30 days, a notice of cancellation issued by the City to the Lessee under this Article is stayed if, within the 30-day notice period, the Lessee begins and continues expeditious action to cure the violation. The City will determine if a violation cannot be reasonably cured within 30 days and what constitutes expeditious action. 2. In the case where, in City's sole determination, Lessee's violation is considered an imminent threat to the airport, public health or safety, or the environment, City will direct the Lessee to stop the activity immediately and may reduce the period to cure the violation, or the City may correct the violation pursuant to (d) of this Article. e. RIGHT OF CITY TO PERFORM_ I. If, after 30 days following notice the Lessee fails or refuses to perform any action required by this Lease, the City will have the right, but not the obligation, to perform any or all such actions required by this Lease at the 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 LEASE OF AIRPORT LANDS Cify: Page 16 of 29 Lessee: City will, at its sole discretion, determine what constitutes expeditious action and if an action cannot be reasonably performed in 30 days. The City will submit to the Lessee an invoice for the expenses incurred by the City in the performance by the City of any required action. The Lessee will pay the amount of each invoice within 30 days from issuance. 2. If Lessee fails or refuses to perform any action that has been deemed an imminent threat the City will have the right, but not the obligation, to perform any or all such actions required to expeditiously correctthe imminent threat. Lessee shall reimburse the City for any cost, including legal fees and administrative costs reasonably incurred by the City in acting to correct the imminent threat violation. f. WAIVER: A waiver by the City of any default by the Lessee of any provision of this Lease will not operate as a waiver of any subsequent default. If the City waives a default, the City is not required to provide notice to the Lessee to restore or revive any term or condition under this Lease. The waiver by the City of any provision in this Lease cannot be enforced or relied upon unless the waiver is in writing and signed on behalf of the City. The City's failure to insist upon the strict performance by the Lessee of any provision in this Lease is not a waiver or relinquislunent for the future, and the provision will continue in full force. g. AIRPORT CLOSURE: L If the City closes the airport to aircraft operations for sixty (60} days or less, This Lease will remain in full force and effect without adjustment 2. If the City closes the Airport to aircraft operations for more than sixty (60) days, but not permanently, and this Lease is for aviation or direct aviation support uses, the Lessee may, upon written notice to the City, either terminate the Lease or retain the Lease and receive a fifty (50%) percent rent reduction or credit for that portion of the closure that exceeds sixty (60) days. 3. If the City permanently closes the Airport to aircraft operations and (i) this Lease is for aviation or direct aviation support uses, the Lessee may terminate this agreement by written notice to the City; or (ii) this Lease is for non-aviation uses, the Lessee may request in writing to have the Lease terminated. The City will consider the Lessee's request in light of the City's best interest and either terminate the Lease, or deny the Lessee's request in writing. LEASE OF AIRPORT LANDS City: Page 17 of 29 Lessee: h. DISASTERS The Lessee or City may cancel this lease upon written notice to the other party if 1. the Premises becomes unusable through no fault of either party and performance under this lease becomes impossible; or 2. the Airport becomes unusable through no fault of either party and the performance under this lease becomes impossible. If 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 obligations under the Lease will continue, but City shall be under no obligation to continue to perform. Causes for termination of the lease under this provision (g) include acts of God, the public enemy, and the United States. i. NATIONAL EMERGENCY: If the federal government declares a national emergency, neither party may hold the other liable for any inability to perform any part of this Lease as a result of the national emergency. j. SURRENDER ON TERMINATION: Except as provided otherwise in this Article XII, Lessee shall, on the last day of the term of this Lease (including any extension or renewal thereof) or upon any earlier termination of this Lease, surrender and deliver up the premises into the possession and use of City without fraud or delay in good order, condition, and repair, except for reasonable wear and tear since the last necessary repair, replacement, restoration or renewal, free and clear of all lettings and occupancies unless expressly permitted by the City in writing, and free and clear of all liens and encumbrances other than those created by and for loans to City. ARTICLE XIII GENERAL COVENANTS a. USE OF THE AIRPORT: Except as provided herein, any regular use of Airport lands or facilities without the written consent of the City is prohibited. This prohibition shall not apply to use of areas designated by the City for specified public uses, such as passenger terminals, automobile parking areas, and streets. b. COSTS AND EXPENSES: Costs and expenses incident to this lease, including but not limited to recording costs, shall be paid by Lessee. a CARE OF THE PREMISES: The Lessee shall keep the Premises clean and 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 file expiration of LEASE OF AIRPORT LANDS City: Page 18 of 29 Lessee: the term fixed, or any earlier termination of the Lease, the Lessee will peaceably and quietly quit and surrender the premises to the City. d. CONSTRUCTION APPROVAL AND STANDARDS: Any building construction on the Premises by the Lessee must be compatible with its surroundings and consistent with the uses authorized under this Lease, as determined by the City. The Lessee must obtain the City's 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 development, alteration, modification, or renovation, together with specifications or any other information the City reasonably requires. Further, the Lessee will submit to City evidence of the Lessee's compliance with Federal Aviation Administration regulation 14 CFR Part 77. e. LEASE SUBORDINATE TO AIRPORT FINANCING REQUIREMENTS: Lessee agrees that City may modify this Lease to meet revised requirements for Federal or State grants, or to conform to the requirements of any revenue bond covenant. However, the modification shall not act to reduce the rights or privileges granted the Lessee by this Lease, nor act to cause the Lessee financial loss. f. RIGHT TO ENJOYMENT AND PEACEABLE POSSESSION: City hereby agrees and covenants that the Lessee, upon paying rent and performing other covenants, terms, and conditions of this Lease, shall have the right to quietly and peacefully hold, use, occupy, and enjoy the Premises, except that the following shall not construed as a denial of the right of quiet or peaceable possession: Any inconvenience caused by public works projects in or about the Premises; and 2. Any other entries by the City on the Premises reserved or authorized under other provisions of this Lease. g. NO PARTNERSHIP OR JOINT VENTURE CREATED: It is expressly understood that the City shall not be construed or held to be a partner or joint venture of Lessee in the conduct of the Lessee's activities or business on the Premises. The relationship between the City and the Lessee is, and shall at all times remain, strictly that of landlord and tenant, respectively. h. DISCRIMINATION: The Lessee will not discriminate on the grounds of race, color, religion, national origin, ancestry, age, or sex against any patron, employee, applicant for employment, or other person or group of persons in any manner prohibited by federal or state 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. LEASE OF AIRPORT LANDS City: _ Page 19 of 29 Lessee: i. AFFIRMATIVE 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 the Lessee on the grounds of race, creed, color, national origin, or sex. No person may be excluded on these grounds from participating in or receiving the services or benefits of any program or activity covered by subpart E. The Lessee further agrees that it will require its suborganization(s) provide assurance to the City to the same effect that they will also undertake affirmative action programs and require assurances from their suborganization(s) as required by 14 CFR, Part 152, subpart E. Tenant shall use the premises incompliance with all other requirements imposed by or pursuant to title 49, code of Federal Regulations, DOT, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-Assisted programs of the Department of Transportation- Effectuation of Title VI of the Civil Rights Act of 1964, and as the Regulation may be amended. j. INTEGRATION, MERGER, AND MODIFICATION: This Lease sets out all the terms, conditions, and agreements of the parties and supersedes any previous understandings or agreements regarding the Premises whether oral or written. No modification or amendment of this Lease is effective unless in writing and signed on behalf of the City and the Lessee. k. RIGHT TO ADOPT RULES: City reserves the right to adopt, amend, and enforce reasonable rules and regulations governing the Airport, including the Premises. The City shall not be liable to Lessee for any diminution or deprivation of possession, or of Lessee's rights under this Lease, on account of the exercise of the City's authority reserved under this provision. Furthermore, the Lessee shall not be entitled to terminate the whole or any portion of the leasehold estate created under this Lease, by reason of the exercise of the City's authority reserved under this provision, unless the exercise thereof so interferes with Lessee's use and occupancy of the Premises as to constitute a termination, in whole or in part, of this Lease by operation of law under the laws of the State of Alaska and of the United States made applicable to the states. 1. LESSEE'S OBLIGATION TO PREVENT AND REMOVE LIENS: Lessee will not permit any liens including, but not limited to, mechanics', laborers', or materialmen's liens obtainable or available under the then existing laws, to stand against the Premises or improvements on the Premises for any labor or material furnished to Lessee or claimed to have been furnished to Lessee or to the Lessee`s agents, contractors, or sublessees, in connection with work of any character performed or claimed to have been performed on the Premises or improvements by or at the direction or sufferance of Lessee. Provided, however, the Lessee shall have the right to provide a bond as contemplated by Alaska law and contest the validity or amount of any such lien or claimed lien. Upon a final determination of the lien or claim for lien, 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 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 LEASE OF AIRPORT LANDS City: Page 20 of 29 Lessee: 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 during the term or any extension of the term of this Lease; and 3. other adjustments as the parties may agree upon as being just and equitable under all the circumstances. If, within thirty (30) days after the award has been paid into Court, the City and Lessee are unable to agree upon what division, abatement in rent, and other adjustments as are just and equitable, the dispute shall be determined by arbitration. o. SUCCESSORS IN INTEREST: This Lease shall be binding upon and shall inure to the benefit of the respective successors azid assigns of the parties hereto, subject to such specific limitations on assignment as are provided for in this Lease. p. NOTICES: 1. Any notices required by this Lease must be in writing and must be delivered personally or mailed by certified or registered mail in a prepaid envelope. A mailed notice A. must be addressed to the respective party at the address written on the first page of this Lease or to the latest address designated in accordance with (2) of this Provision (p); and B. shall be deemed delivered on the date it is deposited in a U.S. general or branch post office. 2. The City or the Lessee may, from time to time, designate a new address at which they will receive notices by providing the other parry with written notice at least 15 days prior to the effective date of the change. An address change notice must be delivered according to the procedure set out in (I) of this Provision (p). 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 for the breach. r. FIRE PROTECTION: The Lessee will take all reasonable precautions to prevent, and take all necessary action to suppress destructive or uncontrolled fires and comply with all laws, regulations, and rules promulgated and enforced by the City for fire protection on the Airport. LEASE OF AIRPORT LANDS City: Page 21 of 29 Lessee: s. PERSONAL USE OF MATERIALS: No interest in coal, oil, gas or any other mineral, or in any deposit of stone or gravel valuable for extraction or utilization is included in the Premises or in the rights granted by this lease.. The Lessee shall not sell or remove from the Premises for use elsewhere any timber, stone, gravel, peat moss, topsoil or any other material valuable for building or commercial purposes. t. APPROVAL OF OTHER AUTHORITIES: The granting of this lease by the City does not relieve the Lessee of the responsibility to obtain any license or permit as may be required by federal, state, or local law. u. EXECUTION BY THE PARTIES: This Lease is of no effect unless signed by the Lessee, or a duly authorized representative of Lessee, and an authorized representative of the City. v. CAPTIONS: The captions of the provisions of this Lease are for convenience only and do not necessarily define, limit, describe, or construe the contents of any provision. w. RIGHTS OF CONSTRUCTION: This Lease is intended to make public property available for private use, while at all times protecting the public interest to the greatest extent possible. Following the rule that transfers of interest in public property are to be strictly construed in favor of the public property landlord, all rights granted to the Lessee under this Lease will be strictly construed, and all rights of the City and the protections of the public interest will be liberally construed. x. LESSEE ACKNOWLEDGEMENT: The Lessee acknowledges that the Lessee has read this Lease and fully understands its terms, that the Lessee has been fully advised or has had the opportunity of advice by separate legal counsel, and voluntarily executes this Lease. Lessee also acknowledges and agrees that the rule of interpretation under which a document is construed against the drafter will not apply to this Lease. y. APPROVAL BY LESSOR: Airy approval required of the Lessor by this Lease will not be unreasonably withheld, The Lessor's approval does not waive the Lessee's legal responsibility or liability to comply with all applicable federal and state laws and regulations. ARTICLE XIV SURVEY, IMPROVEMENTS AND PERFORMANCE BOND a. SURVEY: The Lessee is solely responsible, at its sole expense, to confirm or establish the physical location of the boundaries of the Premises prior to beginning any construction thereon, including clearing grubbing, back-filling and environmental sampling. Any survey of the Premises shall be performed by a Land Surveyor registered in the State of Alaska. The Lessee shall furnish the City with a copy of the plat of any survey performed on the Premises by, or on behalf of, the Lessee. LEASE OF AIRPORT LANDS City: Page 22 of 29 Lessee: IMPROVEMENTS. 1. REQUIRED IMPROVEMENTS: At no cost to the City, Lessee agrees to complete land development and construction of Permanent Improvements including by no later than ,with an aggregate cost of at least $ ,excluding financing costs. In addition to the as-built drawings required by this Lease, the Lessee must submit to the City written evidence that the Lessee has completed the land development and constructed improvements on the Premises with an aggregate cost or investment of not less than The evidence of cost must be submitted to the City within sixty (60) days of the completion of the development and improvements, but by no later than A. Costs considered toward the aggregate cost of permanent improvements include building construction, design, labor, materials, materials shipping, permits, equipment, soil testing, environmental baseline report, and environmental assessment directly related to the construction; premises and as-built surveys; site preparation, including excavation, geotextile fabric, filling, grading, fill material, gravel, and pavement, remediation of environmental contamination (unless Lessee caused or Materially Contributed To the Contamination); and utility connection costs. B. The cost of Permanent Improvements excludes (i) financing costs; (ii) work performed by the City and not reimbursed by the Lessee; and (iii) work performed by the Lessee and reimbursed by the City. 2. FAILURE TO COMPLETE IMPROVEMENTS: If the Lessee fails to complete the required construction within the time allowed under (b)(1) of this Article, including any extensions granted, the City will execute against and the Lessee will forfeit, any bond or other guarantee given by the Lessee and, as applicable, City will 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 timely completed; or 3. APPEARANCE: When completed, all improvements on the Premises must be neat, presentable, and compatible with the authorized use of the Premises under this Lease, as determined by the City. 4. CITY APPROVAL REQUTRED: The Lessee must first obtain the City's written approval before beginning any land development, construction or demolition of any LEASE OF AIRPORT LANDS Ciry: Page 23 of 29 Lessee: _ improvements on the Premises, or 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 development, alteration, modification, or renovation. Further, the Lessee will submit to City evidence of the Lessee's compliance with the FAA regulation 14 CFR Part 77. 5. CITY APPROVAL WITHHELD: The City's approval of any conshuction, alteration, modification, or renovation will not be withheld unless A. the Lessee fails to demonstrate adequate financial resources to complete the project; B, the project plans, specifications, and agency approvals are incomplete; C. the proposed project would result in a violation of an applicable ordinance, regulation, or law; D. the proposed project would interfere with or is incompatible with the safety, security, maintenance, or operation of the airport; E. the proposed project is inconsistent with the Airport Master Plan; F. the proposed project is inconsistent with the terms of the lease, zoning ordinances, or the City's Comprehensive Plan; G. the project plans do not make sufficient provision for drainage, aircraft, vehicle, and equipment parking, or for snow storage; or H. the proposed project does not conform to generally recognized engineering principles or applicable fire or building codes. 6. DEMOLITION: Prior to any demolition of any structure(s) on the Premises, Lessee will deliver to City a written scope of work that, at a minimum, lists the structure(s) that are to be demolished and the timeframe for demolition and removal of the debris from the Airport. City will review Lessee's scope for demolition and issue Lessee written approval for the work to be done. 7. BUILDING SETBACK: No building or other permanent structure may be constructed or placed within twenty (20) feet of any boundary line of the Premises 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 fronts on a landing strip, taxiway, or apron. 8. AS-BUILT DRAWINGS: Within sixty (60) days after completion of construction or placement of improvements upon the Premises, the Lessee will deliver to the City a copy of an as-built drawing, acceptable to the City, showing the location and dimensions of the improvements, giving distances to all Premises' boundaries. If the Lessee constructs underground improvements, the Lessee will appropriately mark the surface of the land with adequate surface markers. The type, quantity, and distance between such markers will be subject to approval of the City. LEASE OF AIRPORT LANDS City: Page 24 of 29 Lessee: 9. AIRPORT SECURITY FENCING: If any construction by the Lessee requires a realignment or alteration of an existing security fence on the Premises ox boundary of the Premises, the Lessee agrees to realign or alter the fence in a manner approved in writing by the Airport Manager. Anytime the fence must be breached to allow the Lessee to complete improvement construction or fence modifications, the Lessee shall, at the Lessee's sole expense place temporary barriers to maintain the security of the Airport, as determined by the Airport Manager. If damage occurs to a security fence on the Premises or boundary of the Premises in connection with the Lessee's use or occupation of the Premises, the Lessee shall promptly repair the-fence to the satisfaction of the Airport Manager. 10. DAMAGE TO IMPROVEMENTS; If Lessee's improvements on the Premises are damaged or destroyed, Lessee will cause the improvements to be repaired or rebuilt, and restored to normal function within two (2) years following the damage oz destruction. If the Lessee fails to timely rebuild or restore the improvements, the City may, at its sole discretion, either reduce the term of this Lease commensurate with the estimated value of the Lessee's remaining, fully functional improvements on the Premises, or cancel this Lease. 11. DAMAGE NEAR EXPIRATION: If Lessee's improvements are damaged to the extent that more than 50% of the space is unusable and the damage occurs within five years of the expiration of the term of this Lease, Lessee may remove the damaged improvements, restore the Premises and terminate this Lease. d. PERFORMANCE BOND O tional : Prior to beginning the construction of permanent improvements required under (b)(1) of this Article, the Lessee shall submit to the City a performance bond, deposit, or other security in the amount of $ .The form of the bond or other security shall be subject to the City's approval. e. DISPOSITION OF IMPROVEMENTS UPON TERMINATION: Upon the expiration of the term of this Lease (or any renewal or extension thereof) or any earlier termination, title to the buildings, other improvements, and building equipment shall automatically vest in City without requirement of any deed, conveyance, or bill of sale. However, if City should request any such document in confirmation hereof, Lessee shall promptly execute, acknowledge, and deliver the document to the City and pay any charge, tax, and fee lawfully asserted or imposed on the conveyance evidenced by the document. Provided however, that Lessee shall retain title to, and remove from the Premises at the Lessee's sole expense, any building, other improvement or building equipment that the City has determined in writing to the Lessee 1. has exceeded its useful life; 2. is damaged beyond reasonable repair; 3. is a hindrance to the future use of the Premises; or 4. is of negligible value. LBASE OF AIRPORT LANDS City: ___ Page 25 of 29 Lessee: f. NOTICE OF CONSTRUCTION: The Lessee agrees to notify the City in writing three days prior to commencing any construction project valued in excess of $500.00 on the Premises. The Lessee agrees to assist in the posting of a notice of non-responsibility and maintenance of the notice on the Premises during construction. Lessee agrees that in the event the Lessee fails to notify the City as required by this Provision (f), the Lessee shall indemnify the City against any materialmen's liens as defined in AS 34.35.050 which arise as a result of construction on the premises. ARTICLE XV O tional SPECIAL PROVISIONS 1. City Constructed Improvements. AI TERNATIVB ONE -The City commits to consh^uct improvements after the lease is signed (a) As part of the exchange of consideration of this lease, the City will, at the City's expense, cause the following improvements to be constructed on or ul connection with the Premises: (i) ; (ii) ; (iii) (b) The City's total cost of the improvement construction shall not exceed R without the Lessee's written concurrence. (c) The Lessee shall reimburse the City for the City's cost of constructing the improvements. The reimbursement shall be made in ten (10) equal annual payments, plus interest at eight percent (8%) per year on the unpaid balance. The Lessee may pay the entire remaining balance to the City earlier than due. (d) After completing the improvements, the City will give the Lessee written notice of the City's total cost of constructing the improvements and the date on which the Lessee's reimbursement payments shall begin, which date shall be no earlier than 60 days after the date of the City's notice. The Lessee's annual reimbursement payment for each succeeding year shall be made to the City by no later than the anniversary of date on which the first payment was due. (e) Failure by the Lessee to timely reimburse the City as required under (b) Through (d) of this provision shall be grounds for termination of this lease by the City. ALTERN,4TIVE TWO -The City builds improvements before i'he lease is signed. LEASE OF AIRPORT LANDS C~tl' Page 26 of 29 Lessee: (a) The Lessee acknowledges that prior to the execution of this lease, the City constructed the following improvements on or in connection with the Premises: (i) _ (ii) (iii: (b) The City's total cost to construct the improvements was $ (c) As part of the consideration of this lease, the Lessee shall reimburse the City for the City's cost of constructing the improvements. The reimbursement shall be made in ten (10) equal annual payments, plus interest at eight percent (8%) per year on the unpaid balance. The Lessee may pay the entire remaining balance to the City earlier than due. (d) The Lessee shall make the first reimbursement payment to the City by no later than the first anniversary of the lease term beginning date given in Article III of this lease. The Lessee's annual reimbursement payment for each succeeding year shall be made to the City by no later than flee anniversary of date on which the first payment was due. (e) Failure by the Lessee to timely reimburse the City as required under (c) and (d) of this provision shall be grounds for termination of this Lease by the City. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands, the day and year stated in the individual acknowledgments below. CI'CY OF KENAI By: Rick R. Koch City Manager LESSEE: By: LfiASE OF AIRPORT LANDS City: Page 27 of 29 Lessee: (If Lessee is a Corporation} ATTEST: Name Title STATE OF ALASKA ) ss. THIRD NDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 200_, Name: Title: , of , being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said corporation. Notary Public for Alaska My Commission Expires: STATE OF ALASKA ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 200_, Rick R. Koch, City Manager of the City of Kenai, Alaska, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said City. Notary Public for Alaska My Commission Expires: LEASE OF AIRPORT LANDS City. Page 28 of 29 Lessee: Approved as to lease form by City Attorney: Approved by Finance Director: Lease approved by Council on Carol Freas, City Clerk LEASE OF AIRPORT LANDS City: Page 29 of 29 Lessee: %NFORMATION ITEMS KENAI CITY COUNCIL MEETING JANUARY 3, 2007 1. */*/2007 Purchase Orders Between $2,500 and $15,000 for council review. 2. FY2008 Budget Calendar 3. 12/ 10/06 K. Wasserman, Executive Director/AML letter of recommendation for Larry Sernmens' appointment to the Alaska Retirement Management Board. 4. 12/ 19/06 DEC letter related to proposals for sewage, stormwater, and boat harbor discharge projects in EVOS-Impacted areas. 5. 12/06 Resource Development Council for Alaska, Inc., Resource Review. 6. 2007 Alaska Gaming Permit Applications and Pull-Tab Vendor Registrations • Friends of the Kenai Community Library, Inc. • American Legion Post #20 w/Pull-tab Vendor Registration • American Legion Family Association (Multi-Beneficiary Permit) w/Pull-tab Vendor Registration • American Legion Auxiliary Unit #20 w/Pull-tab Vendor Registration • La Societe Des Hommes 1539 Corr Voiture Pull-tab Vendor Registration • American Legion Baseball Booster Club Pull-Tab Vendor Registration Registration Sons of the American Legion Squadron 20 Pull-Tab Vendor 7. 12/27/06 Public Works Department, Project Status Report. 8. 12/22/06 KPB letter noting the Kenai Peninsula Borough Quarterly Reports of Key Economic Indicators will no longer be published in printed form but will be provided electronically in the Borough website. 12/29/06 J. Oberg letter supporting the proposed library expansion. 10. 1 /07 Soldotna Chamber of Commerce, Chamber Connection. U z 0 U O LL a 0 c °o N d Z h 4 O ~? N o C7 N ~ ~ d Z ~ W Z W Q ~~ w. m ti ~ O W ~ nz "' w ?W /L 4 J y U ~~ d O z 0 d F- z d ~ O N W ~ ~ ti r W W U U Z Z Q 4 Z Z W W N F z z_ o ~ ~ ^ o ~ 4 Q ~ a ~ ~ 4 Q z a a O ~ ~ F- U W p a w vi ~ w w w rn a z ~ W ^ o Q ~ ~ ~ O ~C! N N z p O a Z c~ z z p Z Z Z g a w F- z z w ~ N U W ^ p W ~ W ~ O N LL U' N (n Z Z K ~ p U a' a' Q r ~ a ~ a z ' N ~ J ~ _ ~ 3 ¢ °a J a Z F J d Z j O Q Q d Y U ~ ~ ^ m Q ~ Z Y f CITY OF KENAI FY 2008 BUDGET CALENDAR December 21, 2006 Budget Preparation Packets Distributed January 5, 2007 Overtime and New Positions Due to Finance January 1.2 City Administrator Decides On New Position Requests By This Date January 16 -Feb 02 Finance Department Develops Revenue and Personnel Expense Estimates, Budget Formats & Tables January 19 Depu-Cmental Budget Submissions Due to Finance February 1.6 - 21 Budget Draft Reviewed by Department Heads February 27 Consolidated Budget Submitted To Administrator March 12 - 1.6 Department Head Meetings With Administrator March 23 Administrator's Budget Draft Finalized April 3 Budget Package to Council April 10 Council Budget Work Session Additional meetings to be scheduled as needed May 2 Motion to Set City Attorney and City Clerk Pay, if Changing May 7 Council Work Sessions Completed May 16 Introduction of Budget Ordinance May 24 Publish Notice 7 days prior to Public Hearing June 6 Public Hearing of Budget Ordinance June 6 Mill Rate Resolution Adopted Must be provided to the Borough by 6/15 June 22 Publication 8c Distribution of Budget Completed Finance website updated 217 Second Street, Suite 200 Juneau, Alaska 998' Tel (907} 586-1325 Fax (907) 463-5480 www.akml.ory d ~' °, December 10, 2006 x `~ ~'' -"°~ r: ~. ~~. Honorable Governor Sarah Palin r ° ^ ., P.o.B.lloo0l ~~~, ;` Juneau, Alaska 99811 - Dear Governor Palin, x _._.. ' , ~I On behalf of the Alaska Municipal League, I would like to recommend the re- appointment of Mr. Larry Semmens to the Alaska Retirement Management Board. Mr. Semmens serves as the finance director for the City of Kenai. He is one of the few people in the known world that actually understands all aspects of the PERS issue. Much like the Theory of Relativity, there are very few people who know and understand this issue and all of the implications that would follow the various decisions that are being discussed. He has been instrumental in keeping AML and AML's member communities up-to-date on the PERS issues as things move forward. Larry Semmens has shown his commitment to not only representing communities, but in doing what is beneficial for the entire State of Alaska. We would strongly encourage the re-appointment of Mr. Larry Semmens to the Alaska Retirement Management Board. Sincerely, Kathie Wasserman Executive Director cc: Mr. Larry Semmens Sen. Fred Dyson Mayor Pat Porter Member of the National League of Cities and the National Association of Counties C~ f° ~~ ~~~~~~ #~ ~€ it ~,"~ ~~;~ ~ ~ ~ saxnarnuN, c ~ EPT. OF ENVIRONMENTAL. CONSERVATION~`p Anchorage, Ax ss5o1-2817 Phone: (907) 334-2258 .JLVISION OF WATER a~ Fax: (907) 334-2415 Non-Point Source Pollution Water Control Program ~ TTY: (so7) 2ss-7511 www.decstate.ak.us The Honorable Pat Porter Mayor of Kenai 210 Fidalgo Avenue, Suite 200 Kenai, Alaska 99611 Subject: Proposals for Sewage, Stormwater, and Boat Harbor Discharge Projects in EVOS-Impacted Areas. Dear Mayor Porter: As you are now likely aware, DEC has been working with the Exxon Valdez Oil Spill (EVOS) Trustee Council on the possibility of obtaining funding for sewage, stormwater, and boat hazbor discharge projects in EVOS-impacted areas. In response to conceptual proposals prepared by DEC in November, the EVOS Trustee Council agreed in principal to accept grant requests for community- based projects that lead to improved marine water quality. These final proposals are due late January. To meet this short deadline, DEC has retained OASIS Environmental, Inc. to assist communities in preparing the proposals. DEC and OASIS Environmental representatives met Friday with the EVOS Trustee Council staff and clarified the proposal submission criteria and procedures. The council proposed the following guidelines: a) To be approved for funding, proposals must be cleazly linked to accomplishing one of the EVOS Trustee Council's chartered goals and/or be related to the 1994 Restoration Plan for reduction in marine pollution. For our purposes, this means only projects whose accomplishment will demonstrably improve the quality of Prince William Sound and associated EVOS-impacted waters, or the waters flowing into them, may be put forward for consideration. b) Each proposal must have strong community support from a broad range of residents. Projects having undergone a public scoping process have satisfied this requirement. c) Concern was expressed about the potential for construction cost overruns, and the difficulty in predicting firm, final project costs up front. Maintaining a stable EVOS fund demands the council keep a firm grip on its annual expenditures. It is not inclined to unconditionally commit to funding open-ended projects. Consequently, each proposal submitted must include a detailed budget with complete cost breakdowns and awell-planned project schedule with identifiable milestones. Based on the above guidance and the looming submission deadline, DEC and OASIS propose we move forward together as follows: 1. Each community may submit multiple projects for consideration. All projects must meet the EVOS criteria specified above and be ranked in order of importance by the community. OASIS will concentrate its efforts on developing each community's top two projects into the EVOS 12/19/06 submission format. Any additional projects submitted will be worked as time and resources permit. 2. Each project submitted must be fairly well advanced into the design stage, with a defensible overall project budget detailed down to the labor, material and equipment cost level. df a project does not yet contain the above listed level of detail, it may be presented for design and development only, with construction and implementation funding sought at a later date. 3. All information and materials required to develop your proposal must be submitted to OASIS no later than January 10, 2007. Early submission is highly encouraged. Proposals will be developed in the order received, as time allows. 4. Your OASIS point of contact for submissions and proposal development is Christopher Shock, 264-4452, chrisCoasisenviro.com . On behalf of DEC and OASIS, we look forward to working with you or. this worthy endeavor. Remember, the stronger and more well developed the information that you submit, the more likely it is to result in a package that can be put forward to the EVOS 17ust Council for consideration. (Sincerely, J Q....a- G~y~j~ ~/ James Rypkema Program Manager cc: City Managers Linda Hay, DEC, Office of the Commissioner Lynn Kent, Director, Division of Water Christopher Shock, OASIS \\an_svrfile\groups\water\wq\nps\evos\evos proposals -oasis 19dec06.doc RDC's 27TH ANNUAL CONFERENCE ~O BUSY YEAR AHEAD FOR (ALASKA'S EVOLVING OIL INDUSTRY i ~~t's going to be a busy winter on the North Slope with newcomers to Alaska's oil patch -ENI, FEX and others - planning to drill a number of exploratory wells targeting the smaller prospects. The newcomers, along with major North Slope producers, outlined their plans for 2007 v~d beyond at the Resource Development Council's 27th Annual Conference, Alaska Resources 2007, in Anchorage last month. What was apparent at the conference is the evolution of Alaska's oil patch from the land of the majors to a region punctu- ated with juniors actively pursuing the smaller opportunities. Such is an indica- tion that Alaska is maturing as a global en- ergy province and that high oil prices are motivating the so-called independents to drill in the remote and costly Arctic. The first day of the two-day conference featured familiar Alaska oil patch nom-pa- nies such as BP, ConocoPhillips, Chevron, Shell, and Anadarko to relatively new ,layers, including Italian giam ENI `,roleum, Pioneer Natural Resources, _.,°X and AVCG/Brooks Range Petroleum. Tim England, Senior Exploration Manager with FEX, announced his com- pany will drill three exploratory wells this winter in the National Petroleum Reserve- Alaska (NPR-A), follow- ing up on a single well drilled last season. However, England ;, warned the new petro ~, leum production [ax England passed by the legislature this year is discouraging for independent oil and gas companies looking to invest in Alaska energy exploration, development and production. Italian energy giant ENI plans to drill two or three exploratory wells on the Rock Flour prospect near Kuparuk, according to Roberto Da11'Omo, president of DaIPOm° Houston-based sub- sidiary ENI Petroleum. :. ; Photos byludy Patrick AVCG/Brooks Range Petroleum plans to drill its first of two wells this winter at its Gwydyr Bay prospect. The drilling is part of a three-year $60 million invest- ment, said managing director I~en Thompson, a former president of ARCO Alaska, Inc. The company is targeting oil prospects of 25 million to 50 million bar- rels. Anadarko Peeroleum is planning to drill /Continued to page 4) RDC Conference 1,R-6 New RDC EX. Director 3 No PEace tike Nnme T Wetlands Partnership g Nanuq Oil Flowing 9 Ballot Measure 2 Effort 9 Winds of Change 10 RDE New$ DlgaSt 11 Past issues of Resource Review (1978-2006) are a vai(ab/e a! www. akrdcorq/newsletters/ Shell's Cam Toohey discusses why his company needs new opportunities to gain access to prospects in Alaska's Outer Continental Shelf. At left, /im Bowles of Conoco Phillips said his company is committed to moving the gas pipeline forward. Ken Thompson ofAVCG/Brooks Range Petroleum, center, urged Governor5arah Patin to mod- ify lhestalled fiscal contract for the pipeline, as opposed to sfartingover from scratch. Resource Development Council 121 W. Fireweed, Suite 250 Anchorage, AK 99503 Phone: (907)276-0700 Fax: (907) 276-3887 E-mail: resources@akrdc.org Website: www.akrdc.org Material in this publication maybe reprinted without permission provided appropriate credit is given. Writer 8 Editor Carl Portman Executive Committee Officers President John Shively Sr. Vice President Rick Rogers Vice President Wendy Lindskooq Secretary Tom Maloney Treasurer Stephanie Madsen Staff Executive Director Jason Brune Deputy Director Carl Portman Finance/Membership Deantha Crockett Resource Review is the official periodic publication of the Resource Development Council (RDCh Alaska's largest privately Funded nonprofit economl< development organization working to develop Alaska's natural resources in a responsible manner and to create abroad-based, diversified econorrr;:. while protecting and enhancing the environment. Page 2 Nov-Dec 2006 Resource Review www.akrdc.org ~~ ~ Editors's Note: Last month RDC an- nounced the appomunent of Jason Brune as its new executive director. Brune succeeds Tadd Owens, who was recently appointed director of gov- ernment and public affairs at Pioneer Natural Resources Alaska. Owens served as executive director for nearly six years. Bivne served as RUC's projects coordinator for six years and executive director of the Alaska Mineral and Energy Resource Education Fund (AMEREF) since 2000. Brune graduated from Carleton College in 1995 with a BA. degree in biology and has worked toward a masters degree in environmental science at Alaska Pacific University He worked four years for the University of Alaska and held po- sitions with the National Biological Service, Alaska Pacific I am excited. at the opportunity to be RDC's new executive director. I have big shoes to fill, following in the footsteps of Tadd Owens, Ken Freeman, Becky Gay, and Paula Easley. rortunately, RDC is blessed with an incredible staff and ~~rd of Directors, led by John Shively. With their help, I see JC meeting its mission to grow Alaska's economy through responsible resource development. RDC is a workhorse organization. No job is too big nor too small for us. Resource development is Alaska's economic life- line, the very foundation of our economy, and I can assure our members RDC will continue to play a key role in promoting responsible development. During my tenure, RDC will continue to build on ies suc- cesses and place a premium on its members. RDC's newslet- ter, ehe Resource Review and website, wcvw.akrdc.org, have been a valuable member tool that will continue to grow. RDC's evems are very educational and popular. Our confer- ence is the premier resource development event in the state and our bimonthly breakfast meetings are well attended. I eagerly look forward to working wide the RDC Board, Palin administration, and Legislature to get a gas pipeline built. By providing a market for Alaska gas, we will increase the number of independent companies who will be exploring on the North Slope. With new exploration activities, the volume of oil in the Trans Alaska Pipeline System is likely to increase as well, benefiting all Alaskans. RDC will continue to advocate for the development of a comprehensive, responsible, and long-range state fiscal plan. Licluded in this plan must be equitable and stable tax and toy- . Ulty policies for all Alaska's industries. 1laskan resource development projects must be given a fair pit under the National Environmental Policy Act (NEPA). Projects should not be judged before they are given the op- portunity to traverse the thorough and rigorous University and the U.S. Fish and Wildlife Service. He is a member of the Exxon Valdez Oil Spill Public Advisory Committee and Chugach Electric Association's Bylaws, Election and Renewable Energy committees. He was se- lected by the Alaska Journal of Commerce this year as one of Alaska's Top 40 Under 40. At right are Tadd Owens, RDC pres- ident John Shively and Brune. environmental peunitting process. I intend to work with our Native corporation members to facilitate Land exchanges with the federal government to in- crease responsible resource development and put more Alaskans to work. Land exchanges usually result in awin-win situation for both the environment and the economy. Native corporations are the largest private land owners in the state and Alaskans will benefit as these companies prosper. As a biologist, I am very interested in worlciiig with RDC members to help develop responsible changes to the Endangered Species Act. I continue to be frustrated at the lack of peer reviewed, sound science for making management decisions. As the previous executive director of the Alaska 2vlineral and Energy Resource Education Fund (AMEREF), aprogram RDC administers, I will continue to put an emphasis on re- source education in our schools. AMEREF distributes nearly 300 resource kits each year, free of charge, to Alaskan educa- tors. Working with the AMEREF board of directors, I hope to increase the number of kits distributed and the quantity uid quality of the training sessions that accompany these materials. I look forward to maintaining RDC's close relationship with our sister organizations such as the Alaska Miners Association, the Alaska Support Industry Alliance, the Alaska Forest Association, and other busuiessorganizations. RDC will also work to find common ground with conservation or- ganizations. While we may often disagree with many of these organizations on key issues, it is important to build relation- ships and work together when opportunities for collaboration arise. RDC staff will work hard with its diverse membership to advance these goals. Please feel free to contact me at (907) 276-0700 or email at jbxune@akrdc.org (907) 276-0700 Nov-Dec 2006 Resource Review Page 3 Resources 2007: /Continued from page 1) on its Jacob's Ladder prospect this win- ter; said Doug Wilson, the company's ex- ploration manager. Wilson called the prospect "a very large play potentially." It is located southeast of Prudhoe Bay. Earlier this year, Anadarko took over Kerr-McGee, which has ics sights set on the Nilcaitchu q field, Wilson which potentially holds up to 200 million barrels of oil. Joey Hall, Manager of Operations at Pioneer Natural Resources, said his company is moving ahead with con- struction of its Oooguruk oil field, an is- land-based operation six miles offshore in the Beaufort Sea. Hall said some 500 people will work on the North Slope this winter on the project, which involves drilling 3S wells. ENI is a 3C percent partner in the Nall field, which is expected to come online in early 2008. Oooguruk could produce 50 million to 90 million barrels, Ha11 said. It is likely to become the first North Slope oil field operated by anon-major. Pioneer is also looking at developing the Cosmopolitan prospect in the Cook Inlet region. The field could yield up to 100 million barrels of oil and production could begin in four years. Executives from the familiar giants - ConocoPhillips, Chevron and Shell - also discussed plans for the new year. ConocoPhillips president Jim Bowles said. his company is planning five ex- of Transition ploratory wells, including the Intrepid prospect deep inside NPR-A south of Barrow. The company drilled seven ex- ploration wells last winter. In a question and answer segment fol- lowing his panel, Bowles said with Alaska's massive resource potential, one would expect to see more exploration ac- tivity in the state, but Alaska is a high- cost place to operate and its distance to major markers is a negative factor. He said it is important for Alaska to find the right balance and to recognize the cost structure. Ile also emphasized his com- pany is committed to moving a gas pipeline project forward, but said, "I think the reality is it is going to take longer than we would like it w take." Bowles called the gas pipeline "far and away the most important issue we are facing here." In the same Q&A segment, Thompson urged Governor Sarah Patin eo tweak or revise the stalled fiscal contract on the gas pipeline to create awin-win situation between the state and North Slope pro- ducers, as opposed to starting over from scratch. He also urged Patin to broaden her field of advisors on the gas pipeline. Shell's Alaska government affairs man- George Eynon, Vice President of the Canadian Energy Research Institute in Calgary, presented a keynote presentation on "The Canadian and North American Energy Mix: What Does The Future Hold. " Eynon spoke before an audience of several hundred attending the RDC conference of the Sheraton Anchorage Hotel. ager Cam Toohey said ie is extremely im- portant to his company to have opportu- nities to gain access to good prospects in Alaska's Outer Continental Shelf and asked conference delegates to write eh~- U.S. Minerals Management Service s~ porting a proposed five-year leas:. schedule for the Beaufort and Chukchi seas, as well as the North Aleutian Basin. John lager, Chevron's general man- ager in Alaska, said his company plans to spend $200 million over the next several years on a drilling program to stabilize and increase production from its Cook Inlet fields. Zager said Chevron also plans a significant gas ptro- gram, including explo- ration at Granite Point and south Kenai, and development at Beluga River, Mc.Srthur River, Zager West Side, Ninilchik and Happy Valley. Current Cook Inlet oil production is approximately 12,000 barrels per day, down from 200,000 barrels per day in the 1970s. In comparison, North Slope pro- duction currently averages more than 800,000 barrels per day, down from a peak of 2 million barrels per day in the late 1980s. Page 4 Nov-Dec 2006 Resource fleview www.akrdc.org Conoco Phillips Alaska president /im Bowles visits with Pioneer Natural Resources Alaska president Ken Sheffield at the RDC conference. Former RDC Board mem- berand Governor-elect Borah Palin delivered the keynote address on the second day of the ROC conference. Palin pledged to work with RDC mem- bersacross Alaska to move Ihegas pipeline forward and to d7versify Alaska's economy through the responsible development of natural resources. She also en- couraged those attending the RDC conference to work with her transition team in finding the mast qualified Alaskans to serve in her administra- tion. /Dining for a group photo are Ken Thompson, Brian Davies, Frank Brown and /im Palmer Thompson formerly headed ARCO Alaska while Brown led development efforts for ARCO's initial Alpine development. Palmer and Davies worked for BP. Alaska coal development opportunities were explored by Bob Stiles, upper Jeff, Teresa Imm, upper right, Steve Denton, lower left, and Tim /ohnson, lower right. Stiles covered the Chuitna coal protect, Imm discussed efforts to advance development of the Western Arctic coal deposit, Denton focused on Usibelli Coal Mine and/ohnson spoke to Agrium's Blue Sky project. Nov-Dec 2006 Resource Review Page 5 BP's Phi/ Cochrane addressed his company's "fifty year future"in Alaska. Above, Jacob Adams, outgoing president of Arctic Slope Regional Corporation, and Bobbi Quintavell, incomingpresident, received a standing ovation following their presentation, "Passing the Baton: Transition al ASRC"Adams worked for ASRC for 37 years, serving as ils president for the past 23 years. At left, Briggita Windisch-Cole pre- sents a 20u7 economic forecast for Alaska's resource industries. Above, George Bee of Garrick Gold discusses his company's interest in Alaska. (9071276-0700 I Gas Company.'.. is LLC Page 6 ~~~' '~'.r_.... Arctic Slope Regional Corporation Shaw Alaska AT&T Alascom Stoel Rives LLP Barrack GoldCorporation ' Tesoro Alaska Petroleum Company 'CH2M Hili '. Udelhoven Oilfield System Services : Epbridge, Inc:' UsibellrGoal Mme, Inc. FEX, LR Westward Seafoods lnc. Northern Dynasty Mines Inc. NOrthilm Bank GOUCn12t Br@ak SpOnSOCS Enterprises/Petro Marine ~s Ina Wells Fargo Alaska Northerh Air Cargo Northwest Arctic Borough XTO Energy - PacRim'Coal Program Sponsor Petro Star Inc. frBnt@rp18CB SpOnSOr plp printing Port of Anchorage gSRC Energy Services Port of Tacoma UnderwrlterS ProComm Alaska, LLC Generei SpOOSO1'S Air Logistics of Alaska Royal Caribbean Cruises Ltd. Alaska Airlines Alaska Housing Finance Corporation Samson Tu & :Bar e g g Sealaska Corporation Alaska Business Monthly; Alaska industrial Development & : < Sourdough Express Alaska Frontier Constructors Alaska Journal of Commerce . ExportAuthonty Alaska Railroad Corporation Southeast Stevedodn g Alaska North to the Future - Vol. 3 glaska USA Federal Credit Umon STEELFAB Teamsters Local 959 Bradley fleid+Associates Carlile Transportation Systems Anadarko Petroleum Corporation Anchorage Sand &Gravel -' TeckPogo, lnc..' Chevron COEUR Alaska -Kensington Mine Bering Straits Native Corporation Totem Ocean Trailer Express Ukpeagvik Inupiat Corporation Cook Inlet Region, Inc. Calista .Corporation Chugach Alaska Corporation Ult~astar Exploration LLC Distract Council of Laborers Chugach Electric Association Weaver Brothels, Inc. Dowland Bach Corporation Nov-Dec 2006 Resource Review www.a krdcorq ~..:, ~ (' r, 'p ~.,, Cam.. ~'" ~_ ~. ~v f~ ;: :: "~ Mfr v- 's Board Of Directors 2006 Community Outreach Trip ,'V October, RDC Board members visited Nome, faking in a wide variety of venues, tludinq the local port, historical dredges, the Norton Sound Seafoods plant, the --'#ock Creek mine project, the Golden Beaches and the Last Train to Nowhere. In the inset above are Paul and /acqur Glavinovich. Gail Phillips and K!m Griffith enjoya visit to fhe Last Train to Nowhere, which is lo- cated near the village of Solomon, about 25 miles east of Nome. On the journey oul to Solomon, the board came across a herd of several hundred wild reindeer pictured rn fhe inset. Pau( Glavinovich discusses fhe history surrounding Gold Dredge #6 near Nome. The dredge is owned by Alaska Gold Company pose under fhe truck. Mayor Denise Michels led ROC board members on a public works tour of the Nome area. At bottom left, RDC lobby- ist Dave Parish and his daughter, Tonya, enjoya walk on the Golden Beach. Below, Karen Matthias of the Canadian Consulate poses inside a giant fire ofa Rock Creek dump truck. (9071 276-0700 Nov-Dec 2006 Resource fleview Page 7 By Colleen Burgh Environmenfa(Scientist, EPA The Corporate Wetlands Restoration Partnership (CWRP) is an innovative public-private initiative that brings to- gether businesses, government agencies, conservation organizations, community groups, tribes and academia to protect, preserve, enhance and restore coastal and freshwater wetlands and aquatic habitats tln'oughout the li.S. The CWRP is a way for environmen- tally-responsible companies to reach out to their communities, beyond the boundaries of their own facilities. The program allows private companies to make voluntary donations of funds or in-kind services to the Coastal America Poundation, anon-profit foundation available to each regional CWRP. These funds or in-kind services are then used, at the direction of [he companies, to help support coastal habitat restoration and public education projects. Nationwide, the CWRP currently has 26G corporate sponsors and 175 non-federal partners, including envh~on- mental organizations, foundations, and state and local governments. To date, the CWRP has raised over $4 million and helped restore or conserve over 20,000 acres of wetlands and 7,000 miles of fish habitat. In Alaska, the CWRP works in coop- erationwith Coastal. America, a partner- ship of federal agencies, state and local governments that is administered through the multi-agency Alaska Regional Implementation Team. Since its beginning in 2001, Alaska's CWRP has worked on projects that improve ehe health of Alaska's coastlines, rivers and waterways. Examples of projects that have been completed by the Alaska CWRP and Coastal America over the last five years include: • Fish passage and stream channel restoration in Silver Salmon Creek, Matanuska Valley; which opened 8 miles of salmon spawning habitat • Stream channel restoration along Moose Creek, Matanuska Valley, which resulted in 8.5 miles of stream bank restoration and helped return salmon to nearly 25 miles of historic habitat • Construction of a raised viewing platform on the Gulkana River, along the Richardson Highway, which facili- tates viewing of spawning salmon while protecting the fragile riparian zone For 2006, projects sponsored by the CWRP that are currently funded and underway include culvert replacement in creeks along North Road on the Renal Peninsula to open up several miles of salmon habitat and an extensive revegetation project along Resurrection Creek near Hope that will involve the Youth Restoration Corps. Several other projects throughout the state have been approved by the Regional Implementation Team and are awaiting sponsorship, which could include fund- ing or iu-kind services to help carry out the projects. Approved projects include: • Shore zone coastal mapping of geo- morphic and biological resources along Southeast Alaska • Assessment of eroding solid waste landfills along Alaska's remote coastline • Culvert replacement to restore fish passage in four creeks of the Matanuska- Susitna Borough • Educational displays and outreach. materials regarding a newly installed artificial reef in Whittier • Educational displays and outreach materials for the Salmon in the Citv stewardship initiative, Anchorage • Fishing access improvements and stream bank rehabilitation in Ship Creek in Anchorage A unique feature of CWRP projects is the opportunity to educate the public and provide an effective way for compa- nies to sponsor youth education in envi-rt ronmental restoration. Often` companies help make the required loci match for federal funds for community- based restoration projects. It makes for a win-win situation for the companies, government agencies, and the communi- ties. All parties are able to leverage and maximize the environmental benefits of each dollar provided and better serve their communities and the environment. Coastal America offers public recog- nition of project parmerships through an awards program and opportunities for public presentations. BP Exploration (Alaska), Inc. is the corporate lead for the CWRP in Alaska; other active CWRP partners represent diverse business sectors throughout the state including the construction indus- ny, engineering and environmental con- suhing firms, oil and gas companies and support industries, and fishing organi- zations. Alaska's CWRP is a viable member-guided program that helps Alaskan private corporations to support needed stream, watershed and fishery restoration projects. These projects help protect and restore Alaska's valuable natural heritage, a benefit to our environment, our economy and our Alaskan quality of life. By participating in the CWRP, Alaska companies can make a real difference in the future of Alaska's natural world. For information on Coastal America and the national CWRP see www.cwrp.org or call Pannarie Nedelka, Coastal America (202-401- 9808). For more information about A1as1~^ projects and joining CWRP, corm Allison Erickson, BP Exploratio (Alaska), Inc. (907-564-4132) or Colleen Burgh, EPA (907-271-1451). Page 8 Nov-Dec 2006 Resource Review www.akrdcorg RURAL ALASKA FOCUS ®F BALLOT MEASURE 2 EFFORT ConocoPhillips and Anadarko Petroleum Corporation have begun pro- duction from Nanuq, their second Alpine satellite oil field. Nanuq, located three miles south of the Alpine oil field, is expected to have peak production of approximately 15,000 barrels of oil per day (BOPD) in 2008. Discovered in 2000, Nanuq was de- veloped exclusively with horizontal well technology and will employ gas and water injection enhanced oil recovery, similar to the Alpine field. The currently approved plan for Nanuq will entail drilling of approximately 19 wells. Construction of Nanuq, and the first Alpine satellite, Fiord, involved more than 1,400 people over die past two win- ter seasons. To minimize environmental impact, 50 miles of temporary ice roads instructed during winter were used to bve construction equipment, facilities, drilling rigs and drilling supplies to the site and nearby Alpine oil field. Alpine is located 35 miles west of Kuparuk on the (907) 27G-0700 border of the National Pen~oleum Reserve-Alaska. Production from Nanuq and Piord will he processed through the existing Alpine facilities. Together, the two fields represent approximately $675 million in capital reinvestment and are expected to have peak production of 35,000 BOPD in 2008. The addition oI Nanuq and Fiord increases overall production from the Alpine complex to approximately 130,000 barrels of oil per day, making Alpine the dvrd biggest producer on the North Slope after Prudhoe Bay and Kuparuk. In addition to the Piord and Nanuq satellites, ConocoPhillips is pursuing state, local and federal permits for addi- tional Alpine satellite developments, in- eludnig the recently armounced Qannik reservoir. Alpine, Nanuq and Piord oil fields owners are ConocoPhillips Alaska, Inc., 78 percent, and Anadarko Petroleum Corporation, 22 percent. Nov-Dec 2006 Resource Review Over the past several months, resi- dents o4 Anchorage, Fairbanks and Juneau heard alotaboutBallotMeasure 2, the proposed gas resewes tax that was rejected by nearly a 2-I margin by Alaskan voters last month. Concerned the issue could be decided by a thin margin, RDC launched a broad cam- paign directed not only at its statewide membership, but residents outside Alaska's railbelt. "Given the extensive and effective media campaign launched by other or- ganizations targeting primarily urban Alaska, RDC focused nearly all of its external efforts at rural Alaska, knowing this broad area of our state could make the difference in a close election," said RDC Executive Director Jason Brune. °We heard from a number oI our mem- bers in the smaller communities that they had heard little about the issue and there was a need w get the word out." RDC embarked on a campaign to in- form the public of the risks Ballot Measure 2 posed to Alaska's economy and the gas pipeline. A variety of page- dominant ads were placed in news- papers across Soudicast, Southwest, Southcenn'al and Northwest Alaska. RDC did not raise funds for the cam- paign, choosing instead to use reserves. RDC's new executive director spoke before a number of commwrity organi- zations and government entities, such as the Petersburg City Council, which followed with a resolution opposing the ballot measure. RDC's president, John Shively, participated in a debate and other forums. RDC also sent updates to its membership, published a special four-page newsletter and worked closely with other organizations, in- cluding the Alaska Oil and Gas Association and the Alliance. °BaIlot Measure 2 was one of the most crucial issues to face Alaska in years," said Brune. "As it turned out, the more Alaskans knew about this issue, the more likely they were to vote against it.° Page 9 We have all survived another election season, and au inter- esting one it was. Change was definitely on the minds of vot- ers as they went to the polls in Alaska and tlv~oughout the country. The new Congress will present some challenges for Alaska. ANWR will certainly be a backburner issue for at least the next two years. Our delegation's ability to secure federal funding will most Likely be reduced, but certainly not elimi- nated. The seniority of Senator Stevens and Congressman Young will still leave ehem in powerful positions. In addition, Senator Murkowski is building a reputation of being a hard working and open minded member of the Senate. She has shown an ability to work across party lines, which should prove valuable in the Democrat-controlled Senate. Here in. Alaska the voters also showed an inclination to do things differently. Sarah Palin clearly struck avery responsive chord as she distanced herself from the traditional political es- tablishrnent. When you combine her votes with those of Andrew Halcro, it is clear that the majoeity of those who voted wanted a new approach to govern- ing the state. As I write this column, Governor Palin has announced the leaders of her transition team, and I was pleased, but not surprised, to see some RDC folks among those named. Moreover, in recent cabi- net appointments, she has tapped individuals with a broad range of experience which will assist her administration in getting off to a good start. These well- qual$ied individuals will contribute a great deal to govern- ment. Governor Palin will face numerous challenges including but certainly not limited to: an agreement for a gas line, the need for a stable fiscal system, the deficit in the state and Local government retirement programs, Ivgh energy costs in rural Alaska, and conu-act negotiations with the state's labor unions. She will be faced with the continuing dilemma that Alaskans have high expectations for what they want from govenvnent, but low expectations as to what they oughe to pay. However, perhaps because she comes from outside the political establishment, the voters will be more willing to ac- cept areasonable approach to stabilizing the state's revenues. I believe Sarah Palin has a genuine desire to make Alaska a better place for all of us to live. Although it is no secret Iper- sonallysupported another candidate (RllC as an organization does not support political candidates}, I pledge both my sup- port and the support of IKDC's board and staff to assist Governor Palin as she works to achieve drat goal. Fortunately for the new governor, the voters soundly de- feated die ill-conceived gas reserves tax initiative. The demise of this attempt [o tax anon-earning asset was the result of a strong and coordinated voter education effort. RDC's role in that effort is explained on page 9 of this edi- tion. We joined with other organizations and individuals to tell the story of how much damage this initiative could have done to the goal of having a gas line built to take the vast North Slope gas reserves to market. Of course, it didn't hurt to have all three of the major gubernatorial cuadi- dates agreeing with our position. Another sign the voters were not happy with how tlvngs az~e functioning politically was the passage of the initiative w limit the legislative session to 90 days. Some feel this new law will fall to a judicial challenge, whereas others believe it will only lead to more special aessiogr The sponsors are hoping tha 90-day session will make the legi"s-- lature more efficient and will en- tice more citizens to run for the House and Senate. Time wfll tell which of these prognostications are correct, but it is clear a major- ity of those who voted want to see some change in the way business is conducted in Juneau. Last, but certainly not least, I should mention the legisla- ture, where the winds of changes have also made their pres- ence known. There will be a few more Democrats in Juneau this year. That has not made much difference in how the House will be organized, although it may be a little more dif- ficult for the Republican leadership to round up the votes they need on some controversial issues. The Senate, on the other hand, will be a much different place, if the current coalition of five Republicans and nine Democrats holds. Coalitions aren't new to the legislature and particularly to the Senate. However, we have not seen one for quite some time. In my experience, malting coalitions work requires some skillful leadership in both parties in order to ac- commodate varying political philosophies. There are some very experienced legislators in the coalition who should be able to make the orgarvzation work. So the winds of change are blowing. May those winds h( the ship of state into calm and stable waters. Page 10 Nov-Dec 2006 Resource Review www.akrdc.org RDC SUPPORTS EXPANDED OCS LEASING DC OPPOSES STATE FISH REFUGE PROPOSAL The Resource Development Council has joined the Alaska Miners Association, the Alaska Outdoors Council and other organizations in opposing a proposal before the state Board of Fisheries to create a state fish refuge on a river and stream near the Pebble copper and gold prospect in Southwest Alaska. Opponents of the proposal consider the fish refuge recom- mendation as yet another attempt to block any development of mineral resources in the region. The Alaska Deparnnent of Natw~al Resources (DNR), the Lake and Peninsula Borough and the Naknek/Kvichak and Lower Bristol Bay regional fish and game advisory groups also have expressed concern about the proposal. The Board of Fish does not have the authority to create a refuge, but it can forward a recommendation to the Legislarure. A major concern of RDC's is the precedu~t the the pro- posal sets, not just for one particular projector indusury, but for any individual or company working to follow the rules to develop a project in Alaska. The specific area proposed for refuge status has been managed for multiple use and open to mineral entry for decades. The Bristol Bay Area Plan, which .was revised in 2005 after lengthy public comment, specifically etognizes the Pebble prospect and notes "the state selected lunch of the land in the planning area because of its mineral potential." In fact, the plan states "the general resource man- agement inrentfor the Pebble Copper area is to accommodate mineral exploration and development and to allow DNR the discretion to make specific decisions as to how development may occur, through the authorization process." Numerous state mining claims overlap the proposed refuge boundaries. The holders of those claims possess valid and ex- isting rights dzat must be recognized and not usurped by a refuge intentionally placed over the area after major discov- eries were confirmed. In comments to the Board of Fish, RDC pointed out that the refuge boundaries seem to have been drawn to encompass mineral deposits, rather than reflect the major fisheries re- sources of the region. RDC noted Alaska has one of the most comprehensive regulatory and permitting systems in the U.S. for protecting the environment, conserving fish and wildlife resources and. protecting water quality in streams and rivers. A major development project typically requires more than 50 state and federal permits. RDC said the proposal would create a redundant manage- ment scheme. The proposal not only duplicates, but likely usurps existing state authorities, making the process so com- plex and unwieldy as to tie up resource development projects ~n the region and invite delay and litigation. RDC said the }oposal is unnecessary because any significant project -would be thoroughly scrutinized by regulators through Alaska's extensive, multi-year large project permitting process and the National Environmental Policy Act. Zn comments submitted to the U.S. Minerals Management Service, RDC supported increased access to Alaska's Outer Continental Shelf for oil and. gas exploration and develop- ment. RDC is confident offshore leasing, exploration, devel- opment and production can occur without significant impacts to the environment and other resow~ce usea s. While RDC strongly supported the federal agency's pro- posed five-year schedule, it stressed that new leasing should move forward only after proper stakeholder consultation, planning and environmental analysis is undertaken. Any leas- ing plan should consider conflict avoidance measures to min- imize impacts to oilier resource industries and subsistence harveseers. Reasonable stipulations to protect scientifically- verified, environmentally-sensitive areas should be incorpo- rated into any leasing plan. Alaska's offshore contains reserves estimated at 27 billion barrels of oil and 132 trillion cubic feet of natural gas. The Chukchi Sea is considered the mosr promising offshore pe- troleum basin in the U.S. Expanded access to Alaska's OCS could significantly improve America's domestic energy situa- tion and provide economic stimulus to coastal communities. LAWSUIT SEEKS TO SUSPEND ROCK CREEK PERPAIT A lawsuit has been filed by a citizens group and others challenging NovaGold Resources' Rock Creek gold mine project near Nome. The lawsuit seeks to suspend the permit issued by the Corps of Engineers related to the construction and operation of Rock Creek Mine. NovaGold believes the lawsuit is without merit and that the process undertaken by the Corps, along with the volun- tary public consultation and information process undertaken by NovaGold, complied with applicable laws and gave ample opportunity for all stakeholders to be heard prior to final permits being issued in August. The plaintiffs contend that the Corps failed to adequately consider environmental im- pacts , to consult with certain Native groups and to properly account for public comment. Both Bering Straits Native Corporation and Sitnasuak Native Corporation have openly supported the project. AMEREF HAS SUCCESSFUL FUNDRAISING AMEREF raised nearly $80,000 in November in support of objective resource education in Alaska. The George Schmidt Memorial Raffle and Silent Auction raised over $20,000. A list of raffle prize winners is available at www.ameref.org. In addition, AMEREF received generous pledges from TeckCominco, Northern Dynasty Mines and Garrick Gold. Many generous individual and corporate pledges were made as well to the Wells Fargo and North Slope Producers' (BP., ConocoPhillips and ExxonlVlobil) matching grants. To do- nate to AMEREP, please visit www.ameref.org. (907) 276-0700 Nov-Dec 2006 Resource Review Page 11 RT STD U.S. Poziage PAID Anchorage, AK '', Permit No, 377 ADDRESS SERVICE REQUESTED Growing Alaska Through Responsible Resource Developmenf 121 W. Fireweed, Sufie 260, Anchorage, AK 99503 PAT. PORTER Cf i Y. OF. KENAI 210 PIpALGO. AVE STE 200 KENAI. AK 996 1 1-7750 11 RfItIt1111111r111111111Itl lllllr1111111111111111111111i 2007 Alaska Gaming Permit Application ~AMESG~~HANCEArIO~GN Qnplyonlineatwwwtoxsrare.ak.us/gaming ".~.,i~~tinn Infnrmatinn ~'~- 6 yunr~u uvn ...,... ........ ,.. Borer gaming permit b if renewing Phone number Fax number Federal BN , 1833 907-283-4378 907-283-2266 92-0133770 ' Wehsire address Organisation name FRIENDS OF THE KENAI COMMUNITY LIBRARY INC. kefiailibrar .or I y Stare Zip+4 Mai~ing address AK heck one) typ Entity ( 160 995 15.690 and AAC e (check one) for defimbons, see ' t o Orgamzat yP _..~ _ P ^Charitab L- ~ Fraternal ^Pohceofiretlepa~Cment ~ non or ora x n aabor ^ Poht cal D ^ . df Cne6hl(1 er v or ^ Assodadon ^ Doo mushers'assotiation ^ Municipa(Ity ^ ttel~ IOU: 9 ^Educafionai ^NOepmffitradeassotiatlon ^Vere;ans ^Fsshingderbyassociaror ^Outboartlmotorasmciatlon ^INA/Nadvevillage ^Yes^No Does theorganizationhave25ormorememberswhoareAlaskaresidentsasdefinetllnyourmfidesof'mcorporatlonorbylaws? Members in Charge of games Members in charge must be natural persons and active members ofthe organisation, or employees of the municipality, and designated by the orgao!zation. Members In charge ma„ nnr HP rran~ad at an oreratoc. be a reoistered vendor or an employee of a vendor for Chis organiiatlon. If mcre than one alternate, attach a separate sheet Primary member first name MI Primary member last name -m Social security number Email .Daytime phone number 9f)7-776-SL Mobile number - r{ome mailing address P 0 BOX 7308 Gty ~ ~State Zp+4 AK 6 NrK, Permltdunderwhlchtestwastaken Has me primary member passed the test? C~ Yes ^ No 1833 IAltematem~ emberbrstr~me Mi A(tema[ememoerlastnarre ~~ Socal seca,;ty number Email Daytime phone number _ Mobile number ~ Home malting address P 0 BOX 324 (i(y ,Sale i Zip+4 AK Has the alremare member passed the tesrl Permi;Punder which test wa<Cakeo G~Yes ^No 1833 Legal Questions These questions must be answered. If you answer Yes to either question, see instrucrcns. ~Yes~?tlo Has any member ofmanagemenroraaypersonwholsresponsiblefergamingacoNtleseverbeenconvictedofafelory,ezto¢ion,oravlclaiionofalaworordloan;enfthisstate, or anotherjuristlictlon, that ss a crime+nvoiving theft or dishonesty, or a violation of gambl6eg lawst ^YesF#tlo Does any member ofmanagementaanypersonwhoisresponsibleforgaminga<tivBieshaveaprohibltetlconFllao(Interestastlefinedbyl5AAC1609;A? mm no~mto ~~nrlPr nvnnlrv afunsworn falsihcarion, rYat we have examined this applirarior, inducting any attachments, and that ro the best of our knowledge and belief, itrs true ~nd complete. We understand tharana iaise statement made on the application arany attachments is punishable bylaw. Pr miry or airema[e member siyna*ure ~... ,~~ Pdnred name dare /~ ~ v.,. ,,r~~~,~.-<=- NORA C SATATHZTE l`~' ~ ~~'s'C Presides:oF~befofficersinature(see'struttions), ~ Printedn~me pate // ~ KATHLEEN HEUS ~-z /~/ ~ '~ Permit Fee The oermlt fee Is based on 2006 estimated gross receipts. Chetk the appropriate oox_ ~ ^ Newapplicant ~ S2C I I ^ $G-$20,000 S20 XX $20,001- $100,000 S50 ^ 5100,001 or more 5100 826 Two copies of the application must be sent to all applicable municipalities and boroughs. Seeins0uctionsformandatoryattachments ', Pay online with TOPS at www.raxsmteaX.us or make check payable m State of ', Alaska. New apppCants.must pay by,chgck,, Mail to Alaska Department of Revenue -Tax Division PO Sox 11047.0 • Juneau, AK 99811-0420 Phone (9071465 X320 • fax (907)465-3098 wmw.mxsrate.ak.us/gaming Retain a copy for your records '.. Department use onry Vahdannn a _ CatF Stdmp _.. '.. Porm 0-ties-82h.= Pev ;0/06 far 2007 • page i name Facility-based Games (self-d Gaming permitk 2007 ALASKA GAMING PERMIT AI ;A Y 1843 GAM[$OFCHPNC`ANDCONiESaSOrSK'LL NC. ff more than two facilities.attarh a ~enararP ~haar Faeilltyname Physiraladdress GtY Stare 2~ip +4 ~ AK a<liry type (check ore) Gameiype (check ahtatapply, ^Owned ^teased ^Bonared ~ ^Binoo ^Raf"eC-J2ull-tabs ^Anlrraiciassic4rh'~ken)* ^'niraldassic(ra°r )* 0Speialdraw2fle ^(a~rutrapuo+ Facuty name Physialadtlress 'Gilt State Zip+4 facility type (check one) Game type (check all mat apply) K NAI AK 99611 ^Ownetl ^teased Donated ^Bingo Raffle ^Pull-tabs ^Animaida5sic(<hickenl" ^AnimaldassirRarrarPi~ n~~anare~~.,.~ mo*~ nr.~,,,...___,., Area-based Games if m~rP ~,~n ~arnar~a~ arra~h.«~,.~.o~~oo. ~,~„~~ap~merype ..~neiRr~u~ucdw,farmonaaioeq atta<lu„ene Area -. _ ._ _ ~.r_ ~.~ ,..... Game type (checkall tGa; apply) KENAI ~Raffe ^Conrestoisklll ^Fish derby ^Uog mushedmntest ^Classic (spedfy) Area Game type (check zll that apply) KENAI PENINSULA BOROUGH C~RafFle ^Contesrofsklll ^Rshderhy ^Dogmishersconrest ^Oassldspecify) Manager OtVdme$ Reouiredonlyforself-directedpui;-tabs andbingo Manager first name MI iManageNast name ~Socia; security numher Oaytlme phone number Home rra hng address ~ ~ Email Mobileppone City ~ State 21p+A ~ ~ ~ Has ;hemana erof ames assedihetest? Perrnitk L.. ~ i ~ 9 p p ^ Yes ^ Iv'o ~ Vendor I nformati~n uandnrc ma„ ~P~i ~~~n_,a~,~ ~~~„ n,~„~ ,.~~a~.,~~;..... ~~ z_._,_, Bar oNiouontore name ,.___..._,_ °hyslcal address ~~~~ iiwi iii caul ucnuVi iUIC U UCIUW. ~Barorilquorsro2nam~ , Physi2Jaddress IGry GYy . Smten AK Slate Zip+4 Zlp+4 Bar orlianorstorenarcre ohysicaladdress City StatAeK ?ip+? ~Baronrquorsrorenanie ~ Physl<ala0d!ess firy, -- AK ~¢a~ ror f~quor smrename ~ (- Phyrsica~acaress- city ~ a satAeK AK p p Zip+4 operator inrormation ?esignate opeator who will conduc? activities on the organization's behalf. Attach signed operaticg contract(s). If mare than one ~ Operator name ~ Rosiness name , Garre type(s) attach a sheet. OperaCOr!icense.k Multiple-beneficiary Perrnittee Information (MBP) DeslgnaYe Che MBP wi[h which tiieorganization hassigned apartnership orjolgt-venture aereement MBP name Game rype!sl ~edlCatlOn Of NetProeeeds CescribelndetailhowtheorganizationwilluserhenetproceedshomgamingartiwUes. ALL PROCEEDS ARE USED TO SUPPORT ACTIVITIES OF FRIENDS OF THE KENAI COMMUNITY LIBRARY, INC. WHICH SUPPORTS THE KENAI COMMUNITY LIBRARY. 826 Retain a copyforyour records MBP permit k form G405-825.2 Rea i9(05ior 2007 ~ page 2 826 testtaken -J City of Kenai 210 Fidalgo Kenai, AK 99611. December 19, 2006 Sirs: Enclosed are two copies of 2007 Gaming Permit Application submitted to the State of Alaska by the Friends of the Kenai Community Library, Inc. It is being forwarded to you per state regulation. Sincerely, Nora C. Sata ite Friends of the Kenai Community Library, Inc. 7 Alas a ang Per it A~p~~c~~~~ ,~,,s E ~, ~~i~F ..~~~vr~r } ~ ,4,,~ ~~ r'x !'<Jf.fu l~r}f'H t! >` .Uzt:G~ gewr d:g {~~g~rtz~tiar~ [na~~ati~~ I;...; ,; g~~•~Q~I ~r ' t e ierir~~ t r>=' ~ Qr anfzacfoa e ,~'~ers ..ae' v ~., r [uvnx .,e } U~ 9 } 7.u ~!S .~~ ~Y ~P ... 4 rkR ~?au~~; ~ .,,f',;tioJ~i' f~ ~ !'cSF!s:':^ !-] u ,f;ui ~:xJ 4'~'; ~~i ~l .!~:if ~1 ~ ~arrsmB j ~s F 2 ¢xi < -,rn C@ .m ~ a __ ... ©a,',a ~ i E u, ~ ~ ~ ,r~.r~:,a ~ z~ ,. f~ ~- ':~ J~,f Y .. b.t,'v fie" A.G*3 r' f° ..,. (_!Fk. 22,~'°4~E7~ ~kct CEh0~C4 ti,x?u,ay.?za,i,rn,.~~.;r ~,'c~,n .z:N:'r;r!u3'.ns/ r,;,~,> ,ir,~`.r..!?.a4r..S .:u,,. ~!~@rl:~kJ :~r~~ers ~n ~~arge o~ 6ar~es 4:~'f'ki;2'131C7 C~iatT!. 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CairC,1?. car+,Ytie`c'~'@I,~.Y srt~, .}'. vCC"~5, ..`^i#.:Ft'. 3w `3 :?. .t~Cftf3+I.^, 7.z>.. 1,.;'.y J:h».`'. ~:..°xc^.'."~`'~r:„!@`IC''S~4, ~'..,$'~'K".3T>~r »,.s C..a 4h T~'rd".:^.,~.~'u~. ~v ~"'N a.'+i', ... ~.I',:.. ':~~. "'e'u.'tu~},. 4v-"', twlaw ur'ci $Sa e. r, :F?'u ri. ..: W41R'iCC?a'.,.:r. :aPlG~t34i~t~~aa L3"F aE:icr ~,`7~ ; ~~61., x StlaYuc~is~P. TCEI FI7m€'>I1II i~;3.~6. i,:42i~.n~`.I r.II v111;.P~S.,o l`a liR,IIF^ct43~n_k.<."°~'4 ~. ,:v<a: ,';'~ ^4., 1~za ,~.^:,..s iuo+fsu~'.~c~:Sla @h~,T ft ~liia;}~una.k~'de'Ffs44h Yiia.l:trig?!"3.>U.....2?~.~i:..„c~9ti~,3.a :~"".t .:L:"`~+y,... ,~.,: Y. ~' .. ..19r.~" ,i1!:. k::'fn,7".G :u::i', ~:.~!,,::; *a1"~~tOtCh:a2"y at ~?v^t j,iT. I Ic'14,yet4,9r ~^;m „r r. u::.. ".~[: a~'"'Fw :..;?~^.1, .::: V~°yr. ry x...e~'e .a~'I, a?:...'."~?..iw.. z~.r. it:<at.~..~ iE~c._:3i1 ..,r $. 3~~ 3a ..:a!'. ~iti4.::~. s?i~7 t2Ekia~ti3=f~. . ~L EaH k1£~d13~~5 a}~3K.a 1}3?zII wu*.a ;~c Ak:Cl~ i3[St!4'1J~z. , ,t r~ha6s:~a.:~-'~?.+a3'u}v .:~...I~'~.Ey_. ,,.__.~+~"'~. f.d4f~'c..k"w s j`2"P.. ., :vF';t'~T W..S.f ifl"t~anA.'~Y~2~tfT5~:7~;'?3~~hc,'~'zC aa%1k,'.'tfT d`^fl~sx„rI~,LC",dY'.31I dLuu..'~'?r.k,rfC..i'az"^~7.YI»~43?'~.;7±ta~i,c»A.'~a 11 ~.~.Y'kuE1'y., e4Y;'1 r3~°'a"'3u;k ~..,~ -. .. _ .._ _~,. , ~.~. __.. .. .x ». ._ c. . / --- ~1 T~ e~~~~~ fee i~ ~~ ' _ ~'R4 ~ +61. , r~kT'E~ at ~' ., .._ ..~:.._ .S €nax, .;kf K u.. kve; v ` aL.lazz~W. ~Q~dSeeg~Se&atio~€~vsae paak~sY txe atta€~eat <aaa pxaa~a~ ag~~seatta~kt dam aeaat e~t3t nsC 6~ pause~sed crtaG6§ ~Et~fee'tt aecetvec. ~ti4 dkt6ae¢~are~a~reevt~ _. .~ a., ,:,r.: La.q 1:5.,'.. .,a.~a'f^a '.~'2iww.,'Y~...'. ~ , ,o-: :.i,. ^'II`a ,...S ..,',u,. ,~ . .r..., '^o ~ .,... `.: ~.. ., nd OPA Signature Page Page 1 of 3 Alaska Department of Revenue Permittee Signature Page Thank you for using the DOR Online Permit Application System. In order to complete your permit application, you must send this signed form to the following address: Attn: Tax Division, Alaska Department of Revenue PO Box 110420 Juneau, AK 99811-0420 Fax:907-465-3098 Year: 2007 TAX Permit #: Permittee Name: EfN: Tracking Number: TOPS Receipt: La Societe Des Hommes 1539 Corr We declare, under penalty of unsworn falsif cation, that we have examined this application, including any attachments, and that, to the best ofour knowledge and belief, it is true and complete. We understand that arty false statement made on the application or any attachments is punishable by law. 1 P " - r alternate member signature Printed Signature Date ~.. or other officer Organization Information Permit requested for Federal Employer tdentrfication Number Name of Organization or Municipality Mailing Address One Mailing Address Two City, State Zip + 4 Telephone Number Fax Number Organization Website Address Type of Organization Organized As Specify the organization type How will activities be conducted? Printed 2007 920138853 La Societe Des Hommes 1539 Corr Voiture PO Box 1044 Kenai, AK 99611 + 1044 9072833222 9072835340 Veterans Association Self-Directed by the Organization, Vendor Pull-Tab sales atbar /liquor store, Multiple-beneficiary Permittee in partnership or joint venture with 2 - 6 organizations Does the organization have 25 or more members who are Alaska residents as defined in your articles of Yes incorporation or bylaws? httnr//mvataclia data a1r nc7T~Xf1A~T /Q, n.. a+nrn na.... 1110 Ptn/1G OPA Signature Page Have the organization's articles of incorporation changed? Have the organization's bylaws changed? Estimated gross receipts for 2006 Game Types Facility or Location-Specific -Unrestricted Area Based -Unrestricted No No $100,001 or more Pull-Tabs Raffles Self-Directed Facility or Location-specific Game Type(s) Pull-Tabs, Raffles Facility or Location Name American Legion Post #20 Address Line 1 902 Cook St. Address Line 2 City, State, Zip Kenai, AK 99611 Ownership Owned Area-based dnformation Area Kenai Game Type(s) Raffles Vendor Information Name of Bar! Liquor Store Corey Inc. Address Line One 43187 K Beach Rd Address Line Two Kenai Airport City, State Zip + 4 Soldotna, AK 99669 Name of Bar /Liquor Store Corey Inc. Address Line One 35458 K -Beach Rd Address Line Two City, State Zip + 4 Soldotna, AK 99669 Operator Information Multiple-beneficiary Permittee (MBP) MBP Name MBP Permit Number Location-specific Game Types Area-based Game Types Members in Charge /Manager of Games What position does this person serve? First Name Middle Initial Last Name Address Line One Address Line Two City, State Zip + 4 Daytime Telephone Mobile Number Email Address Has this person taken the test? Permit number under which the test was taken: What position does this person serve? First Name American Legion Family Association 1785 Pull-Tabs Raffles Primary Member in Charge William K Bartlett PO Box 8258 Nikiski, AK 99635 + 8258 9077767080 Yes 1550 Alternate Member in Charge W Ilard Yage L of :i httns://mvalaska.State.ak.us/TAXnPAT,/Sinnah~re.asnx t ~/R/'JMF OPA Signature Page Middle Initial Last Name Address Line One Address Line Two City, State Zip + 4 Daytime Telephone Mobile Number Email Address Has this person taken the test? Permit number under which the test was taken: What position does this person serve? First Name Middle Initial Last Name Address Line One Address Line Two City, State Zip + 4 Daytime Telephone Mobile Number Email Address Has this person taken the test? Permit number under which the test was taken: Jaster 37010 Chinook St. Soldotna, AK 99669 907-260-5892 907-252-0339 Yes 1207 Manager of Games Lloyd Little P.O. Box 1963 Kenai, AK 99611 907-283-3638 907-252-3473 Yes 1207 Legal deformation Persons convicted of a felony, extortion, or a violation of a law First Name MI Last Name Date of Birth Resp. Position Persons with a prohibited conflict of interes4 First Name MI Last Name Date of Birth Resp. Position Net Proceeds Dedication, Details Veteran's Assistance, Community Service, Youth Sports, Scholarships, Nurses Training, Local Police and Fire Departments, Chamber Activities, Community Assistance, RN Training, Boys/Girls Clubs, Boys/Girls State, Oratorical, BoylGirl Scouts, Jr. Olympics, Special Olympics, Medical Assistance, Salvation Army Attachments Title (Type), Description Page 3 of 3 >,,+„~.ii..,.,.,r„~r.., ~~.,.o ter, „~rrnvnnnr ic:,...,.~.._..,.,.__. ,..,~,..~~. 2007 Alaska Pull-tab Vendor Registration A registration is required far each vendor location. A permittee may natcontraawith more than fivevendors atone time. ?,;yy'aenline at ~N,,vwtaxsrote.ok.us/gaming. Permittee Information FNtral EIN Vendor Information name Gaming permit ~ 854 _.... federal ElN ur metal securitynumber" Beverage tllspensary lltense% Package score lirensen Owner name Susines<. (itense 5 wig. t. Business name PFUne number Pax aumhet MaiiingadCress ` Physical address o(vendor location ~ - ~ r > ~ - L-l ` ~t - Gry Stare Zio+4 Ciry of vendor looFion Swte Zlp+4 ~ >_Q~ ~ AK ~;cd.r Legal Questions 'Ifyourbusinesshat norbeen is:oedofederalElPl, you are requiredmJrnviGeyoursoaalserunrjnumDeC these aee4ions must be answered 6y the vendor IRhe Vendor answerst'es to any question, please submit the percn's name, dare of birth, serial semrlty number and positicn of responsibaity, ^Yes i7 No Hasanymemberofmanagementoranypersor,whoisrespmisibleforgaminaactivitieseverbeen<envittedofafelony,eztortion,oraviolationofalawor ordinance of this state or another jurisdiction that is a crime involving theft or dishonesty or a violation of gambling laws? oyes ~No Do you employ orhaveacontrattwiththeprimaryoralternatememberincharge,officer, board memberermanagerofgamingfortheaboveorganlzation? ^Yes oNo Do you have a contta¢ other than a vendor mntrattwith the organization listed above? Vendor Contract to Sei! Puii-tabs Pursuant to AS 05.15.188, the vervJ~r I istetl above hereby agrees to sell pull-tabs as a vendor un oenalf of ~irz pet m~~ ~ee listee a bore. the vendor fu rther agrees that, as compensation for expenses Sncurred .n selling pull-tabs on behalf of the perroittea~~'~_%of the idea! ret o; each gam2;aay be retained by the vendor as compersatioo. Permittee must receive at least 70°/o of the ideal net from each game. AS 65.188(h). The vendor further agrees that an amount equal to the ideal net, less the compensation cured to the vendor, shall be paid by check 6y the vendor to the permiree upon deli±~ery of a pull-tab series. AS 0s.15.' 531i). ft. is farther agreed that the vendor ~n~ill ensure poll-tab wvinners of >50 or mare Hull complete prize receipt forms; that prize winner summary form wi!i be completed for eaih G~~ Cab Bail e v ,d c`.au12Q Wlih Th(',e ,Ylnn t pliii-tali fiS,i.. i..J~i (Ij, it j CYi:72 eau G~ ~ i,Uli gab Yrl'1' erS ,tiiil b2 j+Ven [0 [he r r lue2'.~ t~wli' 0 i ~ r.y4::'P:7 two orthree /ears. AS 05.15.187(f). !t s furher agreed that it is the vendor's respon>ihifity [o ensure gaming a¢ivity at this vendor location IS ccnducted In aaertlance with all appiicabie state statutes acrd regaiaucns. Itrsfurtheragreedthat,,~theve~~dnr;m;ongereliyibetosell,:cil-tabs,th~-,nci~,panedenucpenedpull-tab games shall Leretcrreata,rcpeli'Ge2.auiii u,zyiir the permitteelusestheprivilegetocondaagamingattivicies,tirenallunopenedandopenedpoll ~abgamesmustbetreatedinaccorda'ntewithiSAAC;60.450. „ , r;c o-d~ sn.~'} no-;n,i,f;sPC..r ;,re , cn~.:drhs, n,~s'%dn9~'mY ;r _!n9rrar, , h ,.trafuurxrralydr.?.,rorli', rrr..ad.z~r, ~~ ..~ 4^~r, fr, , n,,zrar,- ~~ ~ ~jb ti ~~'~.~~ L7. C7iv tsC~ 1-4 ~ Registration Fe'e is $50 'a'Ce _.. ,~ ;;r ~ ~ ~ ,, ~ __.., .., ;, - -- Ties registration #nrm i7ust ~? attacf:ed to n hartnrt ppiicaticn #orm and ~ntipnotbepracessedurtilthefeeisrecaived. „, Retainaconyforycurr?cords ~~, ~~ 2007 Alaska Pull-tab Vendor Registration A registration is required for each vendor location. A permittee may not tontrct with mare than five vendors at one time. s;;p';; cnl ine at ro; rw.tarsmre.ok.us,/gaming. ~'ermittee Information 854 kkderal FN Gaming permit% Permitree name Phone number ~ ,Member in charge Member in shame pnanz number Vendor Information Federal HN or social iecuritynumber' Beverage tl8pensarylicen<_e~ Wckage <.tore llcesea 0,1 ~ (~ -' ~'tu'~ cad i~ "1 Paner name Business licensz b ^~ c t. Business name Phone number Fax number Q i0'"L -~ ~~ ~ l G' O`7 - ' L, - 69ailingautlress ~ Phy4caladd~essofvendorluaticn ~~ '~ ' - = d~C1~ 'a - Z, c Cr{ Ciry Stare Zip+a City ofventlerlcrarun Stare Zip+a ~c~~a~-, ire ~ ~~ ~vz..~rs- AK ~~~ ' Legal Questions 'Ifyoarbusiness hos norbeen issuedohaeralflN, youmeregulredmp;ovideyourswnLerunry number. these quesgors must bz answered byshe vendor. `f [he ~rendcr answers Yzs to any auesrien, please <.uhmlr the persons name, dare uPo'ir[h, socal ; Kuriry number and pasi(iun of responsihlllry. ^'(es ^ No Has any member of management or any person wno is respmuiblefor gaming activities ever been convitted ofa felony, extortion, or a violation of a law or ordinance of this state cr anotherjurisdi<tion that is a crime involving theft or dishonesty or a violation of gambling laws? ^Yes ^No Doyeuemployorhaveacontradwiththeprimaryeralternatemembetincharge,officer, board memberormanagerofgamingfortheaboveorganization? pYes ^No po you have a contraa otherthan a vendor convactwith theorganirtion listed above? Vendor Contract to Sei! Puii-tabs ~'rVrsuant to AS ii5.15.188, the vender listed above he reby agrees to sell putt-ta bs as a vendor on behalf of rite permittee listed aba/2, he ~~rendor further agrees that, as Compensation for expenses incurred in selling pull-tags on benaif of the permittee~~~_% of the ideel nit of each game snap be retained by the vendor as compensation. permittee must recesve at least 70% of the ideal net from each game. AS 05.188(h). The vendor further agrees that an amcunt equal to the ideal net, less th e compensation o~,ved to the vendor, shall be paid'py check by the vendor to the permittee a pp n delivery of a puff-tab series. AS 05.15.1 S3(i}. It is 'farther agreed toot die vendor will insure pull-tab vWnners of S50 or mare will complete prize reczfpt forms; thatpr¢e winner summary form wil I Fx completed fcreach pLl-lab gal"C d'ly-FtS,rR9 vir~ iu(1R V~/ill I'g p6rl ~r7J) 'w'.. i.J. ~~,~IJ, ~I d die.. icW d) - rCUli-CaU ill i c S dri b='. g~dPn'O ihE Ocf i Iitc2 ~ "etaln i0l' L `lilu'PJ taro or three years. AS 05.15J87(f}_ it is further agreed that It is the vendp(i responsibility to ensure gaming aaivity at [his'/epdor location is conducted nt xtordance with all a pplitable state statutes 8fid regilldtl0rd. i ~~L".fRr agreeG ihdt lithe Vendpf, il0 longer ei~lyi6e tG Sd pLl tats :hut url Ll iJpened 3rd upC'ted pUi Idb gdnleS Sitdl LA retl:fFc6 to `t pCi ~.ree'~+iWl 1~ddyi. 'u ti,e permittee !osu the privilege tccor~iuc aalning activities, then ail unopened and opened pull-tab games must be treated in acccrdance with .S AAC 150.490. - ~.~.,i:,;: v-i ,iS dm,;e;z .ksrr.,,r a-ve ,,n_%Ms,i-~ac-u+ar}acc~_~,~r"rhsr ~r.Ne^rs'ofni.i,rrz ~",rr~r:`.~xrr. ,, ~, ~a,u. ~r ~.,.-..~, r,.v,~,z~~^^r a,:~nr mode on misdorum2nrnrat;athmems a punrshatrehvr.-~.e I:: ut;a~~ Slgnatur of member /s Registratio a~n ~~, Pfmretl name ~is$50 D'~ D ~~r~ ~ ~~~ .~~ ,,._.taroP ,-i~ ~ ~ .., . _.....,.. ~ ' ~~ ~ _~~ ~ . ,. ?i?is r2grs'.nf~on form inuzY .fie attach=d to a ~~r~i* ae;.3icaticn form and ~Htll not be Processed until thz fee is received. Qetain a ceps Eor yeu r records Alaska Department of Revenue Permnttee Signature Page Thank you for using the DOR Online Permit Application System. In order to complete your permit application, you must send this signed form to the following address: Attn: Tax Division, Alaska Department of Revenue PO Sox 110420 Juneau, AK 99811-0420 Fax:907-465-3098 __ . _. Year: 2007 TAX Permit #: Permittee Name: American Legion Baseball Booster Club EIN: 920142459 Tracking Number: 217 TOPS Receipt: We declare, under penalty of unsworn falsification, that we have examined this application, including any attachments, and that, to the best of our knowledge and belief, it is true and complete. We understand that any false statement made on the application or any attachments is punishable by law. ~'TTIG. lZ -1 )..vv or President or other officer signature ... Organization Information Permit requested for Federal Employer Identification Number Name of Organization or Municipality Mailing Address One Mailing Address Two City, State Zip + 4 Telephone Number Fax Number Organization Website Address Type of Organization Organized As Specify the organization type How will activities be conducted? Printed Signature Date 2007 920142459 American Legion Baseball Booster Club PO Box 1044 Kenai, AK 99611 9072833222 9072835340 Veterans Association Self-Directed by the Organization, Vendor Pull-Tab sales at bar! liquor store Does the organization have 25 or more members who are Alaska residents as defined in your articles of Yes incorporation or bylaws? Have the organization's articles of incorporation No changed? - Have the organization's bylaws changed? No hops://myalaska.state.ak.us/TAXOPAL/Signature.aspx 12/9/2006 Vl A U1L.,llulut~ 1 ue~.. Estimated gross receipts for 2006 Game Types Facility or Location-Specific -Unrestricted Area Based -Unrestricted Self-Directed Facility or Location-specific Game Type(s) Facility or Location Name Address Line 1 Address Line 2 City, State, Zip Ownership $100,001 or more Pull-Tabs Raffles Pull-Tabs, Raffles American Legion Post #20 902 Cook St. Kenai, AK 99611 Owned Area-based Information Area Kenai Game Type(s) Raffles Vendor Information Name of Bar /Liquor Store Rainbow Bar Address Line One 505 S Main St Address Line Two City, State Zip + 4 Kenai, AK 99611 Name of Bar! Liquor Store Jaybuff, Ina Address Line One 624 Muldoon Road Address Line Two City, State Zip + 4 Anchorage, AK 99504 Name of Bar /Liquor Store BJV, Inc. Address Line One 312 West 4th Ave Address Line Two City, State Zip + 4 Anchorage, AK 99510 Operator Information Multiple-beneficiary Permittee (MBP) Members in Charge /Manager of Games What position does this person serve? First Name Middle Initial Last Name Address Line One Address Line Two City, State Zip + 4 Daytime Telephone Mobile Number Email Address Has this person taken the test? Permit number under which the test was taken: What position does this person serve? First Name Middle Initial Last Name Address Line One Primary and Manager Lloyd Little PO Box 1963 Kenai, AK 99611 + 1963 9072833638 907-252-3473 Yes 1207 Alternate Member in Charge Willard faster 37010 Chinook St. ...per . ..- https://myalaskastate.ak.us/TAXOPAL/Signature.aspx 12/9/2006 Address Line Two City, State Zip + 4 Soldotna, AK 99669 Daytime Telephone 9072605892 Mobile Number 9072520339 Email Address Has this person taken the test? Yes Permit number under which the test was taken: 1207 Legal dnformatfan Persons convicted of a felony, extortion, or a violation of a law First Name MI Last Name Date of Birth Resp. Position Persons with a prohibited conflict of interest First Name MI Last Name Date of Birth Resp. Position Net Proceeds Dedication, Details Veteran's Assistance, Community Service, Youth Sports, Scholarships, Nurses Training, Local Police and Fire Departments, Chamber Activities, Community Assistance, RN Training, Boys/Girls Clubs, Boys/Girls State, Oratorical, Boy/Girl Scouts, Jr. Olympics, Special Olympics, Medical Assistance, Salvation Army Attachments Title (Type), Description https://myalaskastate.ak.us/TAXOPAL/Signature.aspx 12/9/2006 2007 Alaska Pull-tab Vendor Registration A registration Is required for each vendor location. A permittee may not contract with more than five vendors at one time. Apply online at wwwtaxstore.ok.us/gommg. e Information 854 federal/ERIN / ,/ Gamingcermi[b Permitteename i r-s',~-- ~~/y~,J'7~~ F < ~ ~ iAri1~ClZicr,w' 1~-'`~~ma~ i~//s.-~/~LC, i3eas,c~2CGc Phone number ~ Uembtc:a~harge %1.L~ 1d ~~ j„ 1. °rIT l-,C- Member ~ charge phcae numoer~ i ndor Information Federal ElN orsodal seturlty Dumber' Bevera~d~spensary llcenseW Parxage score licensed Gwner name ~ ~u~'~ i c - Business license q s` b39 Business name Phone number Fax number Mallingaddress Physkaladtlressofvendorocatloo Liry ` ka~e~~llp+4 ,' ~: b-otf I Ury of vender loratlos ~^ Sure AK Zip+4 c C,C~~-h.G ., Legal Questions "ltyowDusinerihof nbr6een issuedolederal FlN, you ore required ro pmvideyoorsorialsemrity numbe[ These questions must be answered by the vendor. If the vendor answers Yes to any question, please submit the person's name, date of birth, sotlal semrity number and position of responsibility, oyes g1Vo Has any member of management or any person who is responsible for gaming activities ever been convicted of a felony, extortion, or a violation of a law or ordinance of this state or another jurisdiction that is a crime'mvolving theft or dishonesty or a violation of gambling laws? ^Yes r~No Do you employ or have a contract with the primary or alternate member in charge, offirer, board member or manager of gaming for the above organitation? ^Yes ~(Ao Do you have a contract other than a vendor contract with the organlaation listed above? Vendor Contract to Sell Pull-tabs Pursuant to AS 05.15.188, the vendorlisted above hereby agrees to sell puli-tabs as a vendor on behalfof the permittee listed above. The vendor furtheragrees that, as compensation for expenses incu«ed in selling pull-tabs on behalf of the permittee 3 D %of the ideal net of each game may be retained by the vendor as compensation. Permittee must receive a[ IeasUO%of the ideal netfrom each game. AS 05.188(h), The vendorfurther agrees thatan amount equal to the ideal net, less the compensation owed to the vendor, shall be paid'oy check by the vendor to the permittee upon delivery of apull-tab series, AS OS.1S.1881i). It is Further agreed that the vendor will ensure puI!-tab winners of SSO or more will complete prize receipt forms; that prize winner summary form will be wmple(ed for each poll-tab game and reiainedwith those winning pull-tabs AS OS 1SJ87(i); and these records ofpull-Cab winners will be given fo the permittee to retain for the required two or threeyears. AS o5.15,187(f), It is further agreed that it is the vendor's responsibility to ensure naming artiviryat this vendor location is conducted in aaordance with all applicable state statutes anal regulations. It is further agreed that, if the vendors nc longer e;igible to se!; pulktabs, then all unopened and opened pull-tab games shall be returned to the permittee wi(hln 10 days. If the permittee loses the privilege to conduct gaming activ4ties, then, all unopened and opened pull-tab games must be treated in aaordanre with 15 AAC 160.490. We dedore, un olunswmn lalsi6tarian, char wehovefxamined this/ma,indudingarrachmenrs, and rhaG ro rBe besrofaur knowledgeondbelie%it is trueond romplere~We undersrondrharony/alsestate- Sign eof vend Pdn[ep name Date -~ r ~ ~~~~ , Signature of mb ge Printed name Date 6 /~ ,~~o~Y~ ,~~rr~e Iz-ii-oc~ IDepartmene use orAy: validationd iDepartmenr useonly date z[amp Registration Fee is $50 --- -- -- I Pay online with TOPS atwwwroxstate,ok.usormakeche<kpayableteStateofAlaska, ', This registration form must be attached to a permit application form and ', will not be processed until the fee is received. 854 Retain a copy for your records Form ooos esa_i eev ioioeror zoov • page i 2007 Alaska Pu{I-tab Vendar Registration 854 A registration is required for each vendor location, A permittee may not contract with more than hve vendors at one 6me. ', 1pply online a[ www,mxstote.ok.us/gaming, - ,~ermittee Information federal ~I ,~ Gaming permitf permittee name r ~,,~-~ "I ~ t~ MKE'21catw~Gao,n2iYS' ~,,~rr.~dv Gvva) Phone number Member in ch~ar9e i Member in charge phone number Vendor Information federal EW or social semnty number' i Beve;age dispensary ticensek Package store licenseM Gwnername ~ J v Busne}slicensi~ 5~~ ~a ' . ~ a ~ G i Business came Phone number fax Dumber Mailing address ~ Physical addressofv~rlocadon City ~ State ~ 2ip+a City of vendorloradon • Srzte 21p+4 c ' ~t-~' c r 5' % - ' AK Legal Questions "7/yourdusinesrhosaorbeenissuedofederoiFtN,youorerequiredroprovideyoursodolserorirynumbet These questions must be answered by rheveotloc If the vendor answers Yes [o any questlon, please sabma the person's name, dale of birth, social semrity number and position of responsibility oyes ~c Aasanymemberofmanagementoranypersonwholsresponsiblefosgamingactivitleseverbeenconvictedofafelony,eztartion,oravlolattonofalawor ordinance of this state cr another juri<.diction that is a crime involving theft ordishonestyer a violation ofgambling laws? oyes r,~No Do you employ or have a contract with the primary or alternate member in charge, officer, board member or managerof gaming for the above organization? tYes ~o Do you have a contract other than a vendor contract with the organization listed above? Vendor Contract to Sell Pull-tabs yursuant to AS OS.15.188, the vendor listed above hereby agrees to sell pail-tabs as a vendor on behalf of the permiree listed above. The vendor further agrees that, as rompensa[ion forexpenses loaned in selling pull-Cabs on behalf of the permlttee~ -3 D ~D %ofthe ideal net ofeach game may be retuned by the vendor as compensation, permittee must receive at least 70%ofthe ideal net from each game. AS Os.188(h). she vendor further agrees that an amount equa' m the ideal net lea the compensation owed to the vendor, shall be paid by check by the vendor to [he permittee upon delivery of apull-too series. AS 05.15.188(1). It Is further agreed that the vendor will ensure pull-Cab winners of $50 or more will romplete prize receipt forms; that prize winner summary form will be rompletpd for each Dull-tab gameand retained with Chose wlnningpull-tabs AS OS 15.187(11; and these records ofpull-tab winners will be given to the permittee to retain for the required two or three years. AS OS.15.187(f). dtis furtheragreed that If Is the vendor; responsibility to enstirQ gaming atC4viry at thi<, vendor location ismnduc[ed ir, ittordance with all appliGZble state,taiutes and regulations. It is further agreed that, if the vendor is no longer eligible tosell pull-tabs, then all unopened and opened pull-tab games shall be returned to the permittee within 10 days. If the permittee loses the privilege to conduct gaming a(tlviCies, then all unopened and opened pull-tab games must be treated In accordance with 15 AAC 160,490. We deAare, under y Ionswcm fatsificarion, rhatwehave zxa - drhis rarm,ind 7ng attachments, and that to thebesrafour knowledge andbetief lr is tmeaad:amplete.Weunderzmndtharonyfalsestate- mentmade hisdocu entorattachmentsis~emshablebyn'a ~ Srgnatureoi mber'rncnar J/ // Printed name ~ Wce t./`~ / C/ 1.~0`/b ~-IrT~E J2-11-OCo '.. nepartmertute ooh: vafda8on& '~. Department use only: date scamp Registration Fee is $50 -- - -- - Pay online withTOPS atwww;oxsmte.ak.us or make check payable [o State of Alaska. - - This registration form must be attached to a permit application form and ' will not be processed until the fee is received. 854 Retain a <opyfor your records Form Ou05 Bs?.t Rev 10/oE for 2007 ~ page I 7 A~as~a P~l~ ~ ~'~nd~~ R~~~s~x~~i~~ +,nw„T,LG7:.[G"j6?: PC'PYktt£~.~.'itf''3:'., w+.*iflncPzAti ~>@.CF',:;T:'".7Qi xeo,Ttwrl.i~tcA:"~'4'tA:4°t.^Aa4iL, ,i:a.:z 3TA°et Q. j, ~~ Qr.~aarz ~ ass # ^^~s;*:,..~ ~ ~ ,.~ r~; ;_?"fzS $~a 4~.'S*S'I^Pi;'L'CT t,.il.:^«vT."^Pz'::itT Ci2-3]?~?^~~i'^' °wbvai";~-!?~?axah.a S+.a"lP,G C~i6.stidr"'e?!-rte +~^~u:1.:2~u t^u s .,.:' 3 i °'G~:;Q.i#7.u uz~ti:.;. lzt3)AC2^3E~S ~."t31PV"w 3A,t3?~??t;CdlPa"Si3~itik7BE$1+^Qd<3'~ iN lM'41~t9A+"' t,~',i~ wS'4'351 $1S:$iY"?`341.'+,~.CP ~ 3'"3;:i'X'~'++lAs i4+': iiT'~ ~~d{} ~dA`AP;di'F#2~~:'w P~'~tl'3,^:1'(J:1Yok?:"'::'~ii°"a">t fd3~tTFi3`,:Ai:"t}3~.'7R..:d1~., t+~ieYr~A~T:?ia:.'T'bCi'u: ?13? r:.F.,.'.,',3::i PPyi<. .''t", ~~'~1€Tk^v..'rv"` ~T°,'~ 1`$3 ~l "u`<^AU~.QI:it. 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W._ _, _ v _,.._ .no- ~ ..-r~a^a~' _., '~'ha t?1I1?11;23; 9'i sat xelu?? ..a{''))"''~"','1ir1^t° °43'~~rm~' {. ~'7i#~1 ?. . ~OFCS 6C€GdCtQdt~AiE~iROP$$~k@d~E~'~k2P~~m~~6@6B,tf'#'~C{[y{9 ~P6€Ilk 3EdP~ 4(OtaF $t@ QEt4l~ Cttklh~ 16LE~@E~. YS LEC@kdk@~. .`~7i'1GL REEdI'Ei3tE1~'6w~t4P~tfFdi'?e46&dS t-m„a--+y st*Ptc,y fit. lea:' ~eye~e e~eae.~cae~au.~ ~h..~ttl.^c+~iL:3iT LR,=N`v,:cC2h ~a„~,, ~Et@S\ C„.3. ~5'dP~'pc.s~+r y,.'. ~... ¢sc.~, ~ . «.: pP_.,^S'17"„t~•.:: ~""._ ._ ~... ~,~'i'.e[ .,a-..''L. 3 ..'1 ..ws, I~e~E~fQ~6 ~~ ~S ~~~ __ Have the organization's articles of incorporation changed? Have the organization's bylaws changed? Estimated gross receipts for 2006 Game Types Facility orlocation-Specific -Unrestricted Area Based -Unrestricted Self-Directed Facility or Location-specific Game Type(s) Facility or Location Name Address Line 1 Address Line 2 City, State, Zip Ownership No No $100,001 or more Pull-Tabs Raffles Pull-Tabs, Raffles American Legion Post #20 902 Cook St. Kenai, AK 99611 Owned Area-based Information Area Kenai Game Type(s) Raffles Vendor Information Name of Bar I Liquor Store John R Young Address Line One 44705 Spur Hwy. Address Line Two City, State Zip + 4 Kenai, AK 99611 Operator Information.... Multiple-beneficiary Permittee (MBP) MBP Name American Legion Family Association MBP Permit Number 1785 Location-specific Game Types Pull-Tabs Area-based Game Types Raffles Members in Charge /Manager of Games What position does this person serve? Alternate and Manager First Name Lloyd Middle Initial Last Name Little Address Line One P.O. Box 1963 Address Line Two City, State Zip + 4 Kenai, AK 99611 Daytime Telephone 907-283-3638 Mobile Number 907-252-3473 Email Address Has this person taken the test? Yes Permit number under which the test was taken: 1207 What position doesthis person serve? Primary Member in Charge First Name Brent Middle Initial Last Name Willden Address Line One P.O. Box 1963 Address Line Two https://myalaskastate.ak.us/TAXOPAL/Signature.aspx 12/9(2006 ~.. _ .,-a___.....__ _ _a_ - City, State Zip + 4 Kenai, AK 99611 Daydime Telephone 907-283-3638 Mobile Number Email Address Has this person taken the Yest? Yes Permit number under which the test was taken: 1207 Legal Information Persons convicted of a felony, extortion, or a violation of a law First Name MI Last Name Date of Birth Resp. Position Persons with a prohibited conflict of interest First Name MI Last Name Date of Birth Resp. Position Net Proceeds Dedication, Details Veteran's Assistance, Community Service, Youth Sports, Scholarships, Nurses Training, Local Police and Fire Departments, Chamber Activities, Community Assistance, RN Training, Boys/Girls Clubs, Boys/Girls State, Oratorical, Boy/Girl Scouts, Jr. Olympics, Special Olympics, Medical Assistance, Salvation Army Attachments Title (Type), Description https:/fmyalaskastate.ak.us/TAXOPAL/Signature.aspx ].2/912006 ~~~ ~las~a R~1~-~a~ ~~~d~r R~gss~r~t~~~ ap'°4L~'ic{:Ta~'1~"Qkk'1t ~'^,8%Y7 ..,Tlta:.141 ~tY'P,p;F'.'*'''a4 tlti~.d:1:T:Yic LiP PRh'a`~."'u;;;C82?t??tQb`.T. a`i.JIF'3i"E. t"Q'tt QL4'?4k'~dF "L Q~1 _4`:a?' n, + ° ~~' d$'.'~3 9'^.v ~!t,r~'rte'.'d&;!Il?€?a~F??°a"~'U!F'Y+.zL„'ri 1iKi.^...N°.~(,"'ur'E'3Y.t^v' ,F.~.A"!.R<;.xrr ~~,:~c`:°~c'f:, .s3Td:[C'.~:^I,. acl~~ 1.,t"z..',~tr1. QrE, 4~1!~Ti'.7i'. u~43817.t•'. ash:~7acF=~€tG1~s2aieQS:~nasceri€+o7si:&~r~n',te,~t~a ~iatacint~iv~ng;i;~': ~s'r:i~r-re~'~ a a cra6~'~e~mr~;a~t~~a,~LL:;t ~yiFv $".h4i? 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"~a :h;1r `... ~~?~E~t~`ati~k~ 6~ ~~ ~.F~ Alaska Department of Revenue Permittee Signature Page Thank you for using the DOR Online Permit Application System In order to complete your permit application, you must send this signed form to the following address: Attn: Tax Division, Alaska Department of Revenue PO Box 110420 Juneau, AK 99811-0420 Fax:907-465-3098 Year: TAX Permit #: Permittee Name: EIN: Tracking Number: TOPS Receipt: 1484 Sons of the American Legion Squadron # 20 920147293 We declare, under penalty of unsworn falsification; that we have examined this application, including any attachments, and that, to the best of our knowledge and belief, it is true and complete. We understand that any false ,statement made on the application or any attachments is punishable by law. or =bo/J LrTrcc TZ-tr-~~t_,d Printed Signature Date C~ l:s or other officer Org¢nization Information Permit requested for Federal Employer Identification Number Name of Organization or Municipality Mailing Address One Mailing Address Two City, State Zip + 4 Telephone Number Fax Number Organization Website Address Type of Organization Organized As Specify the organization type How will activities be conducted? Date 20D7 920147293 Sons of the American Legion Squadron # 20 PO Box 1044 Kenai, AK 99611 9072833222 9072825340 Veterans Association Self-Directed by the Organization, Vendor Pull-Tab sales at bar /liquor store, Multiple-beneficiary Permittee in partnership or joint venture with 2 - 6 organizations Does the organization have 25 or more members who are Alaska residents as defined in your articles of Yes. incorporation or bylaws? https://myalaska.state.ak.us/TAXOPAL/Signature.aspx 12/9/2006 Project Status Report A=Active NC=Non-Construction F=Future STIP=State Trans. Imp KK -Keith Kornelis JL -Jack La Shot RS -Robert Springer MK -Marilyn Kebschull Jet -Jan Taylor ~+'b-7 A/NC/F/ City Contact Project Namo Status srn A KK Activate Old Wells Public Works is looking at existing wells in our search for water system improvements. HDL working on arsenic ground water study. Samples from private wells taken 9121/06. A MK Airport Supplemental Planning Proceeding with implementation. Assessment A JL Airport Terminal Modifications Closed out. A KK City Parking Lot Improvements Parking lot improvements to library, public safety, city hall, senior center, and recreation center. Project being considered for addition to LID's Paving Projects 2007. Nelson is designing project. A JL Contaminated Soils -Shop Sewer installed. Oil/water separator work to do, restrooms in spring. A KK Kenai Boaf Launch Improvements A KK Kenai River Bluff Erosion Control Project A JL Kenai Soccer Fields Peninsula Construction has completed this project. The Corps has received funds to help with the 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 wells. Re-bid February. A KK Lawton Drive Water Main WH4 Nelson completed design but needs to add water to Swires main from old WH4 site to WH2. Waiting to get results from water wells evaluation and decision on how City is going to improve the overall water system. Wednesday, December 27, 2006 Page 1 of 3 A/NC/f/ City Contact Project Name Status SiAr A KK McCollum/Aliak LID Engineering design, surveying, ROW, and inspection awarded to Nelson. Project scheduled for 2007. Added Japonski to project. Council directed to continue with project by approving Resolution 2006-67. A KK On-Site Wells Project waiting on Municipal Water System Improvements. To decide if need on-site wells at ballfields and parks. A JL Parallel Taxiway Resolve liquidated damages and closeout. A JL Runway Safety Zone/Extension OAP shut down until March 1, fencing work to continue, generators to be installed midwinter or spring. A KK Set Net Drive LID Nelson completed design. All bids rejected -going to bid all paving projects together in 2007. A KK WH 2 Orca Tech did jar tests for color removal at WH2. Good results. City looking at a pilot test for color removal. A KK WH 4 Filtronics, Severn Trent, Kinetico, Pureflow Filtration Systems are still interested in treatment systems. F KK Angler Drive LID Public hearing was held on December 6, 2006 - project scheduled for 2007. Council directed continuation with project by approving Res. 2006- 66. F KK Boating Facility Exit Road Street crew has built this exit road. We still need to work on 1 /2 of the parking lot and widen the road. DOT driveway permit onto Bridge Access Road has been applied for. F JL Maintenance Shop Preliminary plans and specifications complete. F KK S. Ames and Thompson Park Property owners are circulating petitions for LID's LID's Wednesday, December 27, 2006 Page 2 of 3 A/NC/F/ City Coeta~t Prejeet Name Status stm KK Shamrock Circle LID 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. STIP KK DOT -Bridge Access Pathway Pathway along Bridge Access Road from K-Beach to Spur 3.3 miles...Project in environmental assessment. Design scheduled FFY08. Construction after FFY09. Wednesday, December 27, 2006 .~ I~CIVAI E'IVNV a(lLt4 FORlJCaF/ Jeanne Camp, Economic Analyst 0 144 North Binkley Street ®Soldotna, Alaska 99669-7520 jcamp@borough. kenai.ak.us Toll-free within the Borough: 1-800-478-4441, Ext. 2336 S~ PHONE: (907} 714-2336 • PAX: (907) 714-2377 ` _.~,www.,borough.kenai.ak.us BOROUGH MAYOR December 22, 2006 To Whom It May Concern: -" " In an effort to provide economic data in a more efficient and timely manner, the Kenai Peninsu/a Borough Quarterly Reports of Key Economic Indicators will no longer be published in printed form. Data will be provided electronically in pdf format on the Kenai Peninsula Borough website - http~//www borough.kenai ak.us/Econ/default.htm. This document cannot be published until all construction and sales data are received for the quarter. In addition to the pdf file, data will be available in html format as soon as it is received, on the same website. The website is being reformatted to provide these options. if you would like to be alerted to information updates on the website, please send mean email at icampCa~borough.kenai.ak.us. Your name will be added to the distribution list that will be used for that purpose only. Some have called, asking for July through September 2006 sales data. You may be aware that the KPB has implemented a new sales tax program, effective July 1, 2006. The project is tedious and exacting, causing a delay in release of sales data. At the current time, only total gross and taxable sales by area for 2006 are available. Neither sector data nar historical data has been made available to date. During the software upgrade the KPB is also implementing the North America Industry Classification System (NAILS), industry coding which replaces the Standard Industry Classification system (SIC), and more accurately delineates industry activity. The annual Situations and Prospects will also undergo change, but will continue to be available in printed form. To re-verify our current mailing list, please respond to jcampCc~borough.kenai.ak.us requesting continued receipt of the publication. Please include the preferred mailing name and address. The report is generally mailed out during November of the year following the year being reported, and is made available in electronic format on the Borough web page as early as possible. Thank you for your patience, and your continued interest is the KPB economy. Jeanne Camp, Economic Analyst L,~-9 JACKIE B. OBERG 406 Rogers Road Kenai, AK 99611 602-909-9853 (Cell) .iboberg@~ci.net 29 December 2005 Dear Mayor Porter and City Council Members HAPPY HOLIDAYS!!! As we begin a new year with plans, preparations and resolutions, I respectfully request you not forget the Kenai Community Library. We have the best little library....with staff and volunteers extraordinaire!!! BLTT, we are busting at the seams. We NEED to expand. Please consider all the options and assure we continue to be the best in small town libraries. Thank you, Jackie Oberg F `7' jannary zoo? CHAMBER LUNCHEQN SPEAKERS Javay2 NO LUNCk~ON Jawary9: LeeShmre Carter l~uatylb: Sh~eftoan, KPBAs~.ss'ug Jznuary23: T200 & PenmsulaWimerGames `"~>ary30: Elaine Maimon,UAAChancellor What's Happening... Board Retreat .............................Jan 12 KenaiAwards Reception..........)an13 Martin Luther King Jr. Day... Jan 75 PWG MonopolyTournanient.Jan20 Native Youth 0lympics.........._Jan 20 NildskiChambcrAwuds....... Ju?27 Tustumena 200 .........................Jan 27 JA1V'UARY INSERTS Jan. '07 Calendar Peninsula Winter Games X-mas Tree Lighting Thanks Crime Stoppers We're kicking off another exciting year of G ~ community events planned throughout 2007. First to come is our 48th Annual Award Reception. You don't want to miss it! There SWAY will be a delicious Prime Rib & Seafood dinner, great people and last but not least a fantastic TUNE®1 award presentation. CALL THE CHAMBER @ 262-9814 FOR YOU R TICKETS TODAY!! ~3~~ ^~I2~1~(X/G J ~.~rX~~ ozaq ~~pza~.yygz~-hy r~^.~, ,.~~i~a>n~ire ItYYI1KV ~OIN CJS I~rT 1 HE CR0551NG ~,ESTAURANT Thank you for belying us recognize our outstanding businesses and individuals "~ p ~R.ECEPTION & DINNER FRIDAY, aFEBRUARY Z, ZOOS ~J30 ~~ 53S t~ER 1"- ERSON from fih~ hoard o f 9ir~tor~ &t eta f f Liso Roberts -President Key Bank 7144284 Ryan Kgpp- Vlce Presldent Etlward Jones 262-6336 Evy Gebhartlt-Past President Peninsula Clarion 283-7551 Keri Hiler Southcentral Titla 262-4494 im Pope Natron Air 262-8440 Norm Blakeley Alaska'rading & Loan 262-6100 Bill Gifford Commodores Guide Service 260.5605 Afice Paulson Soldotno Inn/MYKELS 262-4305 Ternan Coval Peninsula Radio Group 283-7423 Catherine Booth 394-3901 Dan Mortensen 4-0Carpet One 262-9181 Jim 5togstlill Soldotno City CounUl 262-5622 CHAMBER ~ VISITOR CENTER STAFF 44790 Sterling Hwy Soidotaa, Aiaeke 95669 Phone 907~261Ae15 Fox 907~i61d566 svww solaatnachamAe..min pV ~ ~ l® c Residential Winners Commercial Winners 1st -Jay C. cC Karen Smith 1st - Profesional Home Iy 48939 Jones Stub Road ...tl.~ 2nd -Frank & Beverly Couch 3rd -Gary & Sharon Hale 140 Henrich Circle ~~ ~ O ~p O ~ 1 ~\ a` ~~~ o~ j/fit! t ly ~ ~h „'vim 2nd - Dr. Robert Thompson 3rd -Kenai Peninsula Orthopaedics Thanks to everyone who participated in our Christmas Decorating Contest this year. ~" ' - above wnniers received. an energy credit from Homer Electric Association for their sub; efforts to spread holiday cheer through their decorations. Michelle Gloves, ExecvHVe Director twasapicturesque night December 8th that warmed your heart and spirit. OurAnnua Tree Lighting was an evening dire<rer~soldmna<hamber.<em filled with holiday cheer and of course holiday lights. Hundredsoffamiliesgatheredatour2006AnnualTreelightingat Central Emergency Services in Soldotno. We proudly offered free cookies, hot chocolate & coffee, goodie bags, holiday craft projects, sleddog rides and a chance to tell Santa what to put underthe tree this year. With the help of Mayor Carey Syivio Reld, Viseor Center Coordinabr we also dedicated a yellow ribbon tree to honorthose serving in the armed forces. 'mfo@soidof nac ha m ber.com We couldn't continue this time honoured tradition without the help of our volunteers and generous sponsors. Lori Goodman, Pro)ecf Coordinator IDIILa soldoin ac ha mbecco m Ndckl Schlffman, Bookkeeper mlc klQSOltl otnacham becco m RIVER CITY PULLTABS 131 Warehouse Avenue, Soldotno Rebecca Hanson, Sfore Manager #485 260-6100 d • • • r `~-~ As a membar of the Soldotno Chambm~ of Cmmnerce ym're mdfBml to one FREE btsert in "~ ~~ ~;~) `~ ma' monthly new~etter eatdt yem~. Any adf0~mtd inserts ~e anty S30 per ~nri ~!"' easy -just drop off 700 cafes to our office before tie: ?5th of each month and ya- ~ , toudt with a wimie new audience!! r i ~, vrs o~ r~E n Lauren Sennett, SOHI Jennifer Holland, Skyview Jared Duncan, Soldotna Middle 31st Annual Peninsula Winter Games From January 20.28, 2007, hundreds of athletes, coaches and Families Erom throughout the State of Alaska will be visiting the Kenai Peninsula to participate in the Peninsula ~;., Winter Games(PWG). The Peninsula Winter Games were stared back ,.. in 1973 by the late Mr. AlYork,amemberofthe Soldotna lions Club. Mr. Yorkrecognized the need to create an event where the local. children would have an opportunity to enjoy sports, games ~ youthoriented events during thewinter season T qtr.John.Torgersoncarriesonthetraditionwiththehelpof t n[naLionsandnumerousvolunteers. While thespothght oE~. i'WG is onthe kids, this premier winter carnival also brings visitor ttaEfic to our cotmmunity during the winter season. The continued success oEthe PWG depends onyou, the members of this community. If you wouldlffce to learn mom onhow you can help please contact the Kenai Peninsula Tourism Marketing Council at 262-5229. For more informationoracompleteschedule of events please ]og onto their website at www.peninsulawintergames com fr®®/ ~®^~~lii ~ f/'~V ! e6i The Soldotna Chamber of Commerce held its Annual Board Election last month. Special thanks to our candidates and voting members. The 2007 President is Lisa Roberts with Key Bank. Elected members of the board are Evy Gebhardt (Past President) - PeninsulaClarion, Keri Hiler -Southcentral Title and Alice Paulson - MykelslSoltlotna Inn. We are pleased to welcome 1-year ap- pointed members :Catherine Booth -Residential Mortgage, and Tiernan Coval -Peninsula Radio Group. Jim Stogsdill will con- tinue as the Soldotna City Council representative. Outgoing board members include: Sammie Cole -Southcentral Title, Si Zimmerman -Peninsula Harley Davidson and Ken Lancaster - Lancaster Enterprises. Thanks to Ken, Si & Sammie for their time an' roing commitment to the chamber. Nominations for new of gill be made atthis month's board meeting on January 12, 200x: Refer to page 2 to for a complete list of the 2007 Board of Directors, or log onto our website at: www.soldotnachamber.com. oufsfanding students each month. THANK YOU BOB!! r- --/~=-------------®-~ I 2®®V S®I~D®ThIA C I3E,R I AWARDS I\I®IMINATI®I``[S The Soldotna Chamber is looking for outstanding businesses and individual's to recognize at our 47th Annual Awards Recep- tion, scheduled for Friday, February 3, 2007 at the Soldotna Sports I Center. If you would like to see a person or business awarded please turn in a nomination to the Soldotna Chamber office by 5:OOp.m. January 5, 2002 Nominee's Name: Title: Company's name: NOMINEE CATEGORY: I ^ Person of the Year ( ^ Business of the Year ^ Volunteer of the Year ~ ^ Devoted Service to Young People and Youth Activities ~ ^ Excellence in Profession ^ Pioneer Award. S Submitted by: Phone: - Drop off or mail your nominations to: ( Soldotna Chamber of Commerce 44790 Sterling Hwy., Soldotna, AK 99669 Fax to: (907) 262-3566, or Email: erica@soldotnachamber.com -._s .............J Bob Sizemore gladly sponsors lunch for our OuR MISSION STATI~MENT "TO PROVIDE ENHANCED SUCCESS OF OUR 112EMBERSHIP AND SERVE AS A DRIVER IN DEVELOPIN"°° SOLDOTNA'S FUTURE" The Soldotna Chamber Connection is a monthly publication of the Soldotna Chamber of Commerce. This publication is sent to members and associated organizations. Comment or suggestions to ehe newsletter are always welcome ®~ OPE1N 7 DAYS A WEEg ~ ~~ ~,~$~ ~. ~®~ 24 I3our .Access v t02tS0,~IIitS ~g MiN Storage M1tanager&O[ficeOnSite 1~6~402~,e~y SideoSun~eiUance Well I,ig6ted knits Senior Discounts 20~40ft. Container Sales File Storage Cabinets 20X401t Conncs Containers on & off Site Keypad Coded Mcess Open &Covered St<nage~ for Rtes, Boars & &4otorhomes 1'ermterer Ferree & Electric Crete 907-262-4771 PL7s 19.8 &Be~h Ad. - Sddame - aunn.nlohincrom - @aceals~m.n~ PresortE PAI SOLDOT , PERMIT#5 Soldotna, AK 99669 City of Kenai Mayor Pat Porter 210 Fidalgo Ave. Kenai, AK 99611 ~v w so`~cT"otna Tiamber.com 44790 Sterling Highway ~i~ntraf l~~r~i~sia rirn~ St~~pers, ir~c. P.O. Box 1341, Kenai, Alaska 99611 (907} 283-8477 • 1-800-478-HALT www.crimestoppersonline.com To: Members of the Soldotna Chamber of Commerce: I would first like to take a moment to thank the businesses that contributes organization last year, both monetarily and in-kind (donations). They were very much appreciated. In recognition of National Crime Stoppers Month, presented below are some of our highlights from 2006: Here's a brief summary of our activities in 2006: In the past year we changed our bylaws to allow the communities of Seward, Moose Pass, and Hope to be included in our service area (which now encompasses the entire Kenai Peninsula}. We went Internet, and tips can be now submitted via www.crimestoppersonline. com. Computer based tips have been running about 20-25 the last few months. We are preparing presentations, for use at high schools and public forums. These will begin once a laptop and projector are acquired. We stepped up our advertising, and even had a float in the Progress Days parade. It's obvious that more people are aware of who we are now. Two of our Board members represented us at the International Convention in New Mexico, and were able to bring back a lot of good information from it. My thanks to them, because they burdened most of the cost of attending this event. Our partnership with the Kenai Police Department and Alaska State Troopers D.A.R.E. (Drug Abuse Resistance Education) programs continues. In addition, we recently formed a partnership with the proposed Kenai Police Department Canine Unit. One of our goals in 2007 is to publish a periodic newsletter that will be a good resource guide on crime and crime prevention. Since its inception in 1983, Central Peninsula Crime Stoppers, inc. has provided local law enforcement with information that has led to 250 arrests and nearly 2 million dollars in recovered property and narcotics. Our goal is to expand on those statistics. We always welcome new individuals to participate on our Board of Directors. On the opposite side of this letter is an application for Board membership. A minimum time commitment of one hour per month is required. Please call me at home, 262-2758, if you have any questions regarding our organization. Yours very truly, ~=~~~ Sharon Nusunginya Chairperson Central Peninsula Crime Stoppers, Inc. Board Membership Questionnaire P.O. Box 1341, Kenai, AK 99611 Sharon Nusunginya (Chair) 262-2758 Sgt. Gus Sandahl (Police Coordinator) 283-7879 Nominating Committee: (All information is confidential) NAME: ADDRE TELEPHONE:, (Home) (Work) _ (Fax) (Cell) _ PLACE OF WORK: BIRTH DA 1. Have you served on community boards in the past? If so, where and how long? 2. Have you ever been charged with a criminal offense (non-traffic) or have you ever been convicted of a misdemeanor or felony? If so, explain. 3. Did a member explain Crime Stoppers to you? 4. Do you anticipate anything in the coming year that would interfere with you attendance at the regular monthly meeting (typically 2nd Tuesday of the month)? If yes please explain 5. Would you be interested in serving on any of the following committees? (Circle one or more if interested) Fund Raising Promotions History & Records By-Laws & Standing Rules Nominations 6. Do you know someone who might be interested in participating on the Crime Stoppers Board of Directors or Advisory Committee? If yes please list them below: 7. All nominees must consent to a background check of their criminal history. Please sign here that you consent to the background check: ~ MONOPOLY TOURNAMENT '; • ~ SATURDAY, JAN. 20TH e. 5:30 Registration (adults) A $ P E N . ' •• 6:00 Game Begins H O T E L S "~ SUNDAY, JAN. 21ST ~ a=n ^~^+^~•=k~ ~ eau- Nowt 2:00 Registrntion (kids) ~pTNA. ,.sracE is Isxsreol „g S'.` ' 262-5229 2;30 Game Be ins g Coordinated ~~ by KPTMC 23g~ ANNUA TuSTUMENa 2oa SL D D®G RACE CEREMONIAL START SATURDAY, JANUARY 27TH t 10:00 at Kenai Chrysler Center ; " ~' 2:OOPM OFFICIA4 START T200 ~~ ec 23rd Running, Mile 111 ~ Kasilof A ponsors of The 2 7 Peninsula inter Games ~ r~~~7®~/ ~I'1{/@'~VYOn/'',r,,, CLARION ~` R cN RYStER CFNLER KDLL BIB FM PURLICR~IO~AMMR 1~®~®~r®~~II'I~~ b~ Agrium, Anport EcryipmentRentals, Alaska Sparken, Alaska USA Federal Credit Union. Aspen Ho[els, B&D Auto Carlile, Coca-(:ola, Dcnny's Auto Body & Repnn, Ureycr's, Era Aviation, Firc AtT by Gnu Fred Meyer, GLM, Hall Quahtv Huilders, Hmmnond Ti coking & Excavating, Hanaon's Custom Carving, }{omcr Electric Assocation, Instant Replay, KDLL/KHBI. Kenai Peninsula borough, Kenai Peniivsula Hockey Assoc~ecion, Kenai Rivor Sporlfishing Association, Peak OilCreld Services, R&K Industrial, Scout Lake Consmtction, Soldotna Professional Pharmncy, Soldotna Rotary, Spcnard Builders Supply, Snue Harbor (~ Seafoods, Subway, Swcency's, Tcsoto Alaska, Udclhovcn Oilfcld System Services, United Rcntels, Uptown Mofcl, XTO Encegy. C~,SRM Dan't Miss The Kids Carnival Saturday, January 27th At The Soldotna Sports Center from 10 a.m.-4 p.m. SPONSORSHIP OPPORTUNITIES STILL,AVAILABLE ` SEE OPPOSITE SIDE FOR MORE DETAILS! .' ,,, fireworks Sgonsorerl by Alaska Dodge Dealers & Kenai Chrysler Center:" PENINSULA WINTER GAMES "It's About the Kids!" ®N O HIP PLEDGE Yes! I would like to pa~tnet~ with the Peninsula Winter Games ^ COMMITMENT: Booster Club ($25-$99) For more information ^ COMMITMENT: Ivory Level ($100-$249) °n sponsorship ^ COMMITMENT: Bronze Level ($250-$999) reco opportunities and gnition please see the ^ COMMITMENT: Silver Level ($1000-2499) entire sponsorship packet ^ COMMITMENT: Gold Level ($2500-$4999) posted online at ^ COMMITMENT: Platinum Level ($5000) peninsulowintergames.com Thank You Foy Your^ .Support! ^ I wooltl like to peomide a silent auction Item torthe PWB Monopoly Toomament Items will be displayed and sold during the very popular annual tournament scheduled for January 20, 2007. Great chance to showcase your product! ^ twould like to provide a doer prize fer the Peninsula Winter Games Sponsorship Banquet This fun evening event is very well attended by kids and sponsors alike. All donators will, be recognized as prizes are being handed out. Company: _ Contact Person: Address: City: State: Zip: Phone: I have enclosed a check for the amount of $ Please bill me for the amount of $ Please charge my credit card for the amount of $ _ Credit Card # Exp. Date Printed Name: Cardholders Signature: Fax: Please return this form via fax to (9Q7) 262-5212, or by mail to: Peninsula Winter Games, P.O. Box 265.5, Soldotna, AK 99669 v > t 7 ~ Z ~ ~ ~ ~ ~ N O r ~ ~ " cs C H u. ; ~ o °~ ~ L N ~ A 1 ?~ .mac. c E r ~i p°ir°, o ,° oQ d s v ~ ~~ N ~ ~ ~ s ~,~ >~x~' A ~ ~ 'O O ~ C ''~' .~ z ~~°, a U o ~, C N as U oa ~ ~~~~~~. 'V u M .~ ~ ~ lD ~ M li ~< 2 L^ M ~r VJ ti Pl. V~ M _T T m y x m c ¢ c H ~, ~ ~ " ~ ~ 0 ~ ~ ~ o m ~~: b N ~] '~. M O Pl M s ~~ ~ ~. ;. ~ ,. ~ ~ ~~ s~~, ~_ ~~~' '~ ~~ ~' ~. AGENDA ENAI CITY COUNCIL -REGULAR MEETING c~~.. JANUARY 3, 2007 - 7:00 P.M. KENAI CITY COUNCIL CHAMBERS RENBEOIRgIN http://www.ci.kenai.ak.us U ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) 1. Holly Highland -- Alaska Fire Training Facility (PRISM)/Use Alternatives ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker) t. Ordinance No. 2203-2006 -- Amending KMC 1.15.730 Entitled, "Telephonic Participation" to Emphasize Responsibilities of the Council Member(s) Requesting Telephonic Participation of a Council Meeting. 2. 'Application for Liquor License Renewal -- The Rainbow Bar/Beverage Dispensary. ITEM G: UNFINISHED BUSINESS ITEM H: NEW BUSINESS 7. Bills to be Ratified 2. Approval of Purchase Orders Exceeding 575,000 3. Approval --Airport Terminal/Non-Exclusive Restaurant Concession Contract -- Sherry McBride and Teea McBride, d/b/a Kenai Cafe. EXECUTIVE SESSION -- None scheduled. ITEM N: ADJOURNMENT The public is invited to attend and participate. Additional information is available through the City Clerk's office at 210 Fidalgo Avenue, or visit our website at http://www.ci.kenai.ak.us. Carol L. Freas, City Clerk D/211