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HomeMy WebLinkAbout2007-05-09 Planning & Zoning PacketCITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS May 9, 2007 - 7:00 p.m. 1. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Consent Agenda d. *Excused Absences • Roy Wells (Requested via email) • Rita Srnagge (Request submitted to City Clerk) Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non- controversial 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. *April 25, 2007 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS: a. PZ07-13 -Preliminary Plat ~-Endless View Subdivision (A re-subdivision of Lot 8, Block 20 Original Townsite of Kenai and Tract A Kenai Municipal Reserve Subdivision No. 1). Plat submitted by Whitford Surveying, P.O. Box 4032, Soldotna, Alaska. b. PZ07-14 -Preliminary Plat -Valhalla Heights Subdivision (A replat of Lots 13 & 14, Block 11, Valhalla Heights Subdivision, Block 11, Park 4}. Plat submitted by Integrity Surveys, 8195 Kenai Spur Highway, Kenai, Alaska. c. PZ07-15 -Preliminary Plat -City Park Subdivision No. 2 {A replat of the remainder of Lot 129 and Lats 130, 131, and 132). Plat submitted by McLane Consulting, Inc., P.O. Box 468, Soldotna, Alaska. 5. PUBLIC HEARINGS: 6. OLD BUSINESS: a. An Ordinance of the Council of the City of Kenai, Alaska amending Title 11 of the Kenai Municipal Code by eliminating the City of Kenai Harbor Commission, reassigning its duties to other entities within the City of Kenai an updating regulation of the harbor area - Discussion 7. NEW BUSINESS: 8. PENDING ITEMS: 9. REPORTS: a. City Council Agenda -May 9, 2007 b. Borough Planning c. Administration 10. PERSONS PRESENT NOT SCHEDULED: 11. INFORMATION ITEMS: a, Letter to S. Maltby, The Peninsula Oilers -Cancellation of PZOS-29 12. COMMISSION COMMENTS & QUESTIONS: 13. ADJOURNMENT: Page 2 Work Session Immediately Following Regular Meeting -~ "Proposed Central Mixed Use Rezone Residential Use Overlay" i ti CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS Apri12S, 2007 - 7:00 p.m. 1. CALL TO ORDER: a. Roll Cail b. Agenda Approval c. Excused Absences d, Consent Agenda *All items listed with an asterisk {*} are considered to be routine and non-controversial 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. *April 11, 2007 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS: a. PZ07-12 -Preliminary plat for Colonial Park Subdivision (A subdivision of Government Lot 160). Plat submitted by Whitford Surveying, P.O. Box d032, Soldotna, Alaska 99669. 5. PUBLIC HEARINGS: 6. OLD BUSINESS: 7. NEW BUSINESS: a. Discussion -Proposed Council Ordinance/Reassignment of Harbor Commission duties to other entities. S. PENDING ITEMS: 9. REPORTS: a. City Council b. Borough Planning c. Administration 10. PERSONS PRESENT NOT SCHEDULED: 11.. INFORMATION ITEMS: a. Zoning Bulletin {3/1107} Agenda Apri125, 2007 12. COMMISSION COMMENTS & QUESTIONS: 13. ADJOURNMENT: Page 2 Work Sessions Immediately Following Regular Meeting -- "Proposed Central Mixed Use Rezone" and "Preservation Plan Update" CITY OF KENAI PLANNING & ZONING COMMISSION APRIL 25, 2007 KENAI CITY COUNCIL CHAMBERS 7:00 P.M. CHAIR JEFF TWAIT, PRESIDING MINUTES ITEM I: CALL TO ORDER Chair'I~vait called the meeting to order at 7:00 p.m. 1-a. Roll Call The roll was taken by Contract Secretary Roper and confirmed as follows: Commissioners present: J. Twait, P. Bryson, R. Smagge, T. Lewis, R. Fullinck, S. Romain Commissioners absent: R. Wells Others present: Councilperson R. Ross, City Planner Kebschull, Department Assistant Carver, Contract Secretary B. Roper A quorum was present. 1.-b. Agenda Approval MOTION: Commissioner Lewis MOVED to approve the agenda as presented. Commissioner Bryson SECONDED the motion. City Planner Kebschull requested Commissioner Wells be added under Item 1-c., Excused Absences. Commissioner Lewis requested that be added to his motion and the second concurred. VOTE: Wells Absent Twait Yes B son Yes Sma e Yes Lewis Yes Fullinck Yes Rozxiain Yes MOTION PASSED UNANIMOUSLY. ].-c. Excused Absences -- Commissioner We11s No objections were stated. 1-d. Consent Agenda MOTION: Commissioner Romain MOVED to approve the consent agenda as presented and requested UNANIMOUS CONSENT. Commissioner Bryson SECONDED the motion. There were no objections. SO ORDERED. ITEM 2: APPROVAL OF MINUTES -- April 11, 2007 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT -- None ITEM 4: CONSIDERATION OF PLATS 4-a. PZ07-12 -- Preliminary Plat for colonial Park Subdivision (a subdivision of Government Lot lb0). Plat submitted by Whitford Surveying, P.O. Box 4032, Soldotna, Alaska. City Planner Kebschull noted the following: • The plat would create three additional lots from one large parcel for a total of four lots. • All four lots would meet the minimum Iot size requirements for the zone. • Water and sewer was available to serve the parcels. • There is a 25-foot water and sewer easement along the northern half of Lot 1. • Colonial Drive would provide access to Lots 1 and 3 and Candlelight Drive would provide access as well as water and sewer service to Lots 1, 2 and 4. • Staff recommended approval with the requirement the plat would verify there would be no encroachments created by the subdivision. Additionally, the front setback for Lot 4 would be measured from where the lot met minimum width for the zone. Chairman Twait reviewed the rules and opened the meeting for public coxnment. There being no comments, the public hearing portion was closed. MOTION: Commissioner Romain MOVED to approve PZ07-12 including staff recommendations. Commissioner Ftxllinck SECONDED the motion, VOTE: Wells Absent Twait Yes B son Yes Srna e Yes Lewis Yes Fullinck Yes Romain Yes PLANNING 8v ZONING COMMISSION MEETING APRIL 25, 2D07 PAGE 2 MOTION PASSED UNANIMOUSLY. ITEM 5: PUBLIC HEARINGS -- None ITEM 6: OLD BUSINESS -- None ITEM 7: 7-a. Discussion -- Proposed Council Ordinance/Reassignment of Harbor Commission Duties to Other Entities. Kebschull reported the sunsetting of the Harbor Commission would be considered by Council. In doing so, some duties currently held by the Harbor Commission would be reassigned to other commissions with the Planning 8v Zoning Commission reviewing tidal land leases. Council Member Ross also explained the City Council had not yet reviewed the recommended changes and time was available for the Commission review and consider the list of duties. Kebschull indicated a draft ordinance would be provided at the next meeting for full discussion. ITEM 8: PENDING ITEMS -- None ITEM 9: REPORTS 9-a. City Council ~- Council Member Ross provided a brief report on action taken at the April 16, 2007 City Council meeting. 9-b. Boxough Planning -- Commissioner Bryson provided a report based on actions taken at the April 23, 2007 Borough Planning meeting. 9-e. Administration -- City Planner Kebschull noted the following: • There had been more activity and input from the public with regard to building permits, etc. • The Care Center received funding for their new addition; their 1980 permit will be upgraded to include the new structures; and, the issue would be before the Commission. as a public hearing item at the second meeting in May. ITEM 10: PERSONS PRESENT NOT SCHEDULED Bob Peters, Kenai, Alaska -- Mr. Peters requested an explanation for the purpose of the Mined Use Zone. It was suggested the item be discussed at the work session following the regular meeting. ITEM 11: INFORMATION ITEMS 11-a. Zoning Bulletin (3 / 1 / 07) PLANNING 8~ ZONING COMMISSION MEETING APRIL 25, 2007 PAGE 3 ITEM 12: COMMISSION COMMENTS & QUESTIONS -- None. ITEM 13: MOTION: ADJOURNMENT Commissioner ~.illinck MOVED to adjourn and Commissioner Smagge SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at. approximately 7:23 p.m. Minutes transcribed and prepared by: Barbara Roper, Contract Secretary PLANNING & ZONING COMMISSION MEETING APRIL 25, 20x7 PAGE 4 ~l~. STAFF REPORT To: Planning & Zoning Commission Date: April 24, 2007 Res: PZ07-13 GENERAL INFORMATION Applicant: Whitford Surveying 260-9092 P.Q. Box 4032 Soldotna, AK 99669 Requested Action: Preliminary Subdivision Plat -Endless View Subdivision Legal Description: A re-subdivision of Lot 8, Block 20 Qriginal Townsite of Kenai and Tract A Kenai Municipal Reserve Subdivision No. 1 Street Address: 91S and 917 Mission Avenue KPB Parcel No.: 04709308 and 04708611 Existing Zoning; TSH -Historic Townsite District Current Land Use: Vacant Land Use Plan: Mixed Use --Historic Townsite District ANALYSIS Plat removes lot line to create one large parcel containing approximately 25,615 square feet. The resulting lot size meets the requirements for the TSH -Historic Townsite zone. The Planning & Zoning Commission reviews all deveiopment in the Historic Townsite District. Water and sewer service is available to serve this parcel. City Engineer: Flat should show existing storm drain easement. Any plan to relocate the easement will require an installation agreement and must be approved prior to recording of the final plat. Building Official: No building code issues. RECOMMENDATIONS Plat, as submitted, meets the meets the City's zoning requirements. Recommend approval with following requirement: 1. Plat must show existing storm drain easement. Any plan to relocate the easement must be approved prior to the plat being recorded and will require an installation agreement. 0713 Comment,doc ATTACHMENTS: 1. Resolution No. PZ07-13 2, Preliminary Plat Page 2 -~J,~';'~, CITY OF KENAI -•~__. PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ07-I3 t{re.cr'tyvf SUBDIVISION PLAT ~iEHAiV 5NA A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THAT THE ATTACHED SUBDIVISION PLAT BE APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: WHEREAS, the attached plat ENDLESS VIEW SUBDIVISION was referred to the City of Kenai Planning and Zoning Commission on April 24, 2007, and received from Whitford Surveying. WHEREAS, the City of Kenai Planning and Zoning Commission finds: Plat area is zoned TSH -Historic Townsite District and therefore subject to said zone conditions. 2. ~ Water and sewer: Available. 3. Plat does not subdivide property within a public improvement district subject to special assessments. There is not a delinquency amount owed to the City of Kenai for the referenced property. 4. Installation agreement or construction of improvements may be required to relocate existing storm drain. 5. Status of surrounding land is shown. 6. Utility easements, if required, shall be shown. 7. Plat shall verify that no encroachments exist. 8. Street names designated on the plat are correct. 9. CONTINGENCIES: Plat must show existing storm drain easement. Any plan to relocate the easement must be approved prior to the plat being recorded and will require an installation agreement. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE KENAI PENINSULA BOROUGH PLANNING COMMISSION APPROVES ENDLESS VIEW SUBDIVISION SUBJECT TO ANY NEGATIVE FINDINGS AS STATED ABOVE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, MAY 9, 2007. CHAIRPERSON: ATTEST: ~f ~ ~ CtC w 33II 6if ~~ ~ ~ ~ '~~ ~ ~ 2 ZP a w ~ ~ m ~ ~ '~z W ~ a R ~ a 4 ~~a ~ ~~ ~ ~ ~ ~~~~ j~~ ._, ~ d ~~~~ ~ ~ ~ ~ ~~~~ Nom !~ ~ 9 ~ € !w o~ ~ DuF ~ V/ Ala :, ~~ ~~3 ~ ~~ ~•~ W u~~~ DAP ~ E~~~ ~ ~ ~~ ~ ~ ~~ ~&~ ~ ' ~ ~ ~ p ~~' is ~~ m ~,d ~~ ~ ~ ~ ~ g ~ ~ ~~ z ~zg~ ~a s4 ~ ~ e~ ~Fi~ ~ F ~g ~LL~W ~~ ~~ _ , ~~, ~- 10 M. s ~ ~ 1 /~ ~ add ~ 7 ~ ~ ~ / k ~~R V ~ ~1 ~ o ~ / j ~ ~ /~/ ~ ~'°~ / ~ " c~ g kelp q 9 / ~ ~~ 3,~ ~ SID' •~F'~ ~ N ~~~ ~ ~ ~ ~a ~ m~ 1 ~~~1 ~~ ~_ ~ 3~ E~ ~ ~ 0.Y m Q~i W~ o~ ~~~~ n a °$ ~ ~s ~~~ STAFF REPORT To: Planning & Zoning Commission Date: Apxi130, 2007 yb Res: PZ07-14 GENERAL INFORMATION Applicant: Integrity Surveys 283-9047 8195 Kenai Spur Highway Kenai, AK 99611 Requested Action: Preliminary Subdivision Plat -Valhalla Heights -~ Wilson Replat Legal Description: Replat of Lots 13 & 14, Block 11, Valhalla Heights Subdivision Street Address: 435 and 445 Phillips Drive KPB Parcel No.: 04934013 & 04934014 Existing Zoning: RR -Rural Residential Current Land Use: Vacant Land Use Plan: Rural Residential ANALYSIS Plat removes a lot line to create one large lot from two smaller lots. The resulting lots meet the minimum lo t size for the Rural Residential zone. Subdivision is served with on- site water and sewer. No installation agreement is required. City Engineer: Nothing additional. Buildin Official: Na building code issues. RECOMMENDATIONS Recommend approval. ATTACHMENTS: 1. Resolution No. PZ07-14 2. Preliminary Plat r - - f. CITY OF KENAI ~' PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ07-14 ttiea'yof SUBDIVISION PLAT KEHAI~ SIIA A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THAT THE ATTACHED SUBDIVISION PLAT BE APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: WHEREAS, the attached plat Valhalla Heights -Wilson Replat was referred to the City of Kenai Planning and Zoning Commission on April 30, 2007, and received from Irategri , Surveys. WHEREAS, the City of Kenai Planning and Zoning Commission finds: 1. Plat area is zoned RR -Rural Residential and therefore subject to said zone conditions. 2. Water and sewer: Nat Available. Plat does not subdivide property within a public improvement district subject to special assessments. There is not a delinquency amount owed to the City of Kenai for the referenced property. A. Installation agreement or construction of improvements is not required. 5, Status of surrounding land is shown. 6, Utility easements, if required, shall be shown. 7. Plat shall verify that no encroachments exist. 8. Street names designated on the plat are correct. 9. CONTINGENCIES: a. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE KENAI PENINSULA BOROUGH PLANNING COMMISSION APPROVES VALHALLA HEIGHTS -WILSON REPEAT SUBJECT TO ANY NEGATIVE FINDINGS AS STATED ABOVE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, MAY 9, 2007. CHAIRPERSON: ATTEST: a~~ 3 a~~ ~ ~ ~~ 611Ei ~ Z ~ ~ O o J Z ~ ~~ J ~ ~~~ '0o O Q ~~ w~ ~ I O a °a ,~ U ~~~ O !n ~ a .z*ma, O p o o Z~ ~ '~ ~ ~~~ W ~ ~~~~ U ~ ~> m~ _~ ~ ~_~~ ~ ¢ Z ~ a ..J $g ~ ~ F~Z~Z'~' m Q ~ ~ ~.1.~ O O j ~ p~ WQQ ~ '~~' 2 °I 4 U ~~~~~ ~~~ 0 ^ LL ~O GF ~ Vzl L o CG13 ~ Q ~ 4~1 ..4 ' a ~~~~~~~ ~- I I a ~~ b3~ c~~8q^ lhN ~~ ~ i15i o u d ~, t3 ~~ } ~~s a5 o $ ~ .~ x Er ~~ ~~~ ~ ~ _~ o ~~ 3 ~~ ~ ~~ ~ ~•+ ~ o~~~ w '~~ ~~~ ~ a~z°n8 ~~4~~s ° ~~s~o$ ~ Z ~- N ~'1 [se•a~z a,eaas) N ~°~ 3~ a~ No ~ ~ ~~_~ S ~ °~ n .~ n° o~ o~ ~ ~ 8 a ~ ~ ~ ~ Q ~ ~ ~ ~ m d ~_ g ~ gV ~N U' ~ ~ .t~ a z ~ a i ~ u _r ~f-~~ ~~ ~ ~ o G ~~ ~~ p ~ M ~ s ~& s~x? ~ ~ ~ ~~ ~I~ ~ ~ m ~< ~ycr3p~~ LLk I 4 W~W~~i~ Q' b 4'?OpY m ~ ~~ / n~ ~r'tilyti~t' ~ ' ~~ Q~ o~ ~ ~ ~~~~~~ ~ ~~~s ' ' ~~~~ffiOQ~ ~~ ~ ~ ~ ~ g «~ ~ ~ ~~~~~ ~ ~~F~~~ x~e 5 ~w ~~: i~ +. ~ F i Q 9aaQQ l o iL.i ~: eJ~ ~ V1 c b ~`b5 `a Ea /a ~~ . ; c ma 5 /J/~/~ ~a a~ p~ ,,f III\1~~~* ` ~ $~~~ ~ ~~ ~ ~ ~~ ~ ~ z ~ ~ din; ~~ ~fi ~E ~ w. ~ n 5 Y G$ ~•8 STAFF REPORT To: PIanning & Zoning Commission Date: May 4, 2007 4c, Res: PZ07-15 GENERAL INFORMATION Applicant: McLane Consulting 283-4218 P.O. Box 468 Soldotna, AK 99669 Requested Action: Preliminary Subdivision Plat -City Park Subdivision No. 2 Legal Description: Replat of the remainder of Lot 129 and Lots 130, 131, and 132 Street Address: 320 South Spruce Street KPB Parcel No.: 04701010 Existing Zoning: RS -Suburban Residential Current Land Use: Youth Facility Land Use Plan: Neighborhood Residential ANALYSIS Plat removes three Iot lines to create one large parcel containing approximately 4.252 acres. The lot lines are being removed to plan for additional development at this site and to eliminate non-conforming structures that were built across lot lines. Subdivision is served with municipal water and sewer. Plat also dedicates a 25-foot right-of way dedication along Char Circle. The portion of Char Circle being dedicated is the result of discussions with the City of Kenai who owns the adjoining parcel {Park View Subdivision No. 2). The City administration believes that future development of this subdivision will result in a vacation of the cw~rent half- dedication of Char Circle {shown on the attached drawing). The City is not going to require the development of Char Circle with this plat. No installation agreement is required. City Engineer: The existing entrance to the parcel is in the platted right-of--way. When the parcel to the south is developed, the City will complete the development of the right-of way. Building, Official: Not available to comment; however was consulted. The xemoval of the lot lines will eliminate building code issues. 0715 Comment.doc RECOMMENDATIONS Page 2 Recommend approval with the requirement that: 1. The surveyor shows the curve data for the portion of the future cul-de-sac located on this subdivision. ATTACHMENTS 1. Resolution No. PZ07-15 2. Preliminary Plat i ~~ . CITY OF KENAI ___ ,' _~; ~` PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ07-•15 t{recrtyof SUBDIVISION PLAT NENAV 5Hp A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THAT THE ATTACHED SUBDNISION PLAT BE APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: WHEREAS, the attached plat City.Parl~ Subdivision No. 2 was referred to the City of Kenai Planning anal Zoning Commission on May 2, 2007, and received from McLane ConsuItins. WHEREAS, the City of Kenai Planning and Zoning Commission finds: 1, Plat area is zoned RS -Suburban Residential and therefore subject to said zone conditions. 2. Water and sewer: Available. 3. Plat does not subdivide property within a public improvement district subject to special assessments. There is not a delinquency amount owed to the City of Kenai for the referenced property. 4. Installation agreement or construction of improvements is not required. 5. Status of surrounding land is shown. G. Utility easements, if required, shall be shown. 7. Plat shall verify that no encroachments exist. {Plat will eliminate existing encroaching,) 8. Street names designated on the plat are correct. 9. CONTINGENCIES: a. The surveyor shows the curve data for the portion of the future cul-de-sac located on this subdivision. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE KENAI PENINSULA BOROUGH PLANNING COMMISSION APPROVES CITY PARK SUBDIVISION N0.2 SUBJECT TO ANY NEGATIVE FINDINGS AS STATED ABOVE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, MAY 9 2007. 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W ~ ~ 1!. ~+ d ~ a 5 ~ a a m~~n'~ U ~ ~~~; "I/'lla e with a Past, Gi wc`t~t a Fu ~tYe" .9~ ~ :~ ,~~,~~'~, 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 d _ `` Telephone: 907-283-75351 FAX: 907-283-3014 ~ ~ ~ ~ ~~ - _ - 1992 tdre ci 4 a ~f KENAI\V~ SKA ^ ^ TO: Planning & Zoning Commission ,/ FROM: Marilyn Kebschull, Planning Administrator DATE: May 1, 2007 SUBJECT: Proposed Ordinance Amending Chapter 11 of the Kenai Municipal Code -- Harbor and Harbor Facilities Attached is the draft ordinance which if adopted would eliminate the Harbor Commission and reassign it's duties to other entities within the City of Kenai. The Planning and Zoning Commission will be responsible for holding public hearings for tidelands lease applications and making recommendation to Council on any proposed lease application. (See Pages 28-30 of draft Chapter 11.) In the past, the Commission reviewed tidelands lease applications; however, we did not do so as a public hearing. With the proposed changes, we would hold a public hearing to review lease applications. Please review this information and be prepared to provide comments for Council on the proposed ordinance. Attachment: Draft Ordinance with Attachment PROPOSED Suggested by;council CITY OF KENAI ORDINANCE NO. ~-2007. AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING TITLE I 1 OF THE KENAI MUNICIPAL CODE BY ELIMINATING THE CIT'i' OF~KENAI HARBOR COMMISSION, REASSIGNING ITS DUTIES TO OTHER ENTITIES WITHIN THE CITY OF KENAI AND UPDATING REGULATION~OF THE HARBOR AREA , WHEREAS, Title 11 of the Kenai Municipal Code established the Kenai. Harbor Commission and sets forth its duties and responsibilities; and, WHEREAS, it has becozx~c increasizagly difficult to recruit committed Harla~or Corramission rnernbers to achieve a quorum fdr Harbor Carzt~xa.ission meefings; and, <s WHEREAS, the duties of the Harbor Con~missior, can be reassigned to the City of Kenai~Planning and Zoning Commiss~o'n and City Manageir; and, WHEREAS, it is in the best interest of the City of Kenai to ~~z~oinate the Harbor Commission and reassign its duties; and, _ " WHEREAS, the rules re a~ng the regulation of the `harbor" area contained in Title ~ ,- I l of th.e Kenai. Municipal Cade need to be revised and updated. WHEREAS, it is in~V'he best interest of the City. of Kenai to eliminate the Harbor Commission arzd reassign it duties. NOW, TI~REFORE, B~.IT ORDATN~D BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that Title 11 of the Ker~i Municipal is amended as shown in Attachrx~ezat A. :. PASSED BY'~'HE COUNCIL OF THE CITY OF KENAI, ALASKA, this * day of *, 2047. ATTEST: ~ ~`' PAT PORTER, MAYOR Carol L. Freas, City Clerk Introduced: Adapted:* Effective:* IS! Chapter 11..05 HARBOR MASTER 11.45.014 Harbor Master. 11.D5.D24 Harbor defiined. 11.4S.4:i0 Harbor regulations. 1L45.044'1'ermit far terlaainal ur trs>:nsportation facilities. 11.45.454 Con.rliti.on as to equal services antd rates. li.D5.DGD lnvestigation of llloldcr.---cancellation. 1,1.05,070 p'acilit3~ rates a>r>td charges. 11.05.OSD Leasing not Prohibited, 11.OS.D9D Llsc of launcka ra1nP ttncl float. 11.05.010 Hx~rbar Master. ~ '` The Harbor Master., sha11 be abt7ointed by the City ~.rl;;er [TFiE R1XBLIC WORKS D]'RECTOR]. The Harbor Master shall be the chief adr~~i~inistra`'1 ro of the harbor and its facilities. He shall have all powers anal duties prescribed by q.~dinance and the regulations and rates , proscribed by 'the City Manager. In addition, insol. as it is appropriate, shall have alI powers anal duties and. rates prescribed by the City Manager, s>,Ih;~ect to appi~eval by the Cci'uncil; and, in addition, insofar as it is appropriate,~shall have all powers and duties irnposed~ upon harbor masters, port directors, and administrati~ heads of harbors anal ports by 1*ederal or State law. 11.05.020 Harbor.defined. 'I'he harbor shall. embrace aII that portion of tie Keriai River located within the City of Kenai, including all tide arl;,suhlxler~;ed lands, fuhe~her f fled Qr unfilled, situated below the line of lxaean high tide[, AS 1vI.Y BE LEASED FROM THE STATE OF ALASKA]. .~ 11.05.034 Harbor reguia~tiisns. ~ 9"k The City Manager is hereby empQivered, s~bj eci to change by the Council, to tnalce such rules and reg~i~.tians rbcluired for the operation ofthe lxarbor, not in conflict with fhe provisions of this Code, and to~ esta~tish the fees, rates, and charges for the billing and collections for the supp~ of the harbor, and rla person shai~~~ail to comply with any such rule or regulation. 11,45.044 Permit for terminal ar tran.spartatian facilities. [(A) ALL LESSEES, OWj`iERS, OR OCCUPANTS OF PROPERTY Vi~I'fHIN Tl-lE HARBOR OR CONTI~GUQ~S TO IT WHO WISH TO CONSTRUCT OR OPERATE TERMINAL OR TRANSPORTATION FACIf~ITIES OF ANY KIND THEREIN; INCLUDING BUT NOT LIMITED~TO DOCKS AND WAREHOUSES, SHALL APPLY TO THE LANDSCAPING/SITE PLAN REVIEW BOAIZI7 FOR A PERMIT. APPLICATION TTIEREI^OR SHALL BE MADE IN ACCORDANCE WITI-i REGULATIONS DESCRIBED IN KMC 14.25, ENTITLED "LANDSCAP1NCr/SITE PLAN REGULATIONS," AND SIIALL BE ACCOMPANIED BY A PLAN OF' TI-IE PROPOSED CONSTRUCTION, WHICH SHALL MEET ALL STANDARDS AND REQUIREMENTS WHICH MAC' BE SET FORTPI BY THE COUNCIL. Chapter 11 1~larlior .Attachrnenk "A" d127/2tlfl7 I (1;{?7 AM (1:1lvty baeumentslClerklChapter ] l.cloc Page 1 of 46 190 {B} THE APPLICANT SHALL REFER ALL PLANS OF THE TYPE OR LOCATION OF ANY PROPOSED CONSTRUCTION WHICH ARE OR MAY BE IN CONFLICT WITH TIME GENERAL CI'I"~' FLAN TO THE HARBOR COMMISSION AND THE LANDSCAPING/SITE PLAN REVIEW BOARD TO DETERMINE WHE'T'HER SUCH PROPOSED CONSTRUCTION IS IN KEEPING WITIT THE OBJECTIVES OF THE GENERAL PLAN. TITS DECISION OF THE LANDSCAP]N~G/SITE PL' AN REVIEW BOARD SHALL SE BINDING UNLESS APPEALED BY COUNCIL, THE BUILDING OFFICIAL MAl' ISSUE PERMITS UPON SUCH TERMS AND CONDITIONS AND FOR SUCH DURATION AS IT MAY DEEM PROPER, AND NO CONST{RUCTION MAY BEGIN OR OPERATION CARRIED ON WITHOUT A PERMIT FROM TI-~~ Bt~I~LDING OFFICIAL.] 4~. 11.lIS.U50 Condition as to equal selrvices and rates. ~ 4 [IT SHALL BE A CONDITION OF ALL PERM'S ~sRANTED BY THE CITY COUNCIL TI-IAT THE FACILITIES TO BE CONSTRUCTED AND THE SERVICES TO BE SUPPLIED IN CONNECTION WITH THEM S~~.I.L BE MA:`DE AVAILABLE T0~~1LL CARRIERS UPON EQUAL TERMS, AT EQUAL RATES, AND V~ITHOUT DISCRIMINATION OF ANY KIND.] ' u: ,~ I.1.OS.QbOlnvestigatiou o~'holder-Cancel~a~e~un. ~, ~~ . [THE CIT'Y' COUNCIL MAY INQUIRE INTO THE MANNER IN WHICIT OBLIGATIONS UNDER TI-IE PERMITS ISSUED BY ~T ARE +/°fLRRIED OUT, AND INTO TITS RATE SCHEDULES,~AND PRACTICES OF THE PERMIT kZOLDERS FOR PURPOSES OF DETERMINING WI'~~iER THE PROVISIONS OF T~I-iE PERMITS ARE BEING COMPLIED WITFI..~I1T SHALL PAVE ACCESS TO BOOKS AND RECORDS AND TO TERMINAL AND ~'1~'RANSPORTATTON FACILITIES AS MAY BE REASONABLY NECESSARY TO ENABLE IT TOE IVMAKE SUCI~A DETERMINATION. SHOULD THE COUNCIL A~' ANY TIME FIND `T'HE PEIt~S~'~r~TOLDER IS NOT COMPLYING WITH THE TERMS O~~IIS I'ER~IIT, IT MAY CANCEL THE PERMIT tJPON SUCH NOTICE AND IN ACCQRDANCE WITH SUCH PROCEDURE AS IT MAY, B~' REGULATION, PRE~~RIBE.] 5 F 1I.QS.D7~ Facility rates and charges. -[THE CITY I~TANAGER SHALL FIX THIJ RATES AND CHARGES FOR THE USE OF ANY AND ALL TERMINAL OR TRANSPORTATION FACILITIES CONSTRUCTED ON.PROPERTY UNDER ITS JURISDICTION, INCLUDING CHARGES ASSESSED AGAINST VESSELS; 'T'HEIR OWNERS, AGENTS OR OPERATORS WHICH LOAD OP. DISCHARGE CARGO AT ANY OF .THE 'T'ERMINALS WITHIN THE HARBOR AREA; CHARGES FOR BERTHAGE WHILE LOADING OP. DISCHARGING G"ARGOT CHARGES FOR ADMINISTRATIVE EXPENSES IN SERVING THE CARRIER'S CHARGES FOR FREIGHT HANDLING, LOADING, UNLOADING AND WHARF DEMURRAGE RATES. SUCI-I RATES AND CHARGES SHALL BE .IUST AND REASONABLE, AS DETERMINED BY THE CITY MANAGER, SUBJECT TO CHANGE BY THE COUNCIL, AND SHALL BE Chapter ] ] Har•6or Attach~ncnt "A" U:IPvIy 17ocumentslClcrklChapter l 1.doc 412712(]07 1U:07 AM Page 2 ~f 46 Z91 PCJBLISHED BY POST'INCr ON TI-IE COUNCIL 13CJLLETIN BOARD AND IN SUCK OTHER MANNER AS THE COCJNCIL MAY REQUIRE.] 11..05.0$p Leasing not plrahibited. Nothing in this chapter or in this code of ordinances shall prohibit the City Council from leasing the darks, dock sites, and other harbor facilities to private persons, firms, and corporations. 1I.05A90 lise of launch ramis and float. 4,~ (a) The City of Kenai launching facility shall be open to the p.~blic upon reasonable terms and cor~dirions as provided by regulation. ~' {h} Failure to pay a boat launch fee for the City of Kenai launching facility set forth according to KMC l 1.05 within one (1) hour of the retri~~~l t~~'t~ie boat or vessel from the water shall be a violation punishable by a #ine of $50.00. ~O~rd. 1597-94) ~, ~; (c} It shall be unlawful to block access to eith~"r of the lauizc~i ramp or float facili~~s. 'Bloclcing access" means leaving a boat, trailer, or vehieie upon the~la>.Inch ramp car i7aat in such a position as to prevent the launching or retrieval of boats, {d) ~ Person blocking access to the rare or float facilities sha_tl be subject to a civil penalty as provided in KMC ~ 13.05.0 l 0(b}. ~: (e) Each one-hour period for which the ramp or Moat is blocked shall be considered a separate offense for the purposes of civil penalties. ,'~ Chapter 11.10 HAI2SOR COMMISSION .~~sy ~s. 11.J0.0].0 lluties and powers. 11.10.1)10 Duties and powers. [{A)~K`R T1=IE COMMISSION SHALT, $E REQUIRED TO DO THE FOLL0~7V1NG: (i) DEVELOP, ADOPT, ALTER, OR REVISE, SUBJECT TO APPROVAL BY THE CITY CQUNGIL, A MASTER PLAN FOR THE PHYSICAL DEVELOPMENT Ol~ HARBOR OR. PQI~T FACILITIES FOR THE CITY. SUCH MASTER PLAN WITH ACCOMPANYING Ic,~IAPSiPLATS, CHARTS, DESCRIPTIVE, AND EXPLANATORY MATTER, SHALL SHAW TI-IE COMMISSION'S RECOMMENDATIONS FOR THE DEVELOPMENT OF~I'I-IE CITY HARBOR FACILITIES MAY INCLUDE, AMONG OTI-TER THINGS ~(I.) DEVELOPMENT DF THE TYPE, LOCATION, AND SEQUENCE OI; ALL PUBLIC HARBOR FACILITIES; (II} THE RELOCATION, REMOVAL, EXTENSION, OR CHANGE OF USE OF EXISTING HARBOR FACILITIES; (2) SUBMIT ANNUALLY TO THE CITY MANAGER AND COUNCIL, NOT LESS THAN NINETY {90} DAYS PRIOR TO THE BEGINNING OI~' TrIE BUDGET' YEAR; Chapter I I F-farbar Attuci~ment "A" U;1My T~ocumentslClerklCltaptcr 1 I .doe 4/27/2aQ7 IU:~7 AM Pnge 3 of 46 1.92 A LIST OF TI-IE RECOMMENDED CAPITAL IMPROVEMENTS 'WHICH, IN THE OPINION OF TI-IE COMMISSION, ARE NECESSARY OR DESIRABLE PTO BE CONSTRUCTED DUfiING THE FORTHCOMING TI3REE ~{3) FEAR PERIOD. SUCH LIST SHALL BE ARRANGED IN OP.DER OF PREFERENCE, WITH RECOMMENDATIONS AS TO WHICH PILOJECI`S SHALL BE CONSTRUCTED TN WI-iICH YEAR. (3} MAKE INVESTIGATIONS REGARDING ANY MATTER RELATED TO CITY HARBOR FACILITIES, TIDE~OR SUBMERGED LANDS. MAKE RECOMMENDATIONS TO TI-IE COUNCIL RELATIVE ~'0 THE CARE, CONTROL, AND DEVELOPMENT OF TIDE AND SUBMERGED LANDS. (~} ACT TN THE CAPACITY AS DIRECTED AND AC.JTI~ORIZED BY A TIDELANDS ORDINANCE ADOPTED B~' TI-IE CITY. .~ (5) REVIEW ALL CITY LEASES OF~CITY-OWNED TIDE, SUBMERGED, AND LANDS OR NAVIGABLE WATERS WITI-ITN THE G ~`Y, AN:D AS T0: THE PLANNED IMPROVEIVIENTS PROPOSED AND MAKE RECO 'i~1v1ENl~ATIONS TO TI-IE CITY COUNCIL. .~ g~ L~ {6) MAKE AND PREPARE REPORTS AND PLANS~~;,FOR APPROVAL BY TFIE CITY COUNCIL. '~ {7) COORDINATE PUBLIG;EFIiORTS, INDIVIDUAL AND C'xROUP, TO THE EFI`ECTUA'I'lON Ole' APPROVED PLANS. {8} SHALL ACT IN ADVISORY CAPACITY IN THE 51~~;ECTION OF A HARBOR DIRECTOR S~IOULD SUCH A POSITION BE CREAtTED BY THE CITY COUNCIL.] Chapter I I.I S TID1..ANT)S ~~ 11.1.5.010 Short title. 11..15.02' Definitions. 11..15.030 Approval and acceptance of State con~ve~~ance. ~Y~~.1..15A4U Appro~al~.a~td acioPtinn~of subdivision plat. ~~~` 11.1.5A50 Tune and' places of posting plat, 11.15.QGO Publication.~of notiive of posting plat and plat and laassaae of ordinance. l I.15.t170 Tune in vvHicl~ applications r~~ill be accepted for Dling. 1L1.5.08U:1<'rocedure`for ding applications. 11.15A90 Initial rc~iew h~~ Commission. 1.1.15.1.00 Prelimiinary .plat. 11..15.110 Prellrininary plat regrxireuaerats. 11.1S.i20 Surve~~ procedure. I1.1.S.130 Pr. ocedure on final plat. 11..15.140 p'inal plat requirements. 11..1.5.1.50 Deposits for costs prerequisite to filing. 11.15.160 Additional costs iln certain cases. 11.1.5.170 Procedures for processing filed applications. 11.1.5.180 Appraisal. 11.15.190 Re~vie~v by City Engineer. Chapter 11. I-lnrbor Attac[~ment "A" ~ 4127!2007 1(1;07 AM U:1My f7ocumentslClerklClzapter 1 I.dnc Page 4 of 4G 1.93 11.15.200 ltecomm.ended apprnval by Commission. . 11.15.21f? Processing of approved applications by Clcrlc and notice to public. 1.1..15.220 Ueeds---Permanent register, 11..15.230 Special proceedings for disputed claiRns. 1.1..1.5.240 1'roccediings for determination lry Council of aII disputes. 11.15.250 Deternai~ta#ion upon stipula#ion of facts. 11.J•5.Z60 Rejection of protests o#hcr than Uy applicant. 1L15.27U Dandling of deposit and purchase funds. 1.1,X5.280 Forfeifiurc ofprefcrencc rights. 11.15.290 Forms. ~ ~s;• 11.LS.010 S1=IORT TITLE. [THIS ORDINANCE SHALL BE KNOWN AS TI:IE~;`KENAI TIDELANDS • ORDI.NANCE•"] 11.15.020 llFFINI.TIONS. [I~OR THE PURPOSE OF THIS ORDINA]~.CE, TIIE TERMS DEFINED I-IE~ETN SHALL HAVE THE MEANING PROVIDED i~fl/ESS THE CO;~iTEXT REQUIRES OTHERWISE; '~ ~~ (A) "ALASKA" MEANS THE STAGE OF ALASKA.. {B) "AGRICCILTURAL LANDS" MANS TIDELANDS C~-IIEFLY VALUABLE FOR ACxRICI1LTURAL PURPOSES. {C) "ASSESSOR" MEANS THE ASSESSOR OF T~3E CIT~~OF KENAI, ALASKA, OR OTI~ER INDIVIDUAL DESIGNATED BY THE ~7TY MANAGER TO PERFORM TIIE FUNCTIONS HEREIN A~~IGNED TO THE ASSESSOR. t (D} "CITY" ME_ TS THE CITY OF KENAI, ALASKA. sr•~ F {E) "CITY ENCrINEE~." MEA~N~S THE CITY ENGINEER OF THE CITY, OR OTI-IER CITY OFFICIAL DESIGNATED`'TO. PERFORIv~:~T'HE FUNCTIONS HEREIN i-LSSIGNED TO TFIE CITY ~r~INEER. (F) "CLASS I PREFERENCE RICrHT'~. MEANS THE RIGHT EXTENDED TO PERSON'S WH„C;~~~}CGUPIED OR DEVELOPED TIE OR SUBMERGED LANDS SEAWARD OF A SURVEYED TOWNSITE OWN AND~I'RIOR TO SEPTEMBER 7, 1957, AND WHO HAVE EXECUTED A WAIVER TO THE CITY .AND STATE OF ALL RIGHTS -SUCH OCCUPANT MAY HAVE~HAD PURSUANT TO PUBLIC LAW 85-303. UPON EXECUTION OF THE WAIVER, SUCH PERSONS OR THEIR SUCCESSORS IN INTEREST, DAVE THE RIGHT TO ACQUIRE SUCH CjCCUPIED OR DEVELOPED TIDE OR SUBMERGED LANDS FROM TIDE-CITY FO.It CONSIDERATION OF THE COSTS OF SURVEY, AND TRANSFERRING AND COI~rVEYING THE TITLE. {G) "CLASS II PREFERENCE RIGHT" MEANS THE RIGHT EXTENDED TO CLASS I PREFERENCE RIGHT CLAIMANTS WHO REFUSE TO EXECUTE A WAIVER TO THE CIT"~` OI~' ANY RIGHTS SUCH OCCUPANTS MAY HAVE ACQUIRED PURSUANT T4 PUBLIC LAW 85-3U3. IT SHALL BE MANDATORY FOR THE CITY TO EXPEDITIOUSLY HONOR THE APPLICATION FROM THE OCCUPANT AFTER THE SECRETARY OF THE ARMY HAS SUBIvIITTED TO THE SECRETARYi' Or THE INTERIOR AND GOVERNOR OF THE STATE MAPS SHOWING THE PIERHEAD LINE ESTABLISHED BY THE CORPS Chapter 11 1-larb~r Attanl~mc.nt"`A" 4/27/2007 10:07 AM U:IM}~ DocutnentslClerklChapter i l.doc ~ Page 5 of 46 194 OF ENGINEERS WITH RESPECT TO THE TRACT SO GItA~.NTED. THE MOST EXPEDITIOUS METHOD OF SECURING TITLE TO SUCH LANDS IS TO EXECUTE THE WAIVER OF CLASS II RIGHTS AND PROCEED TO APPLY FOR TITLE UNDER. A CLASS I PREFERENCE RIGHT. (I} "CLASS III PREFERENCE RIGHT" MEANS THE RIGI-IT EXTENDED TO PERSONS WHO OCCUPIED OR DEVELOPED TIDE OR SUBMERGED LANDS AFTER SEPTEMBER 7, 1457, AND WHO CONTINUED TO OCCUPY THE SAME ON JANUARY 3, 1459. SUCIS PERSONS. OR THEIP. SUCCESSORS, HAVE THE RIGHT TO ACQUIRE SUCH OCCUPIED OR DEVELOPED TIDE OR SUBMERGED LAN ~ :,,FOR A ' CONSIDERATION NOT TO EXCEED TI-IE COSTS OF APPRAISAL, A.TID THE ADMINISTERING AND TiiANSFERRING, INCLUDING SURVEY, TOGETHER WITH THE APPRAISED FAIR MARKET VALUE THEREOF, E~,'CLUSIVE OF' ANY VALUE OCCURRING FROM IMPROVEMENTS OR DEVELOPMI~I~IT, SUCH AS FILL MATERIAL, BUILDING, OR STRUCTURES THEREO"hT. ~, (J} "CLERK" MEANS THE CLERK OF THE CITY, ti~ ;, (K} "COMMISSION" MEANS THE CITY O~zICENAI ADVI•~OR.Y HARBUR ,,;_,~ ti; COMMISSION. ~ ~- (L} "DIRECTOR" MEANS THE DIRECTOR OF LANDS, STATE OF ALASKA. (M) "DIRECTOR'S LINE" MEANS ~LD~IE SEAWARD O,F THE CITY, APPROVED BY THE DIRECTOR, WITH THE CONCURI~EN~CE OF THE COMMTS~~~ONER OF NATURAL RESOURCES, STATE OF ALASKA, SEAWARD OF ALL TIDEAN'D SUBMERGED .LANDS OCCUPIED OR SC.riTABLE FOR C~CCU~PTI4N ANI3xDEVELOPMENT WITHOUT UNREASONAI~~~E INTERIERENCE~WITH NAVIGATION. (N) "FAIR MARKET VALUE" MEANS THE ~IIGHEST PRICE, DESCRIBED IN TERMS OF MONEY, WI-iT~T~ TI-IE PROPERTY WOULD BRING IF EXPOSED FOR SALE FOR A REASONABLE TIME IN TI;iE C:~PEN MARICET,,WITH A SELLER, V~~ILLING BUT NOT FORCED TO ELL, AND A $E~k~CER, "ILLINGs~BUT NOT FORCED TO BUY, BOTH BEING FUT~~•INItC~RMED O.F ALL THE PURPOSES FOR WHICH TI-IE PROPERTY IS BEST ADAPTED OR COULD BE USED. (O) :' "FILL" SHALL MEAN EARTI-I, GRAVEL, ROCK, SAND, OR OTHER SIMILAR MATERIALS PLACED UPON TIDI~, OR CONTIGUOUS SUBMERGED LANDS TO A HEIGHT ABOVE THE HIGH. WATER LINE FUR THE PURPOSE OF ELEVATING THE LANDS FOR A S~'ECIAL CISEFUL PURPOSE. EARTH, GRAVEL, ROCK, SAND, OR OTHER SIMILAR 1V~ATEIALS, PLACED ON TIDE OR CONTIGUOUS SUBMERGED LAND SOLELY FOR TIC PURPOSE OF SPOILS DISPOSAL SMALL NOT BE CONSIDERED FILL :UNLESS SUCH FILL WAS USED FOR USEFUL AND BENEFICIAL PURPOSE ON AND PRIOR TO JANUARY 3, 1954. (P} "HEARTNCrS OFFICER" MEANS THAT CITY OFFICIAL EMPLOYED TO HEAR DISPUTES F3ETWEEN CLAIMAN'T'S, SUMMARIZE THE TESTIMONY, ATTEMPT TO REACH STIPULATIONS OF FACT BETWEEN THE PARTIES, ASSEMBLE THE RECORD OF THE DISPUTE, AND SUBMIT THE SAME TO THE COUNCIL FOR DETERMINATION. Chapter 1 i f-larbar Attachment "A" 4/27/2467 10:07 AM. 11:1My Doc~imenlslClerklChapter t l .dac Page fi of ~1b 1.95 (Q} "IMPROVEMENTS" MEAI\iS BUILDINGS, WI-IARVE5, PIERS, DR's' DOCKS; .AND OTHER SIMILAR TYPES OF STRUCTURES PERMANENTLY FIXED TO Ti-1E TIDE OR CONTIGUOUS SUBMERGED LANDS THAT WERE~CONSTRUCTED AND/OR MAINTAINED BY THE APPLICANT FOR BUSINESS, COMMERCIAL, RECREATION, RESIDENTIAL, OR OTHER BENEFICIAL USES OR PURPOSES, FLOATS SECCJRED BY GUIDE PILES USED AS FLOATING WHARVES, V+~HERE ACCESS IS PROVIDED TO THE SHORE, SHALL BE IMPROVEMENTS WITHIN.THE MEANING OF T'I-iIS SECTION, AND FILL MATERIAL NOT ACTUALLY IN PLACE TO ABOVE THE LINE OF MEAN HICrH TIDE OF.JANUARY 3, 1959 AND ACTUALLY UTILIZED F.OR BENEFICIAL PURPOSES ON JANUARY 3, 1959 BY THE APPLICANT SHALL BE CONSIDERED A PERMANENT IMPROVEMENT, I3UT IN NO EVENT SHALL FILL BE CONSIDERED A. PERMANENT IMPROVEMENT WHEN PLACED ON THi/ TIDELANDS SOLELY FOR THE PURPOSE OF DISPOSING OF WASTE OR SPOILS. 'SILL MATERIAL NOT UTILIZED FOR A BENEFICIAL PURPOSE DN AND PRA-QRyTO TANi~ARY 3, 1959, AND FILL MATERIAL NOT ACTUALLY IN PLACE TO ABOVE THE LINE MEAN HIGII TIDE ON JANUARY 3, 1959 SHALL NOT BE TIIE BASIS FOR AN APPLICATION, NDR SHALL ,_~ IT BE INCLUDED IN ANY APPLICATION, F0~ THE EXERCISE OF PREFERENCE RIGHTS HEREUNDER. ~ 5= -' (R) "INDUSTRIAL AND COMME~tCIAL LANDS" MEANS TIDE LANDS CHIEFLY VALUABLE FOR INDUSTRIAL, MANUFACTURING, OR COMMERCIAL PURPOSES. (S) "KENAI" MEANS THE CITY OF -~CEN~I, ALASKA. (T) "MANAGER' MEANS THE MANAGER OAF TI-IE CITE' OF KENAI, ALASKA. (U) "MEAN HIGH TII~,E". AT AN'T'' PLACE S~3JECT TO TIDAL INFLUENCE SI-IALL BE INTERPRETED AS T~-~E TIDAL DAT[JM PLANE DERIVED FROM AVERAGING ALL THE HIGH. WATER, OBSERVED AT THAT PLACE OVER A PERIOD OF NINETEEN (19) YEARS. MEAN II~~H WATER SHALL BE INTERPRETED TO BE AS THE INTERSECTION OF THE DATUM PLACE OF 11rIEAN HIGI-i WATER WITH TI-IE SI-TORE. {V} "M„ _:~,~ LOS TIDE" S~-iALL BE INTERPRETED TO BE MEAN LOWER LOW WATER~HICH 1S THE MEAN O'F THE LOWER OF THE TWO LOW WATERS OF EACH DAY~OR A TIDAL C~.'CLE OF NINETEEN (19) YEARS. ~. - . (W) "O~~UFANT" MEANS ANY PERSON AS DEFINED HEitEIN, OR- HIS SUCCESSOR iN INTERES'T'; WHO ACTUALLY OCCUPIED FOR ANY BUSINESS, RESIDENTIAL,•OR OTHER BENEFICIAL PURPOSE, TIDE OR SUBMERGED LAND, WITI~iN THE CONVEYANCE OF SUCH BY THE STATE TO THE CITY, ON OR PRIOR TD 1ANUARY 3, 1959,~TH SUBSTANTIAL PERMANENT IMPROVEMENTS. NO PERSON SHALL BE.rCONSIDERED AN OCCUPANT BY REASON DF HAVING: (I) PLACED A FiSI~ TRAP ITT POSITION FOR OPERATION OR STORAGE UPON THE TIDE, SHARE, OR SUBMERGED LAND; (2) PLACED A SET NET OR PILING THEREFOR OR ANY OTHER DEVICE OR I'ACILITY FOR TAKING OF FISH; (3) PLACED PILINGS OR DOLPHINS FOR LONG STORAGE OR OTHER MOOP.AGE; Chapter ! ! Flarho~- Attachment "A" U:IMy Docu~nantslClertdCha~tcr i Ldoc 4/27/2007 10:07 Aivl f'abe 7 of 46 19C (4} PLACED TELEPHONE, POWER, OP. OTHER TRANSMISSION FACILITIES, ROADS, TRAILS, OR OTI-IER CONTIGUOUS SUBMERGED LANDS; OR , . {5) CLAIMED THE LAND BY VIRTUE OF SOME FORM OF CONSTRUCTIVE OCCUPANCY. WHERE LAND'IS OCCUPIED BY A PERSON OTHER. THAN THE OWNER OF TIIE IMPROVEMENTS 'T'HEREON, THE OWNER OF THE IMPROVEMENTS SHALL, FOR THE PURPOSE OF THIS ORDINANCE, BE CONSIDERED THE OCCUPANT OF SUCH LANDS. (X) "OCCUPIED OR DEVELOPED" MEANS THE ACTIJAL USE, CONTROL, AND OCCUPANCY, BUT NOT NECESSARILY RESIDENCE, OF THE 'D~,~OR SUBMERGED LAND BY THE ESTABLISHMENT THEREON OF SUBSTANTIAL PERMANENT IMPROVEMENTS. (Y) "ORDINANCE" MEANS THE ICENAI TIDELANDS ORDINANCE. (~) "PARK AND RECRIATION LANDS" MEANS T~;~,:EIANDS CHII?FLY VALUABLE POR PUBLIC /'ARK AND RECREATION USE, INCLUDING SCENIC OVERLOOKS. (AA} "PERSON" MEANS ANY PERSON, FTRf, CORPOIITION, COOPERA~I''~E ASSOCIATION, PARTNERSI~IP OR OTHER ENTITY LIIGALI~::I'~ CAPABLE,QF OWNING LAND OR ANY INTEREST THEREIN. (BB} "PIERI-IEAD LINE" IS A LINE~~IXED B~' THE CORPS OF ENGINEERS ROUGHLY PARALLEL TO THE EXISTING LIME OF MEAN LOW TIDE AT SUCH DISTANCE OFFSI~.ORE THEREFROM THAT SAID PIER/-BEAD LINE SHALL ENCOMPASS LANDWARD ALL STATIONARY, MANMADE STF~UGTURE~ UNDER THE AUTHORITY OF PUBLIC LAW 85-303. ~, (CC} "PREFERENCE I2~ `~'HT" SUB.TECT TQ THE CLASSIFICATIONS THEREOF HEREIN ESTABLIS. ~ ED MEANS TIIE RIGHT Or AN OCCUPANT TO ACQUIRE BY GRANT, PURCHA~E, QR OTHERWISE, AT TI-IE ELECTION OF' THE OCCUPANT, EXCEPT AS OTHERWISE LIMITED OR PRESQ:It.IHED IN TI-iIS ORDINANCE, ANY LOT, PIECE, PAR.C~.,.EL, OR TRACT ~lF' TTDELA;~D OAR SUBMERGED LAND OCCUPIED OR DEVELOP BY SUCH OCCUPANT ON AND PRIOR TO ,IANUARY 3, /959. (DD) ~~ "STATE" MEANS THE STATE OF' ALASKA. (EI~~ "SUBMERGED LANDS" MI~ANS LAND COVERED BY TIDAL WATERS BETWEEN THE LINE OF MEAN LOW WATER AND SEAWARD TO A DISTANCE OF THREE (3} GEpGRAP~IiCAL MILES, IN THEIR NATURAL STATE, VJITHO~[JT BEING AFFECTED BY Iv~ANMAE STRUCTURES; RILL, AND SO FORTIS. {FF} "SUBSTANTIAL ~'ERMANENT IMPROVEMENTS" SHALL FOR TI-IE PURPOSES OF THE ORDINANCE HAVE THE SAME MEANING AS IMPROVEMENTS, AS HEREIN DEFINED. {GG) "TIDELANDS" MEANS LANDS PERIODICALLY' COVERED $Y TIDAL WATERS BETWEEN THE ELEVATIONS OF MOAN HIGH TIDE AND MEAN LOW TIDES, WITHOUT REGARD TO ARTIFICIAL INTERFERENCE WITH TIDAL FLOWS CAUSED BY MANMADE STRUCTURES, BREAKWATERS, FILL, AND THE LIFE. WHEN USED IN THIS ORDINANCE, IT SHALL ALSO INCLUDE SUBMERGED LANDS CONVEYED BY THE STATE TO THE CITY. Chapter 11 Harbor Attachment "A" [f;li~Sy 1]ocumentslClerklChapter 1 t.doc 4127/?0fl7 10:07 AM. 1'uge 8 of 4G X97 (HH} "TIDELANDS SUBDIVISION PLAT" iS THAT CERTAIN PLAT 4F SUBDIVISION OF TIDELANDS AND SUBMERGED LANDS CONVEYED BY THE STATE TO THE CITY MADE BY H.H. GALLIETT, JR., REGISTERED ENGINEER, DATED DECEMBER, 1968, KNOWN AS ALASKA TIDELANDS SURVEY N0.272 AND FILED AS 76-179 IN TI-IiE KENAI RECORDING DISTRICT SHOWING ALL STRUCTURES AND IMPROVEMENTS THEREON AND THE BOUNDARIES OF EACH TRACT OCCUPIED OR DEVELOPED, TOGETI:IER V+~ITH THE NAME OF THE OV~TNER OR CLAIMANT THEREOF, INCLUDING WITHIN THE BOUNDARIES OF EACH TRACT OCCUPIED OR DEVELOPED SUCH St7RROUNDING TIDE AND SUBMERGED Lt4NI]S AS SHALL BE REASONABLY NECESSARY IN THE OPINION OF THE COUNCIL F4R THE USE AND ENJOYMENT OF THE STRUCTURES AND IMPROVEMENTS THEREON BY TIDE OWNER OR CLAIMANT, BUT SF]ALL NOT INCLUDE ANY TIDE OR SUBMERGED LANDS WHICH IF GRANTED TO SUCH OCCUPANT, V+~~7ULD UNJUSTLY DEPRIVE ANY OCCUPANT OF ADJOTNINC~ LANDS FROM Hi~a REASONABLE USE AND ENJOYMENT TI-IEREOF'.] ,_~ ~. I.1.15:030 APPROVAL AND ACCEPTANCE OF ST/Ii,TE COIEYANCE. [THE CONVEYANCE BY THE STATE TO THF, CITY, DATED JANUARY 6, I977 OF TIDELANDS AND SUBMERGEDi:~,ANDS LYING SEA'V+J'AI~.D OF THE CTTY IS HEREBY APPROVED A.ND ACCEPTED] AND THE LANDS `I'~-TEREIN ARE HEREBY DECLARED INCORPORATED INTO THE LIMITS OF THE CI~~'Y.]z~ 11.15.040 APl'RDVAL AN73 ADOPTION O:~' S;~`BDIVISION PLAT. [TI-IE TIDELANDS SUBDIVISION PLAT, HEREIA3AFTER CALLED ''PLAT" .TS HEREBY APPROV~ AND ADAPTED AS THia OFFICIAL TIDELANDS SUBDIVISION PLAT OI~ THE CI'I~Y{O.F KENAI; ALASKA, OF TIT}E AND SUBMERGED LANDS CONVEYED BY THE STATE Td THE CITY BY CONVEYANCE DATED JANUARY b, I977. SAID ~3LaSKA TIDELANDS SURVEY I~~ NUMBERED 272 AND IS FILED UNDER 7b-I79 IN 'I~IE KENAI RECORDINGr DISTRICT.] ~~'= ~ 11.15.050 TIME AND PLA,.CES OF;~POSTING PLAT. [SAID PLAT SHALL BE POSTED FOR A PERIOD OF NOT LESS THAN SIXTY (60) DAYS, COMMENCING WITH THE DATE FOLLOWING THE DATE OF FINAL PASSAGE OF THIS ORDINANCE, IN THE OFFICE OF THE CLERK, CITY HALL BUILDING.] 11.15.06U PUBLICATION OF NOTICE OF POSTING PLAT AND PLAT ANI? PASSAGE OF ORDINANCE. [THE CLERK SHALL CAUSE TO BE ISSUED AND PUBLISHED ONCE A WEEK FOR FOUR WEEKS, IN A, NEWSPAPER OF GENERAL CIRCULATION IN THE CITY, COMMENCING THE DAB' AFTER TI-IE DATE OF FINAL PASSAGE OF TI-IIS ORDINANCE, A NOTICE OF THE POSTING OF SAID PLAT CONTAINING THE FOLLOWING STATEMENTS: C:I~apter 11 kiarbnr Attachment "/t" Y1:IMyDocumentslCferklCha~ter l l,doc A/27'/20117 10:07 AM Wage 9 of Afi I.98 {A) TIME AND PLACE OF POSTING. (B} THE DAY QF FINAL PASSAGE AND THE EFFECTIVE DATE OF THIS ORDINANCE WHICH ADOPTS THE PLAT AS THE OFFICIAL TIDELANDS SUBDIVISION PLAT OF THE TIDE AND SUBMERGED LANDS CONVEYED BY THE STATE TO THE CITY ON JANUARY d, 1977. (C} THAT ANY AND ALL PERSONS HAVING ORCLAIMING PREFERENCE RIGHTS PROVIDED BY LAW AND AS HEREIN DEFINED TO ANY PART OR PART"S OF THE SUBDIVIDED LAND EMBRACED WITHIN THE BOUNDARIES OAF SAID PLAT, WHO FAIL TO APPLY TO EXERCISE SUCH RIGHTS UNDER THE PRG:Vi~~IOTIS OF THIS ORDINANCE WITHIN TWO {2) YEARS FROM AND AFTER~O`~.TOBIR d, 1979, WHICH. IS I-IEREBY DECLARED TO I3E THE DATE UPON WHICH ~P~PLICATIUNS THEREFOR WILL BE FIRST ACCEPTED BY THE CITY, SHALL HA?~E FORFEITED THEIR PREFERENCE RIGHTS PROVIDED BY LAW AND THIS ORDINANCE. {D) THAT THIS ORDINANCE WAS ENACTED `I~O~ PR~TECT OCCU1'AN'TS IiAVING PREFERENCE RIGHTS, TO AFFORD DUE PROCESS OF T~~W, TO PROVIDE •~~} PROCEDURES FOR. APPLYING FOR EX~RC}I~SE fJF PREFERENCE RIGHTS., FOR HEARING AND ADJUDICATING ADVERSE CLAIMS, ANA F~3R CONVEYING TITLE TO OCCUPANTS HOLDING PREFERENCE RIGHTS DEFINED BYLAW AND TIIIS ORDINANCE. (E) ~-'THAT COPIES OF THIS ORDINANCE AND APPLICATION=~'ORMS ARE AVAILABLE AT THE OFFICE OF TI-IE CLERK C7F TI-IE CITY. 11.15.070 TIME IN 'WH1„~ ~pPLICATIOI~S WILL I3E ACCEPTED FOR FILING. [APPLICATI01~ FORMS, 1N SUBSTANTIALLY THE FORM SET FORTH IN KMC I I.I5.290(A) WILL~~BE fkCCEI'TED FOR FILING ONE BUSINESS DA"Sr AFTEP. THE EFFECTIVE DATE OF THIS ORDINANCE, AND rNDING TWO CALENDAR YEARS THEREAFTER AND AT THE CLOSE 0~ I3US1NES5 AT S;DO P.M., AFTER WHICH. NO APPLICATaI~~N FOTtIvIS WILL BE FURNISHED AND AFTER WHICH NO APPLICATIONS WILL BE~ACCEPTED ~C+R FILING.] a ~~ ~- ~~`` 11.15.080 P}RQCL-t'DUR.E FOR I,+IL~IVG APPLICATXOI~rS. [APPLICATIONS SMALL BE SUBMITTED, AND WILL BE RECEIVED FOR FILING, OMrY F012 TIIE PURPOSE OF CLAIMING PREFERENCE RIGHTS FIEREIN DEFINED TO TI-iE TIDELANDS CONVEYED TO THE CITY BY THE STATE. {A} APPLICATION-FORMS WILL BE PROVIDED BY THE CLERK WITHOUT CHARGE AT THE CZ~"I'Y CLERK'S OFFICE IN THE CITY HALL BUILDING. {B) APPLICATIONS MUST BE SUBMITTED IN TRIPLICATE. {C) APPLICATIONS N07' CLEARLY LEGIBLE NOR. PROPERLY COMPLETED AND CERTIFIED BY TIDE APPLICANT WILL NUT BE ACCEPTED FOR FILING. S1NCE'I`HE FACT ALLEGED MAY BE USED IN HEARINGS OF DISPUTES THEIR TRUTH IvIUST BE CERTIFIED. THE FACTS ALLEGED WILL ALSO BE THE BASIS FOR. THE CONVEYANCES OF VALUABLE PROPERTY. WILLFUL AND DELIBERATE MISSTATEMENTS OF FACT WILL BE EQUIVALENT TO ATTEMPTING TO OB"I'AIN Chapter l 11~3.urbor Attanhment "A" U:1My nocurnentslCler3clChapter I. [ .doc ~l27/2007 10:07 AM. Paps i0 o3'4C 199 VALUABLE PUBLIC PROPERTY BY MISREPRESENTATION AND MAY SE PROSECUTED AS OBTAINING PROPERTY UNDER FALSE PRE'T'ENSES. (D) APPLICATIONS MAY BE MAILED TO TIDE CITY CLERK, P.O. BOX 580, KENAi, ALASKA, 996I 1, WITH THE PROPER DEPOSIT COMPUTED ACCORDING .TO THE NATURE OF THE APPLICATION MADE. APPLICATIONS PROPERLY COMPLETED ACCOMPANIED WITH THE PROPER DEPOSIT WILL BE STAMPED WITH THE TIME AND DATE OF FILING AND SIGNED BY THE PERSON ACCEPTING THE DEPOSIT. THE TRIPLICATE COPY WILL'THEN BE DELIVERED TO TI-IE APPLICANT, OR MAILED TO HIM IF A RETURN ENVELOPE WITH POSTAGE AFFIXED IS FURNISHED OR DELIVERED TO THE CITY CLERK, CITY ADMINISTRATION 4I~rICES, AIRPORT TERMINAL BUILDING, I~ENAI, ALASKA. (E) ANY APPLICATION FOR A ~UEED BASED ON AN ASSERTED RIGHT OTHER THAN A PREFERENCE RIGHT SHALL BE REdECTE~. , (F) ANY APPLICATIONS NOT WAIVING THE ~~'LAS~'`II PREFEREI~ICE RTGI-IT SHALL BE FILED BY THE CLERK, TOGETHE.~. WITPI AIsS. OTI-IERS OF LIKE i~1ATURE, TO AWAIT TT-IE OFFICIAL PROMUIaGATIOi~T THE PIE~RHEAD LINE, TI-IEREAI'TER SUCH APPLICATIONS SHALL BE PROCESSED A5 APPLT~Afi~IONS UNDi~;R THE CLASS I RIGHTS. {G} APPLICATIONS NOT ACCOiv~'ANIED BY THE PROPER DEPOSIT FOR COSTS SHALL BE REJECTED.] :~~ .~ 11:15.090 INITIAL, ItEVIEV~r BY C4MMTSSIQI [AFTER INITIAL REVIEW OF THE AP~~,ICATIO~ BY THE COMMISSION, THE APPLICANT SHALL HAVE PREPARED AT HIS OWN GHOST A PRELIMINARY AND FINAL PLAT AS DCRIBED IN THE FOLLO~UING SECTION.] . ~ ~. 11.15.100 PRELIMINARY PLAT. '~ [(A} TH}~APPI,IC;ANT SHALL PREPARE, OR DAVE PREPARED, A PRELIMINARY PLAT O'ff` TIIE TIDE, SNORE, OR SUBMERGED LANDS WHICT-I H.I; CLAIMS. THIS PLA>`I~`~S~lALL COMPLY WITH THE R.~QUIREMENTS HEREINAFTER SET FORTH. {B} THE PURPOSE OF A PRELI1vIINARY PLAT IS TO AFFORD THE OCCUPANT AN OPPORTUNITY OF RECEIVING PRELIMINARY REVIEW AND PREVENT THE CJNNECESSARY EXPENDITURE OF MONEY AND TIIvIE THAT WOULD BE NECESSITATED IF IvIAJO~R CHANGES WERE REQUIRED. (C} TIaIE APPLICANT MUST FILE HIS APPLICATION ACCOMPANIED B~' FOUR BLACK OR BLUE-LINED PLATS OF THE LAYOUT. (D) THE COMMISSION SHALL FOR'ULrARD THE PRELIMINARY' PLAT TO AN ENGINEER TO BE DESIGNATED BY THE COMMISSION, WHO SFIALL REPORT'I'0 TI-IE COMMISSION HIS APPROVAL OR DISAPPROVAL OF THE PLAT FOR TECHNICAL OR ENGINEERING REASONS AND THE COMMISSION SHALL, WITHIN NINETY (90} DAYS AFTER SUBMISSION OF TIIE PRELIMINARY PLAT, NOTIFY THE APPLICANT OF THE TENTATIVE APPROVAL OR DISAPPROVAL OF THE PLAT AND HIS REASONS THEREFOR. C1taPter I 1 He.rbor Attachment "A" LI:IMv DocumentslClerklCliapter Y l.dt~c 4!2712007 I(?:U7 Alvf Page I I of 4G Zoo {E} CONDITIONAL APPROVAL OF THE PRELIMINARY PLAT SHALL NOT CONSTITUTE APPROVAL OF THE I~IItiTAL PLAT. RATHER, IT SHALL BE DEEMED AN EXPRESSION OF APPROVAL AS A GUIDE TO PREPARATION OF TIIE FINAL PLAT.] XT.15.T10 PRELIMINARY PLAT REQUIREMENTS. [THE PRELIMINARY PLAT SHALL SHOW THE FOLL01U1NG INFORMATION: {A) LEGAL DESCRIPTION OF LOCATION TO INCLUDE LATITUDE AND LONGITUDE TO THE NEAREST MINUTE AT ONE CORNER OP THE SURVEY AND THE TOTAL ACRES OF TIIE AREA OCCUPIED OR CLAIMED. (B) NAME AND ADDRESS OF API?LICANT AND NAME pF LAND SURVEYOR, IF ANY, WHO PREPARED THE PRELIMINARY LAYOUT. ,; (C} THE HORIZONTAL SCALE SHALL SE 1 OQ' TO THIS 1NCH t7NLES5 OTHERWISE t. APPROVED BY TIIE COMMISSION. ~'}~ {D) DATE OF PREPARATION AND NORTH~I'OINT. ~ ,;. ~, (E) THE HORIZONTAL SCALE SHALL B~.' I OQ.' TO THE ~lCH UNLESS,QTHERWISE APPROVED BY THE COMMISSION. ~~ry ' (F) THE LOCATION OF ALL ROADS WITHIN 20D' Q~ THE TRACT. FILL MATERIAL, EXISTING PERMANEN~ BUILDINGS, OR O~'HER STRUCTURES WITHIN THE PARCEL, EXISTING UTILITY LINES, 4' EAN HIGH AND LOW TIDE LII~TES WITII .REFERENCE TO PEItMANEN7' STRUCT~L7RES AND OTHER PERMANENT FEATURES SUCH AS SECTION LINES, AND SUCH OTHER INFQRMA'~I~ON AS MAY BE REQUESTED BY THE C~~'Y. ~~.~=~ ~, (G) SPACE FOR AI'I~~OVAL ANDIOR COMMENT` BY THE COMMISSION, (H} THE NAME~O,F ADJACENT OV>>I~IERS f3R CLAIMANTS, IF ANY, O'T'HER THAN THE CITY. ~ } {I} AD.II~ENT U.S. SURVEYS, IF ANA'', WING THE NUMBER OF THE SURVEY. ~~ (3} A ~CINITY SKETCH OTt KEY MAP SHOULD BE SHOWN ON THE PREIMINARY LAYOUT.'THE SCALI~~'SIIALL NOT BE LESS THAN ONE-HALF 1NCH TO fiHE ~TLE, THE RELA'T'IVE LOCATION OF THE PARCEL BEING APPLIED FOR, THE PRINCIPAL ROAD SYSTEMS}SAND SECTION OR SPECIAL SURVEY LINES SHALL ALSO BE SHC},VJN.] 3 11. x 5.I.20 SUR'V~E'1' pI~~~CI;DURE. [WHEREVER;rF'EASIBLE, DATA AS SET FORTH IN ATS 272, RECORDED IN TIIE KENAI RECORDING.DISTRICT AS 76-I79 SHALL BE USED. WHERE ADDITIONAL DATA IS REQUIRED THE FOLLOWING PROCEDURES SHALL GOVERN: (A) DETERMINING TIIE LINE OF MEAN IIIGII TIDE. (T} IN THE CASE OF U.S, SURVEY WHICH ABUTS TIIE TIDELANDS, SUCI-I U.S. SURVEY BEING MADE PRIOR TO TIIE DATE OF STATEHOOD, THE LINE OF MEAN HIGH TIDE SHALL BE CONSTRUED TO BE EITHER THE MEANDER LINES ESTABLISHED ON THE SEAWARD SIDE OF TI-IIr U.S. SURVEY OR THE LINE AS Chapter !1 Nlarbor Attachmcnt "A" 4/27/2007 10:07 AM CJ:IMy poeiirnenrslClerklChapter 1 l.dac Page 12 of 4fi 201 DEFINED UNDER SECTION 2(S) Or THESE REGULATIONS; WHICHEVER IS TI-IE LOWER. (2) FOR TIDELANDS SURVEY'S ABUTTING ANY U.S. SURVEY MADE AFTER THE DATE OF STATEHOOD OR IN ANY LOCATION WI-IERE NO UPLANDS SURVEY EXISTS, THE LINE OF MEAN HIGH TIDE SHALL BE DETERMINED BY 'USING U.S.C. & G.S, BENCH MARKS (OR ANY OTHER BENCH MARKS WHICH HAVE SEEN ESTABLISHED FROM THAT SOURCE), AND TIDE TABLE DATUM, THI/ UPLAND BOUNDARY NEED NOT FOLLOW TH.ZS LINE IN ITS ENTIRE EXACTNESS, BUT MAY FOLLOW IN A "MEANDER" OR "AVERAGE" LINE OF SEAN HIGH TIDE. EACH.END OF THE BOUNDARY SHOULD BE ESTABLISHED ON TAE ELEVATION OF MEAN HIGH TIDE. PROVIDED, HOWEVER, TI-IAT WHERE THE TRUE LINE OF MIaAN HIGI-I TIDE HAS BEEN ALTERED BY FILL OR ARTIFICIAL ACCRETION, TIDE LINE OF HIGH TIDE AS IT EXISTED PRIOR TO SUCH ALTERATION SHALL GOVERN. (3) IN THE CASE THAT NO U.S.C. & G.S. BENCH MARK EXISTS WITHIN ONE MILE OF THE PROPERTY BEING SURVI~YED, THE ~URVE"S'OR MAY, B)C USING THE TIDE TABLES FOR THE IMMEDIATE $~7~D,Y OF WAFER, AND APPLY~1~ TIDAL READINGS IIE HAS TAKEN, DETERMINE THE LINE OF MEAN HIGH TIDE AND USE IT IN ACCORDANCE WITH PARAGRAPH (2) OF THIS SECTION, IN SOME CASES, SUCH AS SALT OR MUD FLAT AREj~AS WHERE THE AVERAGE GRADE OF THE BENCH IS TEN PERCENT (la%) OR LESS AND DE'T'ERMINING THE ELEVATION OF THE LINE OF MEAN HIGH TIDE COULD CREATE A LENGTHY ~'iORIZONTAL DISTANCE, TI-TE-CIT~S' COUNCIL MAY REQIrIRE THAT THI~;TRUE LINE OF MLAN HIGH TIDE BE ESTABLISHED, REGARDLESS OF THE T]I~TANCE FROM. A KNOWN BENCH MARK. N {B) METHOD OF,~ESTABLI~H.ING SIDE BOUNDARY LINES. V'( (1) IN F~'~INCx THE SIDE BOUNDARY ~°INES, THE GENERAL RULES DF EXTENDING RIPARIAN BOUNDARY LINES,~.S OUTLINED BY SUCH AUTHORS AS RAYNER, ~RIC OR BROWN, SHALL B':~ ~~1LLOWED..iN THE EVENT THA`I' ACTUAL ~~`'~CUPANC'~' DOES NOT MATCH THE RIPARIAN I30UNDARIES, THE SURVEY SHALL BE MADE TO INCLU-DE THE OCCUPANT' S HOLDINGS AND NOT TO EN~~OACH ON THE AD.JOININ~G OCCUPANT. ,~< 11.15.130 PROCEDURE ON FINAL PLAT. [(A) THE FINAL Px.,AT,HALL CONFORM SUBSTANTIALLY TU TPTE PRELIMINAR4' LAYOUT AS APPROVEI~uBY TI-IE COMMISSION. (B) THE FINAL PFLAT SHALL BE SUBMITTED TU THE CITY CLERK ON GOOD QUALITY TRACING CLOTH, IN INK, OR MYLARS TOGETHER ~'irITI-I FIVE PRINTS, (C) THE FINAL PLAT SI-IALL BE DRAWN TO SCALE OF I"EQUALS I00', WITH. AN OPTION OF USING I"EQUALS 20' OR 4a', ON SHEETS OF ONE OF TI-IREE SIZES: i 8" X 24", 3I 112" X 34", OR 22" X 3G", UNLESS OTHERWISE APPROVED BY THE COMMISSION, VI~IIEN MORE THAN ONE SHEET IS REQUIRED, AN INDEX SHALL BE FILED SHOWING THE ENTIRE PARCEL WITH THE SHEETS ~IN NUMERICAL ORDER, AND EACH SHEET SHOWING THE TOTAL NUMBER, I.E., SHEET I OF 3, WI-IEN~.MORE Chapter 11 Harhor Attachment "A" 4/27/2007 10:07 AM LI:IM~y DocumentslClerklChaptar 1 l.doc Pale l3 of4C 202 THAN ONE SHEET IS SUBMITTED, ONLY THE LAST MUST HAVE THE APPROVAIa BLOCKS, BUT ALL SHEETS MUST BE THE SAME SIZE. (D) WHEN THE FINAL PLAT HAS BEEN APPROVED BY THE COMMISSION, ONE COPY SHALL BE SENT', ALONG WITH THE DEED TO THE PROPERTY, T'0 THE MAGISTRATE OF TI-IE RECORDING DISTRICT IN WHICH THE TRACT LIES FUR OFFICIAL RECORDING. SPECIAL INSTRUCTIONS SHALL BE SENT TO TIDE MAGISTRATE INSTRUCTING HIM TO SEND TI IE DEED TO THE OCCUPANT AFTER RECORDINC'1. ONE COPY OF THE PLAT WILL BE RETURNED TO THE OCCUPANT. THE ORIGINAL TRACING CONTAINING THE CER.TI~FI,CATION ~~' 'I"HE COMMISSION WIT,L BE RETAINED BY THE CITY. PRINTS OR DUPLICATE 'I'RAN~~FARENCIES 'WILL BE IiURNiSHED AT COST OF REPRODUGTION.~ 11.15.140 ~'1NAL PLAT REQUFREMENTS. '~t [(A) THE FINAL PLAT SHALL INCLUDE ALL II~~`ORIi%IATION REQUIRED ON THE PRELIMINARY PLAT. ~ :~~ , .~~~ (B} THE FINAL PLAT MUST REPRESENT`AN ACT'U~Aiv JRVEY MADE BY A PERSON WHO HAS BEEN QUALIFIED BY THE STATE O~~ ALASKA, I30A~RD OF ENGINEERS & ARCHITECTS E~'AMINERS TO PRACTICE LAND SURVEYING IN THE ~: STATE OF ALASKA.. T (C} IN ADDITION THERETO, THE FQLLO:WING INFORMAT~,~N SHALL BE SHOWN ON THE FINAL PLAT: _ ~5 (I} BOUNDARYiL1NES OF THE PAR'EL WITH LENGTH AND BEARINGS WHICH MUST CLOSE ~H~.N THE LIMITS OF ONE TSJ 5,000.. IF THE SEAWARD LIMITS OF THE SURVEY FALLS WITHIN THE LINE OF MEAN LOW TIDE, TIME SEAWARD BOUI~IA.RY MUST REPRESENT LINES ACTUALLY ESTABLISHED BY THE SURVEYOR. (2) ~~~~~~LL EASEMENTS AS REQ~,~..JIRLD BY T.I-IE CITY. (3)"~'~ BASIS Q~' BEARINGS USED. ,4r ~4} A PROPERLY LABELE~~`LEGEND SHOWING MONUMENTS AS FOUND ~:= - . OR ESTABLISHED. (S) TXIE COURSE OF THE SHORELINE FOR AN ADDITIONAL 400' FROM EACH SIDE OF 'I`'HE SURVEY. (D) MONUMENTS. (1} MINIMUM REQUIREMENTS: MONUMENTS SHALL CONSIST OI' A 1 112" GALVANIZED IROl~f PIPE, 30 OR MORE INCI-IES LONG. THIS PIPE SHALL HAVE A FOUR-INCH FLANGE ACROSS THE BOTTOM AND SHALL BE FILLED WITH CONCRETE. FIRMLY' EMPLACED IN THE CONCRETE AT THE TOP SHALL BE A BRASS OR BRONZE~CAP. TI-iE PIPE SHALL BE THOROUGHLY TAMPED WHEN SET, (2) THE $RASS OR BRONZE CAP SHALL HAVE A MINIMUM OF TWO-INCH DIAMETER ACROSS THE TOP AND 314" BY 2 I/2" SI-IA.NIC. EACH CAP SHALL BE MARKED IN ACCORDANCE WITH THE MANUAL OF SURVEYING INSTRUCTIONS Cha~tcr ] L 1-lar6or Attachment "A" i1:1My DocumentslCtcrklCha~tc;r ! ].doc 4/2'7!2007 I {1:07 AM Pngc 14 of dG 203 AS COMPILED BY THE BUREAU OF LAND MANAGEMENT AND SHALL ALSO SHOW THE REGISTRATION NUMBER OF THE SURVEYOR. (3} WHERE IMPRACTICABLE TO SET AN IRON .PIPE MONUMENT, A TABLET CONTAINING A MINIMUM OF 1,00 CUBIC.INCI-iES OF CONCRETE AND A BRASS OR BRONZE CAP MARKING THE ACTUAL CORNER POINT MAYBE USED. SI-IQULD THE POINT FOR A CORNER BE IN A PLACE 'WHICIT WOULD BE IMPRACTICABLE TO MONUMENT, WITNESS CORNERS SHALL BE SET IN A SAFE PLACE ON TI-IE SURVEY BOUNDARY LINE OIt HAVE TWO REFERENCE MONUMENTS SET. THE MONUMENTS ON THE UPLANDS SIDE ~OF THE SURVEY SHALL BE REFERENCED TO BEARING OBJECTS, SUCH AS TREES;3ROCKS, PILING, BUILDINGS, ETC., OR HAVE TV'JO REFERENCE MONIJMI~Ia7.TS SET MARKING THE CORNER. (~) 'I"i-IESE REFERENCES MAY SE SxIOWN ON TI-IE•PI~AT OF SURVEY OR MAY BE LISTED SEPARATELY ON A PLAT AS DESCRIBEDD~ilND'ER KMC I I.15.I30{C}. (1) UNLESS OTHERWISE APPROVED BY THE;~CiTY COUNCIL, EACH SURVEY SHALL FIAVE AT LEAST' FOUR M~1~lUMENTS, EACI-I FULLY DESCRIBED IN THE PLAT OF SURVEY. IT IS DESIRABLE BUT NOT MAI~DASTORY THA S~~ MONUMENTS BE SET AT ALL EXTERIOR ANGLE POINTS OF THE PARCEL. TITE LINE OF SIGHT BETWEEN ADJACENT MONUMENTS SMALL BE UNOBSTRUCTED. THE DISTANCE BETWEEN ADJACENT IviONUMENTS SFIALL NQT EXCEED 1,32Q FT. NO PART OF' THE PARCEL SI TALL BE FAR.T~ER THAN 1,320 ~. FROM A MONUMENT UNLESS OTHERWISE API'~tOVED.. BY 1`HE GIT`7' COUNCIL. r,Yw< < (2} IF THE I'OT FOR THE SEA~JA~D CORNER~FALLS IN AN UNSAFE PLACE, A V4rITNESS CO ;, ER ~I-iALL BE ESTABLISHED ON THE SIDE BOUNDARY LINE. ..: (F) RELATIONSHIP TO KNOWN MONUMEi~~~~ (1} EARINGS 4F ALL LIB SHA~IaL BE REFERRED TO THE TRUE MERdDIA. ~ },'>fi~E IY~AGNETIC NEEDLE MAY NOT BE USED FOR THIS PURPOSE. BEARIN`~,SHALL BE OBTAINED BY DEFLECTION FROM EXISTING OFFICIAL SUIR~YS AT THE G.L.O., B.L.M., U.~~C., AND G.S., U,S.G.S., THE ALA-1.SKA. DIVISION OF LANDS, OR MONUMENTS WITH PROPER IDENTIFICATION WHICFI ARE DELINEATED ON RECOIZ.DED PLATS, UNLESS OTHERWISE PROVIDED FOR IN THESE REGL7LATION~S. .t (2} TRU,]r BEARINGS AND DISTANCES TO THE NEAREST ESTABLISHED SURVEY LINES, SUC~-~:5 THOSE LISTED PREVIOUSLY, WHICH SHALL BE ACCURATELY DES:,CRIBED ON THF, PLAT, SHALL BE SHOWN. 11..15.150 DEPOSITS FOR COSTS PRERIGQUISITE TO r1L>CNG. jTHE APPLICATION FORM WILL ASSIST THE APPLICANT IN DETEI.MINING~ THE PROPER COSTS TO ADVANCE, WHICH WILL DEPEND UPON THE NATURE OF THE RIGHT CLAIMED. IN ALL~CASES A FILING FEE OF TEN DOLLARS {$10.00) WILL BE REQUIRED. SURVEY COSTS DEPEND UPON THE.AREA CLAIMED AT THE RATE OF $.OI51G PER SQUARE FOOT. IF THE AREA CLAIMED IS DIFi'ERENT FROM THE Chapter I l 1-la~~hor Attachment "A" 4!2712(167' I U:67 AM iJ:1My I7ocumentslCterklChapler 1 I.doc Page IS of'4G 204 LOT AS IT APPEARS ON THE PLAT, THE APPLICANT SHALL~SHOW THE, MEASUREMENTS OF THE ADDITIONAL OR LESSER AREA CLAIMED AND COMPUTE AND PAY TFIE DIFFERENT SURVEY COST ACCORDINGLY. TRANSFER COSTS WILL BE THE SAME IN ALL CASES. THEY COVER. THE COST OF TIME ESTIMATED TO BE REQUIRED TO EXAMINE, PROCESS, AND APPRO~IE THE .~ APPLICATION, AS WELL AS TO PREPARE AND EXECUTE THE DEED. PUBLISH NOTICE, GIVE NOTICE OF ADDITIONAL COST'S, IF ANY, AND GIVE NOTICE TO APPLICANT. IN ALL CASES, TRANSFER COSTS WILL BE I.N THE AMOUNT OF $35.00. DEP05IT F'OR APPRAISAL COSTS WILL BE REQUIRED IN ALL CASES OF CLASS III PREFERENCE RIGHTS, OR WHERE ANOTHER ASSERTED RIG~-IT TS~DETERMINED BY THE COUNCIL TO BE A CLASS III RIGHT. APPRAISAL COSTS 'UVILL DEPEND UPON THE AREA INVOLVED AND THE COMPLEXITY OF.THE APPRAISAL SOUGHT. WHERE REQUIP~ED AS A DEPOSIT, TrTE MINIM~[IM AMOUNT 1S FIFTY DOLLARS ($SO}, BUT ADDITIONAL AMOUNTS NOT EXCEEDL~I~~$100 MAY ICE REQUIRED PRIOR TO DELIVERY OF DEED.] ~E. . "~ ~ •,~, V 11.I5.~,60 ADDITIONAL CASTS IN CERTAIN CASES. ~~ ;£ [ASIDE FROM DEPOSITS REQUIRED AT TIME TIME OF FILING APPLICATIONS, ADDITIONAL. COSTS V~~ILL BE REQ;TJIRED TO BE PAID. PRIOR TO HEARINGS WHERE DISPUTES REQUIRE HEARINGS, AND FOR COST OF LANT~ UNDER A CLASS III RIGHT AS WELL AS APPRAISAL THEREOF Vi~'HEN A PREFEREI~#CE RIGHT SOUGHT TO BE EXERCISED IS DETERMINED TO; BE A CLASS 7II RI~I-IT, AS I'OLLOWS: (A) WHEN THE AREA_CLAIMED DOES NOT~COMPLY WITH THE BOUNDARIES OF THE LOT SHOWN ON.T.E P~,AT, IT IS NECESSARY T40 HAVE A HEARING TO ESTABLISH THE V~L• IDITY O..F THE RIGHT ~LA~IMED AND WHETI~IER IT IS NECESSARY P'OR~`''''I'~HE PLAT TO BE CHANCrEU T~} COMPLY WITH THE APPLICATION. THIS ivlA~ REQUIRE NOTICE.~TO BE GIVEN TO ADJACENT OCCUPANTS~NTERESTED IN THE DIFFERENCE BETWEEN THE I~ANDS CLAIMED AND LAND"A~ SHQVJN ON TX3E PLAT SO THAT ALL PARTIES IN INTEREST MAYBE HEARD AT THE HEARING. ~ r (B) -Ny Wi-IEN APPLICATIONS CONFLICT WITH THE SAME AREA OR PORTIONS THEREOF, IT SHALL BE I*IECESS~~.RY TO CONDUCT A IIEARING TO DETERMINE TI-IE FACT AND THE ISSUE IN QUESTION, CONFLICTING CLAIMS WILL BE CAREFULLY SCRUTINIZED AND EACH DISPUTING PARTY WILL BEAR TIIE BURDEN OF PROVING FACTS SUFFICIENT TO ESTABLISH THE VALIDITY OF HIS CLAIM. 1 (C) THE PARTY FILING A:N APPLICATION CONFLICTING WITH A CLAIM PREVIOUSLY FILED SHALL BE REQUIRED TO DEPOSIT HEARINGS COSTS IN THE AMOUNT OF $100. IF THE CONFLICT IS NOT KNOWN AT THE TIME OF FILINCr, THE APPLICANT SHALL BE ADVISED OF THE CONFLICT AS SOON AS IT IS KNOWN AND OF THE NEED TO DEPOSI'T' THE HEARING COST DEPOSIT. (D) THE APPLICANT WHO AFTER HEARING AND DETERMII~TATION BY THE COUNCIL IS DETERMINED TO HAVE CLAIMED THE LAND OF ANOTHER SHALL BE THE PARTY TO BEAR THE COST OI~ THE HEARING. IF SUCH PARTY DID NOT Ck~t~pt.er 3 1 ~-{arhor Areachmenf "A" 4127120(17 10,()7 AM U:IMy DocumentslCkerklChapter 1 i.doc 205 Page lGaf46 DEPOSIT SUCH COSTS, NO DEED SHALL BE DELIVERED TO HIM. UNTIL THE COST IS PAID. WHERE THE DEPOSITOR IS THE PREVAILING PARTY, THE HEARING COST DEPOSITED SHALL'BE REFUNDED TO HIM I3Y THE CITY. {E) WHEN TITLE BY CLASS III PREFERENCE RIGHT IS CLAIMED, THE APPLICANT SHALL BE REQUIRED TO DEPOSIT THE APPRAISED PURCHASE PRICE AFTER APPRAISAL HAS BEEN MADE AND THE PURCHASE PRICE HAS BEEN SO DETERMINED. THE SAME PROCEDURE WILL BE APPLIED WHEN NO APPLICATION UNDER ANOTT=IER CLASS OF RIGHT IS SOUGHT BUT IS DETERMINED THAT TT-TE ONLY AVAILABI.~E RIGHT TO THE APPLICANT IS A CLASS III R~~I~T, _~~~. {F} WHEN A PREFERENCE RIGHT IS SOUGHT TO BE EXERCISED OTHER TkIAN A CLASS III RIGHT AND SUCI-I RIGHT IS DETERMINED TO BE A CLASS RIGHT, THEN THE APPLICANT SHALL BE REQUIRED TO DEPOSIT T~-iE ESTI~vTATED COST OF APPRAISING THE PROPERTY CLAIMED. ~ _,~ - (G) THE APPLICANT WHO RECEIVES THE DEL F.RbM THE CITY SHALL AT HIS OWN COST BEAR THE COST OF RECORDING; THE DEED.] , ~~A ~r 1T.T5,T'~0 PROCEDiJItES FOR PRC}CRSSING FILED A~I~PLICATIONS. [THE CLERK SHALL CAUSE ;PIE FOLLOWING PROCEDURES TO BE CARRIED ovT: (A) ALL COPIES OF APPLICATIONS ACCEPTED FOR FIL~N~~ SHALL 13E STAMPED WITH TIME AND DATE OF FILING AND AN APPLICATION~ItJMBER IN C.HRONOLUGICAL ORDER OF FILING. (B) ALL ORIGINAL A~'PLIEATIONS SIT~LL BE FTLI*D TN A PERMANENT REGISTER AND T~ NAMES OF THE APPLICANTS ENTERED TN AN ALPHABETICAL INDEX' WHICH SI~•A'LL BE A PERMANENT PART OF SUCH REGIS'T'ER. (C} THE APPLICATTON~ RECJIS'~ER SHALI,e~BE AVAILABLE FOR PUBLIC INSPECTI{ 3 ,DURING OFFICE HOURS OF '1?fiE CLERK EXCEPT WHEN IN' ACTUAL USE FOR ~ING AND INDEXING. (D) x CERTIFIED COPIES OF ALL ~;~PLICATIONS SHALL BE PREPARED FOR A;LL PERSONS UPON REQtJE~T UPON,THEIR PAYING TWO DOLLARS ($2:aQ) PER PAGE FOR COPIES OF SAID APPLICATIONS AND ANY AT'TACI-IMENTS FORMING A PART THEREOF. {E) PROCESSING OF ~~JPLICATE APPLICATIONS. THE THIRD COPY OF TT~E APPLICATION WILL B~RETURNED TO TT-TE APPLICANT AS HIS RECORD AND AS RECEIPT FOR DEPO,~iT MADE; OR MAILED TO APPLICANT IF HE HAS PROVIDED A RETURN ENVELOPE. TT~E SECOND COPY SHALL BE THE WORKING FILE COPY TO BE HANDLED AND PROCESSED AS FOLLOWS; (I) APPLICATIONS TO EXERCISE CLASS I PREFERENCE RIGH'T'S I-IAVTNG WAVERS ATTACHED AND WHICH APPLY FOR LANDS VLF-ITCH COMPLY WITH THE PLAT WITH RESPECT TO AREA AND BOUNDARY LOCATIONS SHALL BE TRANSMITTED TO THE CITY ENGINEER FOR HANDLING AS PROVIDED IN KMC 1 1,15.194. APPLICATIONS TO EXERCISE CLASS i PREF.ERENCE RIGI-ITS WHICH DU NOT I-iAVE WAIVERS ATTACHED, IRRESPECTNE OF WHETHER THE LANDS Chapter l l [iar6or Attachment "A" A/27I2007 70:07 AM L]:1My DoeuinentsiClerlclChapter 1. l,doc Page ] 7 of 46 206 APPLIED FOR COMPLY WITH THE PLAT SHALL BE SEGREGATED FOR HANDLING IN THE SAME MANNER AS CLASS II PREFERENCE RIGHT APPLICATIONS. (2) APPLICATIONS TO EXERCISE CLASS 1 PREFERENCE RIGHTS HAVING WAVERS ATTACHED, AND WHICH CLAIM LANDS WHICH DO NOT COMPLY WITH THE PLAT WITH RESPECT TO AREA AND BOUNDARY 1.,OCATIONS, SHALL BE TRANSMITTED TO THE CITY ENGINEER FOR HANDLING AS PROVIDED IN KMC 11.15.190 AND FURTHER PROCESSING AS PROVIDED IN KMC11.15.220. (3) APPLICA'!'IONS TO EXERCISE CLASS II PREFERENCE RIGHTS SHALL BE SEGREGATED AND KEPT WITH. CLASS I PREFERENCI; RIC~,HT~,~PPLICATIONS NOT HAVING WAI--VERB ATTACHED. ALL SUCH APPLIC~~ IONS SHALL BE HELD IN ABEYANCE BY THE CITY UNTIL SUCH. TIME AS THE PIEI~HEAD LINE IS ESTABLISHED BY THE CORPS OF ENGINEERS, WHEI~~I.1}?ON SUCH APPLICATIONS SI*L4LL BE PROMPTLY HONORED AND PROCESSF.~D IN THE MANNER HEREIN DESCRIBED FOR CLASS I PREFERENCE RIG_ I-iT A;'LI~AT'IONS, WHERE WAIVERS ARE ATTACHED. ;~. ,: (4)~ APPLICATIONS TO EXERCiSB~~.,ASS lII PREFERENCE RIGHTS, AND ALL APPLICATIONS DETERMINED ~IN WHOLE OR IN PART~1'O BE CLAS'~~ III, SHALL BE TRANSMITTED TO THE ASSESSOR FOR APPRAISAL AS PROVIDED IN KMC 1.1:15.180. '~_ '~ (5) NO APPLICATIONS WHICH COMBINE CLASS I, CLASS Il, AND CLASS 1II, OR. ANY COMSINAI'lON OF SUCH PREFERENCE RIGHTS°, WILL BE ACCEPTED FOR FILING. ANY SUCH APPLICATION PRES~TEI) FOI~,~~LING SMALL BE RETURNED TO TI-IE APPLICANT FOR REVISF~ N INTO TWO OR MORE APPLICATIONS, EACI~~'~F WHICH W[LL APPLY FOR IJAND UNDER ONLY ONE TYPE OF PREFERENCE ~~HT. (6) AN APPLTCATION TO EXERCISE ~'1VE CLASS OF PREFERENCE RIGHT WHICH IN PART COMPLIES Va~ITH THE PLATS WITH RESPECT TO AREA AND BOUNDAR~~QCATIONS, BUT DDES NOT WHO.L.LY COMPLY WITH THE PLAT IN SUCH RESPECTS, SHALL BE TREATED AS IF NO PART DF THE APPLICATION SO COMLIES WITH THE PLAT ANDp SI-i~ALL BE PROCESSED FOR CONTEST HEARING.] :~- ,. l 1.15.I80 A.FPftA1[SAL. [ALL AI?~'LICATIONS~ T'OR CLASS II PREFERENCE RIGHTS SHALL BE TRANSMITTED TfJ A PI~~QFESSIONAL APPRAISER FOIL APPRAISAL. HIS APPRAISAL SHALL BE MADE ON .~~~FORM PREPARED IN DUPLICATE, THE ORIGINAL Olr WHICI-I SHALL BE ATTACHED TO THE APPLICATION AND THE DUPLICATE OF WHICH SHALL BE RETAINED FOR HIS RECDItDS. API?LICATIONS WHEN APPRAISED SHALL, F3E TRANSMITTED TO THE CITY ENGINEER FOR FURTI-IER PROCESSING.) I.I.15.I9Q REVIEW BY CITY ENGINEER. [ALL APPLICATIONS BEING READY FOR PROCESSING SHALL BE REV.IE~jI/D BY THE CITY ENGINEER. UPON REVIEW AND COMPARISON WITH TIDE PLAT, HE SHALL MAKE HIS REQUEST TO THE HARBOR COMIvII.SSION GIVING A COPY Cl~a~ter 11 l~iarbor Attachment "A" 4/27/2007 10:07 AM U:1M~~ DociimentslClerklCh~pter I l .doc ZO,7 Page 1 S of hG THEREOF TO THE APPLICANT AS TO WHETHER OR.NOT THE APPLICATION~SEEKS TO EXERCISE A PREFERENCE RIGHT TO LAND WHICH IS DESCRIBED ON THE PLAT,.AND COMPLIES WITH IT IN RESPECT TO AREA AND BOUNDARY LOCATIONS.] ~ ~ . 11.15.200 'RECOMMENDED APPROVAL BY COMMISSION. THE KENAI ADVISORY HARBOR COMMISSION SHALL REVIIaW ALL APPLICATIONS FOR TIDELANDS UPON THE SUBMISSION OF THE CITY ENGINEER'S REPORT. THE GOMMISSION MAY CONDUCT PUBLIC HEARINGS TO VERIFY TIIE VALIDITY OF THE APPLICANT'S CLAIM. ANA' REQUEST ADDITIONAL EVIDENCE BY WAY OF AFFIDAVITS AND THE LIFE IN OLDER TO GOME TO RECOMMEND SAID CLAIM FOR APPROVAL BY THE CITY COUNCIL NOTIFYING APPLICANT THEREOF BY MAIL SENT TO THE ADJ~RES~ STATED ON HIS APPLICATION. TIDE COMMISSION~MAY PROVID~A. G~HECK.yOFF LIST TO AID IT IN CONSIDERING APPLICATIONS. THE CITY CO,-UNCIL SHALL CONSIDER FOR APPROVAL THE CLAIM OF~ THE APPLICAI~;:~UJITHIN THE TIME LTMITATI~NS ANA WITH THE.RIGHT OF APPEAL GIVEN PURSUANT TO~K]~IC I;,1.I5.240.~ I I..1S.210 PROCESSING OF APPROED APPLxCATIOP~S BI' CLERK AND NOTICE TO PUBLIC. ~~ [ALL APPLICATIONS RETURNED TO TAE CLERK APPROVED BY THE CITY ENGINEER, AND APPRAISED BY THE ASSESS~R IF REQU,~`RED, SIIALL BE PROCESSED BY THE CItERK IN THE FOLLOVC~fiNG MANI FI;R: ,~~~~~ i (A) THE CLERK SH<ALL ASCERTAIN IF THE DEPOSIT MADE BY THE APPLICANT IS SUFFICIENT 1'Q~~'AY ALL KNOWN AND ESTIMATED COSTS OF SURVEY, APPRAISAL, TRANSFER., AND:PURCHASE, IF O.~'CLASS III AND IF NOT, TO ADVISE THE APPLICANT THAT TIDE REI~~IDER DUfi SMALL BE DEPOSITED WITH THE CLERK BEF. FUR`T'HER PROCESSING. (B) IF OR WHEN T'I~~ DEPOSIT IS SUFFICIENT TO PAY ALL SUCH COSTS, THE CLE S~-TALL CAUSE'~O Br P~[.I$L~~~-IED ONCE A WEEK FOR FOUR WEEKS, IN A NEWSPAPER OF GENERAL CIRCULATION IN TIIE CITE', THE I~OLLOWING: {I) NOTICE OF TIIE NAMES OF THE APPLICANT(S), "I'HE BLOCK AND LOT NUMBERS OF THE PROPERTY CLAIMED ACCORDING TO PLAT DESIGNATIONS.; {2) THE P1tEFEI~ENCE RIGHT CLAIMED; {3.} THE IMPROVEMhNTS MADE; {4) 'T'HE LENGTH OF TIME (INCLUDING THE DATES) THE APPLICANT OCCUPIED THE LAND; AND {C) IF CLASS III ITS APPRAISED VALUE, AND THAT TI--IE CITY WILL ISSUE TO THE APPLICANTS} ITS DEED THEREFOR WITHIN THIRTY (30) DAYS AFTER'I'HE LAST DATE OF PUBLICATION, PROVIDED THAT BEFORE DATE OF LAST PUBLICATION NO ADVERSE APPLICATION UR CLAIM HAS BEEN PILED WITH THE CITY. Chapter 11 !-farbur AttAChment "A" 4/27/2007 10:07 AM 1f:llvky DocumenlslClarklChu~tar [l.doc ZOO Page ]9 of 4{i (D) DURING SAID PERIOD OF PUBLICATION, THE' APPLICATIONS THEREOF SHALL BE RETURNED TO THE CITY ENGINEER WHO, AT THE END OF SAID PERIOD OF PUBLICATION, SHALL NOTE ON THE APPLICATION WHETHER. OR NOT ANY ADVERSE CLAIMS HAVE BEEN FILED FOR THE LAND IN QUESTION. (E) IF ADVERSE CLAIMS HAVE BEEN FILED, THE APPLICATIONS SHALL BE FURTHER PROCESSED FOR HEARING. IF NO ADVERSE CLAIMS HAVE BEEN FILED, THE RESPECTIVE APPLICATIONS SHALL BE RETURNED TO THE CLERK.] 1;1.15.220 DEEnS-----PERMANENT REGISTER. ~y,. [TF-IE CLERK SHALL THEN CAUSE TO BE C'REPAREI3 AQUIT-CLAIM DEED . CONVEYINCr SUCH LAND TO THE APPLICANT(S) THAT THE CITY HAS AND TRANSMIT THE QIJIT-CLAIM DEED TO TIIE MANAGE~~2 FOR EXECUTION. NOTICE SHALL THEN BE SENT TO THE APPLICANT TO Tr ~ ;,DELIVERY Off' SAID DEED AT THE OFFICE OF THE CLERK, WHO SHAI.,L I)ELI~~R TIIE SAME TO THE APPLICANT IF ALL REQUIREMENTS HAVE BEEN MET A~II7 AEI; COSTS INCLUDING PiJRCIiASE PRICE, IF REQUIRED, I-IAVE BEEN PAID. DI~~T,ICATE ORICriNALS OF ALL EXECUTED DEEDS SHALL BE KEPT IN THE OFFICE OF THIF.CLERK IN PERMANENT REGISTER ENTITLED "KENAT TIDELANDS DEEDS" WITH PERMANENT ALPHABETICAL INDI~~X OF GRANTEES,] ,~: 11.15.230 SPECIAL PROCEEDINGS FOR DISPUTED ~LA~MS. [THE COMMISSIO;~ SMALL SIT AS A QUASI AL:IUDICATOR.Y BODY TO SET DISPUTES FOR HEAI~INCI AND HEAR THE EVIDENCE UNDER OATH OF THE PARTIES TO THE~~]Si~UTES. PROCEEDINGS SHALL BE INFORMALLY CONDUCTED BUT TESTIMONY TAKEN UNDER OATH, AND NOTICE OF THE PROCEEDINGS SHALL BE GIVEN TO THE DISPUTII~'c~r i?ART~ES. THEIR OBJECT SHALL BE TO DETERMINE WITH'O'UT DELAY THE RESPECTIVE BASIS OF TFIE CONFLICTING CLAIMS: UPON TIIE SUT3MISSI~7N OF EACH DISPUTE, THE COMMISSION SHALL PRE„I~sI~..RE A SHORT SUIYI~IvIARY OiN TIIE CONFLICTING CLAIMS AND THE EVIDENCE SUBMITTED IN SUPP`QRT TI-IEREOF, TOGETHER WITH TIIEIR WRITTEN FITIDINGS O__.F FACT, AND CONCLUSIONS OF LAW.] 11.75.240 PROCEEDING FOR DETERMXNATION SY COUNCIL OF ALL DISPU'T'ES. [UPON.RECEIPT OF TIIE WORKING FILES IN ALL CASES OF DISPUTES, AND THE SUMMARY OF=~I'HE HEARINGS OFFICER, TOGETHER WITI~ CO.I'I~S OF NOTICES OF HEARINGS SERVED UPON OR MAILED TO ALL PARTIES TO TIIE DISPUTE, THE COUNCIL SHALL SET THE DISPUTE OF HEARING AND DETERMINATION, AND CAUSE NOTICE TO BE SERVED ON ALL PARTIES. UPO)\T THE COUNCIL HAVING HEARD THE DISPUTE IT SHALL. ENTER ITS RULING TI~EREON AS QUICKLY AS POSSIBLE, BUT NOT LATER THAN TEN (1 Oj DAYS AFTER THE MATTER IS SUBMITTED. AGGRIEVED PERSONS SHALL HAVE THE RIGHT OF APPEAL TO THE SUPERIOR COURT, WITHIN THIRT'I' (30} DAYS AFTER THE RULING OF THE COUriTCIL IS RENDERED.] Cl~aptcr 11 I farhgr Attachrnent "A" k12712D07 10;07 AM U:IMy DocUrrtentslClerklChap[er 1 t.doc 209 Page 20 of 46 1 L.15.250 DETERMINATY4N UPON STIPULATION 4F FACTS. [WHEREVER POSSIBLE, TO REACH AGREEMENT OF THE PARTIES AT HEARINGS BEFORE THE COMMISSION, A STIPULATION OF FACTS SHALL BE PREPARED AND AGREED UPON BY THE~PARTIES. WHERE THIS IS DONE, THE COM1v1ISSI0N SHALL PREPARE AND ATTACH ITS CONCLUSIONS OIi LAW AND SUBMIT THE FILE-TO THE CITY ENGINEER TO DETERMINE IF TIDE CTTY'S INTERESTS ARE AFFECTED BY THE STIPULATION, OR IF A BOUNDARY CHANGE IS REQUIRED AND NO THIRD PARTY OR CITY INTERESTS ARE A~~ECTED .. «~ ADVERSELY BY THE PROPOSED CHANGE~IN BOUNDARIES OF LOTS SHOWN ON THE PLAT, UPON APPROVAL OF THE COUNCIL TIDE PLAfi SI-iALL BE DIRECTED TO BE CHANGED. SHOULD IT BE DETERMINED BY THE,~CITY ENGINEER THAT THE STIPULATION ADVERSELY AFFECTS THE I.NTEREST~()F THE CITY OR THOSE OF THIRD PARTIES, THE DISPUTE SHALL BE RETU.,MrED~~Tb THE COMMISSION FOR .k FURTHER PROCEEDINGS tJPON NOTICE GIVEN~~ 1.1'.xS.2G0 RE.TECTION OF PI2.pTI;STS OTHER THAN B~ A~'~'LICANT. ~? [NO OB.IECTIONS WILL BE RECEIVED TO PROPOSED ISS[JANCE BY DEED BY THE CITY QN PUBLICATION OF NC7fiICE THEREOF, NOR WILL ANY PERSON BE PERMITTED TO APPEAR AND BE HEARD AT ANY HEARING 0~ A DISPUTE BEFORE =; THE COMMISSION OR TiIE COUNCIL, UNLESS SUCH OBJECTOR OR PERSON IS AN APPLICANT FOR PREFERENCE RIGHTS OF CLASS I OR II f1<`ND HAS FILED AN APPLICATION WITH THE CLERK. THE FOREGOING SI~A{~L I~TOT PREVENT THE APPEARANCES BEFORE TIDE CUMMISSICtN OR COUNCIL OF WITNESSES APPEARING ON BF.~HALF OF THE PARTIES IN DISPUTE OR PERSONS CALLED BY TI-IE COMMISSIOI~~R COUNCIL WHO MAY HAVE PERSONAL KNOWLEDGE CONCERNING THE VERIFICATION OF CLAIMS.] s ~~~' 13.1.5.274 I~A,NDLIN~ bF DEPQSTT AND P'URCFIASE FUNDS. [(A) -.ALL FUNDS RECEIVED AS DE~'OSITS Vi~ITH APPLICATIONS FOR COSTS OR PUR`~CI•if~SE PRICE FOR TIDELANI.?S SHALL BE DEI?OSITED BY THE FINANCE DIRECTOR IIV TFIE GENERAL IitjND. SUCH DEP05ITS WILL BE CREDITED BY THE FINANCE DIRECTOR AS FOLLOWS; (1} SURVEY C4~`,~TS _ AS A CREDIT TO DISBURSEMENTS MADE BY THE CITY FOR COSTS Off' PPARING THE TIDELANDS SUBDIVISION PLAT. (2) TRANSFER COSTS - TO ADMINISTRATIVE COSTS AS DEEDS ARE ISSUED, {3} APPRAISAL COSTS - TO ADMINISTRATIVE COSTS AS EARNED, OR AS CREDIT TO APPRAISAL COSTS INCURRED. (B) PURCI-IASE COSTS OF CLASS II LANDS--SI-TALL BE CREDITED TO A SEPARATE ACCOUNT IN~ THE GENERAL FUND TO PAY FOR IMPROVEMENTS IN TIDELANDS AREAS CONSISTING OF FILL, STREET, SIDEWALK, AND SEWER IMPROVEMENTS. Chapter 1 ! F-iarbor Attachment "A" 4127!2007 ] 0:07 AM U:1V1yDocumentslGlerklChapter i i.dac 210 Pa~c 21 ot'4C I1.15.284 FORFEITURE 4F PREFERENCE RIGHTS. [ANY OCCUPANT, OWNER, OR HOLDER OF PREFERENCE RIGHTS AS HEREIN DEFINED, WHO HAS NOT APPLIED TO THE CITY FOR TITLE THERETO AS HEREIN PROVIDED, ON OR BEFORE TWO {2} YEARS AFTER THE DATE APPLICATIONS TO EXERCISE PREFERENCE RIGI-ITS WILL BE ACCEPTED FOR FILING BY THE CITY UNDER THIS ORDINANCE, BY A PROPERLY COMPLETED APPLICATION DULY FILED WITH THE CLERK AND ACCOMPANIED BY THE REQUIRED DEPOSIT, SIiALL DAVE FORFEITED HIS RIGHT TO ASSERT THIS PREFERENCE RIGHTS AND ACQUIRE TITLE TO TIDELANDS SUBJECT THERETO FROM T~-IE CITY; AND SUCH TIDELANDS AND CONTIGUOUS SUBMERGED LANDS SUBJECT TEJ SUCI-I UNUSED PREFERENCE RIGI-ITS.SHALL THEREAFTER BE FREE AND CLEAR OF ALL CLAIMS TO PREFERENCE RIGHTS AND THE.CITY SHALL HAVE ~f0 0~3LIGATION TO CONVEY THE SAME TO ANY PERSON OR FERSONS VL~~-IOSOEVER, AND SAID LAND SHALL THEN BE AND REMAIN THE PROPERTY C~:~'~SI~E CITY AND BE SUBJECT TO SUCH DISPOSITION AS PROVIDI~,D FOR BY LA1~R ORDINANCE.] ~W, ~, 1I.1S.290 FORMS. [THE CLERK SHALL CAUSE TO BE PRINTED. APPLICATION I'ORMS AND OTI;IER DORMS, FOR USE IN PROCES~,SINCr THE SAME IN SUBSTANTIALLY THE FOLLOWING FORM: ~. (A} } APPLICATION FOR '1'IDELAAiD PREFERENCL~'~tIGi~TS #~ NAME _ .~ APPLICATION NO, HOME ADDRESS ~~ POST OFFICE ADDPLESS ~;~w MARK X T~0 DESiG,NATE NATURE OF PREFERENCE itIGHT CLAIMED: ~~CLASS I CLASS II CLASS III DOES THE TIDELAND PLAT 272 CORRECTLY SHOW THE LAND APPLIED FOP..; YES NO IF TIDELAND PLAT DOS NOT CORRECTLY SHOUT LAND APPLIED FOR, DESCRIBE IT BY METES AND BOUNDS AND ATTACHED PLAT OF LAND APPLIED FOR 8USE ATTACHMENT IF MORE SPACE IS REQUIltED}. ALL CLAIMED IMPROVEMENTS WERE FIRST CONSTRUCTED AND USED (i) BEFORE SEPTEMBER 7, 19577 (2) BEFORE SEPTEMBER 7, I957 AND JANUAR'4' 3, 1969 ? {3) AFTER JANLJARY 3, 1959? Chapter 11 I-larhor Attachment "A" x}/27/2047 10;07 AM. U:1My L~ocuE.nc:ntslCEerklChapter 1 l,cioc 21 ~ T'age 22 of 46 ~~ IS ANY PART OF YOUR CLAIM BASED ON IMPROVEMENTS ANDIOR FILL CONSTRUCTED OR PLACED AFTER JANUARY 3, 1959? YES , NO IF ANSWER IS "YES," DESCRIBE AREA IMPROVED AFTER ,IANUARY 3,' 1159 {USE ATTACHMENT IF MORE.SPACE IS NEEDED), AND STATE NATURE OF IMPROVEMENTS. DAVE ANY OF TI-IESE IMPROVEMENTS BEEN EXTENDED OR I1vIPROVED AFTER (1} SEPTEMBER 7, I957 {2) 3ANUARY 3, I959? DESCRIBE. ~;.. WAS TINS BENEFICIAL USE CONTINUED THROUGH .IANUARY 3, 1959? DESCRIBE. TI-IE PLAT IS; BASED ON APPARENT USE AND IMPROVEMENTS EXISTING ON 3ANUARY 3, 1959; RECOGNIZED BY THE ALASKA LANDrACT; STATE ANY REASON KNOWN TO 'I'OU WHY YOUR CLAIM DOES NOT CORRESPOND WITH THE PLAT. {USE ATTACHMENT IF MORE SPACE IS RE~IIRED.) ~~ t 1 OFFER CASH ,MONEY ORDER ~ , CAS,I~IER'S CHECK IN THE AMOUNT OF $ AS DEl?OSIT FOR THE I~OLLOWINCr C{]STS: ~ USE BY CLERK 1~ILIN~G FEE ~ ~5~ ~` SURVEY COSTS {AT RATE OF _SQ.FT.) $ $ APPRAISAL COSTS (CL~S II APPLICATION S)$ $ TRANSFER COSTS~$ $ $ HEARING COSTS~~~ CLAIM ADVERSE TO PRIOR APPLICA'1-'ION A~ DEPOSIT OI? $ FOR HEARING ~~ID SER~CE NOTICE IS REQUIRED). $ $ TOTAL DEPOSIT (DO,ES NOT INCLUDE ~~ PURCHASE PRICE OF LAND IN`~ ~ ~ _ CLASS II APPLICATIONS) ,; $ DEPOSITION RECEIVED~I3Y CIT'4~ BI': DATE OF API3LICA.TION: DATE APPLICATION RECE_ IVED BY CITY: TIME FILED: ~` CERTIFICATION I, ,THE ABOVE-NAMED APPLICATION, OR ITS AGENT, HEREBY' CERTIFIES TI~AT ALL OF THE STATEMENTS MADE IN THE APPLICATION AND INCORPORATED ATTACHMENTS, IE ANY, ARE TRUE AND CORRECT PRINT NAME(S) Chagtcr ll ~Iarhor Attachment "A" 4127/2(1(?7 ER:U7 Alvl U:IMy DocumentslClerklChapeer I l,doc Pa~c 23 of. 4( a~z SIGNAT[JRE(S) (B) ASSESSOR'S APPRAISAL THE UNDERSIGNED A•PPRAISER(S} DO HEREBY CERTIFY TI-IAT~HE I-IAS DULY API'P.AISED THE TIED AND/OR SUBMERGED LAND DESCRII~ED IN THE ATTACZIED APPLICATION NO. OF , WITHOUT INCLUi]3G IN THE HEREINAFTER STATED VALUE ANY VALUE FOR VALUABLE.IMPROVEMENTS CONSTRUCTED OR PLACED HEREON PRIOR TO 3ANUAP~~' 3, I959, AT THE FAIR MARKET VALUE. }.~ '•- TIDELAND SQ.FT. AT $ P~~~SQ~FT., $ DATED, AT KENAI, ALASKA THIS ~ DAY OF , 19 SIGNED: .~ F., .`~~3 eh~~ Chapter 11 1-1arUor Attachment "A" U:1M~~ DocumentslClerklChapter 1 I.doc 213 X1/27/2007 1 Q:(i7 ANi Pal;~e 24 nfA6 {C) WAIVER OF CLASS II PREFERENCE RIGHTS (ATTACH TO EACH CLASS I APPLICATION) I, , TI-3E APPLICANT, OR HIS AUTHOLZIZED AGENT, I THE APPLICATION FOR TIDELAND PREFERENCE RIGHTS, APPLICATION NO. , TO WHICH THiS WAIVER IS ATTACHED, DO HEREBY WAIVE ANY AND ALL PREFERENCE RIGHTS, TO ACQUIRE TIDE OR SUBMERGED AND LYING SEAWARD OF TIE CITY OF KENAI, TO WHIC~I I AM NOW OR MAY I~EREAFTER BECOME ENTITLED ~BY REASON 4Ii THE PRO~rISIONS OF PUBLIC LAW S5-343. ~»~, DATED, AT KENAI, ALASKA THIS . DAY OF , 19 _, BY AND BETWEEN THE CITY.OF KENAI, ALASKA; GRANTOR;~'~aND ,GRANTEE{S). s WITNESSETI-I: '~' Li un, i '~iti" THAT THE SAID GRANTOR, FOR ANI~7'II~~ CONSID,1~RATION OF TIDE SCUM OF ONE AND NO i 00/THIS ($1.40) DOLLARS AND OTHER G40DrAND VAL~C;TAI3LE CONSIDERATION, TO IT IN HAND PAID BY Ti-IE SAID GRANTEE(S), PURSUANT TO THE PROVISIONS OF THE ALASKA~IIAND ACT {CHAPTER 169, SLA. I9S9) AND ORDINANCE N0.455-7E, ENACTED ~N ~ANUAR~' 3, I979~, PURSUANT THERETO, DOES HEREBY CON'~~EI'S, QUIT CLAI~vfS, AND CONFIRMS ~ °°~LnO SAID GRANTEE(S) AS TENANTS BY THE ENTIRETY, WITH THE RIGHT` OF SU~tVIVORSHIP (STRIKE IF GRANTEES ARE NOT HUSBAND AND WZI~~E)~,ND TO TI;~X~S (TI-IEIR HEIRS AND AS5IGNEES (STRIKE IF I~ANTEE A CORI'O TION){,AND TO ITS SUCCESSORS AND ASSIGNS (STRIKE IF GRANTEE NOT A CORPORATION), ALL SUCH INTEREST AS TIDE GRANTOR I-i:A~B,1F ANY, IN THE FOLLOWING DESCRIBED LOT, PIECE, PARCEL ANA TRACT OF TIDELAND AND CONTIGUOUS`~SUBMERGED LAND SITUATION WITHIN THE CORPORATE LIMITS ~T THE C~~`I'Y OF KENAI, ALASKA, AND MORE PARTICULARLY DESCRIBED' AS FOLLOWS, TO~WIT: ALL OF LOT ~ ,BLOCK ~`'~ ,ACCORDING TO OFFICIAL TIDELANDS ~'~ SUBDIVISION PLAT OF THE CITY OF KENAI, ALASKA. g. TOGETHER WITH ALL AND SINGULAR THE TENEMENTS, HEREDITAMENTS AND APPURTENANCES THEREUNTO BELONGING OR IN ANYWISE APPERTAINING. TO HAVE AND TO HOLD THE SAME UNTO THE SAID GRANTEE {S), HIS OR THEIR HEIRS AND ASSIGNS, {OR} TO ITS SUCCESSORS AND ASSIGNS, FOREVER.. IN WITNESS WHEREOF, THE GRANTOR HAS CAUSED TT-iIS DEED TO BE E7~ECUTED THE DAY AND YEAR HEREINABOVE FIRST WRITTEN. CORPORATE ~SEA.L CITY OF KENAAI., ALASKA B~': (ITS MANAGER} Chapter 11 Hari-iar Attachment "A" U:1My bocurrECnislClcrklChlpter ! l.doc 4/27/2007 10:07 AM Pnga 25 cif 4C 214 CLARK Chapter 17,.20 LEASING 1JF T.1D1:!.LANDS 11.20.010 ralicy. 1.1.20.020 hands available 1'or.leasing. 11..20.030 Qu~~lifications of applicants. ].1..20.040 Classification prior to lease req>l+ired. ~~- 11.20.050 Applications. 11.20.OG0 Rights prior to leasing. 1.1.2(1.070 Procedure. .1.1.20.084 rublic notice--1'uulic hearing. ',,~, 11.20.090 5elcctian of applicant. 11.20.1.00 Appeal. ~ ~} 11..20.11.0 Appraisal and survey of leased l,>Ends. :r 11..20.].20 The lease document---Terlaas. m.~ ~ 1.1.20.130 Appraisal. 11.20.140 Review. 11.20.150 Annual rninirnum rental. 1L20.7.G0 rrincipies and policy of lease rates. 11.20.170 Respo>asibiliiy to properly locate. F 11.20.1.80 Luse utilization. 1.1.20.190 Subleaug. - 11.20.200 As.'~ntnents. 11.20.210 M`o~ificati.on. 1.1.20.220 Car~cclla~ian--Folrfeiture. Y~: 11.20.230 befault--Ri:~ht~of. entry. 11.2[240 1~1~>Eice or d.emahd. 5 11.20.250 Financing---Rights~of xxiartgages ar lienlaolder. o~ ;. ;~~~ 11:.20.260 Fnfry anal re-entry'. 11.2~'.27U 12.3r-lease.. ~~ ].1.20.2130 Forfeiture of rental, 11.20.29U~ Right of inspection. 11.20.300 Ease~nenf~grants reserved. -; 11.20.310 Lease ai~t~ordi~>;ate to financing rey>airemonts. 11.20.320-W>iitten waiver.. 11..20.330 Sur•irenrler on-t:ermir~ation. 1.1.20.340 Sanitation. 11.20.35013uildin~; and zoning caries. 11.20.364 Rules. 1]..20.370 Aircraft. aperations protected. 1.]..20.380 ltigl~t to enjoyment and. peaceable possession: 11.20.390 Lessee to pair taxes. 1]..20.4110 N~o partnership or joint v:rnture c:reafecl. . Chapter 11 Harbor Attachment "A" U:1My DocumentslClcrtclCliapter 1 ].dac 4/27/2007 10:07 AM. Pale 2G of 4G 2Z5 1.1.20,410 Default l~a~nlcrr~ptcy. 1]..20,420 Nondiscrimination. 11.20.430 Partial invaliditJ~. 11.20.444 Parole modifications. 1.1.,20.450 Amendment of lease. 11.20.4fi0 C`a>tnpliance with laws. 11.24.474 Care o1 premises. 11.24.480 Lessee's obligation to remove lie>r~s. 11.20.490 Condemnation. I.1.20.5001'ratectran of. subtenants. I1.2U.510 Successors in interest. 11.24.520 Governinh lava. 11.20.530 Nafices. .' ].1..20.540 Fire protection. 1.1.20.550 Inspection. .,_ 11.20.560 I'orsorial us.e of materials. ~6 1.1.20.574 Restrictiaris and rese><•vatians" 11.20.580 Waste and in,juty to land. 11..20.;90 Warranty. 11.20.604 Approval of athc>r• au~orities. 11.20.61.0 Title restrictioy~s. ~~ 11.20.620 Insurance-Il;old harmless. ' 11.20.030 Insurance of users--Subtenants. _. 1.1.24.640 Annual reporF. 1.1..20.650 Tidelan cls~itns. ri 11.24.664 Subjection to harbor ordinance. 11..20.670 ~t~~i~ratian. 11.20.68{) Provisions regulating public use purpose. 1.1.20.60 Provision to b°e incluc~etf in public use (case. 11.2U~'~~0 Pu'~lic.use: d~iined. 1~1:.2U.710 Cant faked access. x,1.1°..24.720 Use charges. ' 1.1.20.730 ]YIaintenance at' da~clt, 11.2~.74U .Modifications of Existi~ag lasses. 1.1.20.7~{F.Unaath.arized removal of material prohibited. 1.1..20.760 Removal riot autharizecl by lease. 1.].:20.770 Ilis~iosit~i`on. of. rights by Council. II.20.780 Penalties. 11.20.794 Tid~laiand leases for shore fisheries. -~,k. ,a 11.24.01.4 I'alicy. The City, in order to make sites availabie for beneficial industries, inay lease City-owned tidelands to persons who agree to operate a beneficial i~~dustry upon the terms and conditions the Council coiZSiders advantageous to the City. Chapter l l 1-TArhor Attxchmcnt "A" 4/27/2007 10:07 AM i1:1My l)oeumcnislCferklChapter ] 1.doe ~ Page 27 of A6 2i6 11..x(1.020 Lands available for leasing. All classified tide and contiguous submerged Iand within the limits of the City to which the Cite bolds title zxiay be leased~as hereinafter provided, far surface use only j, AND UNDER THE CONDITION TI-IAT SAID LEASE IS SUBJECT AND INFERIOR TO PREFERENCE RIGHT CLAIMS THAT MAC BE MADE WITHIN .A. TWO (2) YEAR FILING PERIOD FOR FREFCRENCE RIGHTS] and subject to the rights of existing set net sits holders within the City limits, .1.1..24.434 Qualifications of alifllicants. ;r.: ~~,; An. applicant for a lease is qualified if the applicant; ~; (a) Is an individual at least nineteen (19) years of age or aver; or, (b} Is a group, association, ox corporation which is authorized to conduct business under the laws of Alaska. t~ °~ << ~ , E 11.24.440 Classification prior #n lease requixeel~`` ~ ~~ Before accepting applications to lease tidelands, Elie area ir~~~o:lved shall have first been classified for leasing by the City Council with the approval of the Planning and Zoning Commission jHARBOR COMMISSION], and their availab~~ity advertised in a newspaper of general circulation in the area once each week far two (2} successive weeks not less than. thirty ~: {30) days prior to the time set for the clasin~ of the acceptance of appE~cations, and that all applications are available far publ.i.c inspection at the Cits+ Hall offices. 1.1..24.454 Applications. (a) All applications for lease of tidelands steal! be filed with the jCLERK] City Manager on forms provided lay bier and available at City Hall whicY~ shall upon execution of the lease become pari of the lease document. Qizly norms completed ih full and accompanied by a [ONE] five hundred do11a~~~~100}]($S00) filing feE will: be accepted for fling. Filing fees are not refurxdabie. (b} With every application, the applicant shall submit a development plan showing and ~. stating: (1) The purpose of th.e proposed lease; (2) The use, value, and nature of improvements to be. constructed; (3) The type of'~~nstruction; (4) Dates construction is estimated~to commence and ]ae completed; ~_= {S) Whether intended use complies with tl~e zoning ordinance and comprehensive plan of the City; (6) Describe by reference to the plat the area to be leased; (7} A detailed financial playa showinb ability to carry through with. the development ply; (8) A perfoxxnaaice bond of five percent {5%) of the project's estimated cost (which bond shall not exceed fifty thousand dollars ($50,000), payable to the City, Chapker 11 ~lar6or Attachment "A" U:IMy 17ncume~nslClerklChapter. I l.dnc 4I2712p07 t 0:l}7 AM !'age 28 of 4h ~- 217 1 I.2U.Q6(} Rights prior to leasing.. Neither the filing of an application for a lease nor the holding of a public hearing thereon as provided below, shall give the applicant a right to a lease or to the use of the land applzed for. Any use not authorized by a lease shall constitute a trespass against the City, 11.20.070 Procei~ure. (a) Planning and Zoning Commission: All lease applications shall lie reviewed first by the City of Kenai Planning and Zoning Commission to deterrriine whethex~fhe onntemplated use falls within that permitted under the zoning ordinance. . ~: [(B) HARBOR COMMISSION: ALL LEASE APPLICAT~IO:~S SI-jALL BE REVIE.'SNED BY THE HARBOR COMMISSION. IF THE COMMISSIOI~7AFTEIt CONSIDERING TI~1J LEASE APPLICATIONS DETERMINES AT A PUBI..)u:>~~ARING AS' SET FORTH IN~ T~-IE SECTION BELOW Tl-IAT ANY ONE LEASE WILL BCE IN TI-IE BEST' INT~RrS'I'S OIi.T1~E CIT~r OF KENAI, THE COMMISSION MAY MI~.E A RECOM1vIENDEI'I'ION To>TI~E ~,.. CITE' COUNCIL OF APPLICANT ALONG WITH ANY MOD~F~CAT`IONS OR CONDITIONS.RECOMMENDED BY THE COMMISSION'.] ~ ~~ ~(C)],(b~ City Council: The City Council~~shall rnalce the final determination of the selection of the applicant based upon the Commission's >"ecommendation and approve or reject the choice of application made. ,i~`~ .~ 11.20.080 Public notice--~Pul~lic hearing. Notice of .the lease application shall be published in a newspaper of general circulation witl~.in the City not legs than ten (IO} ar more than thirty (30} days prior to the date of public hearing, The notice~~.ii~st contain the name of the applyant, a brief description of the land, proposed use, term, and a declaration that the Plani~in~ and Zoning. Commission will consider the ~- lease to the a.~plicant an the basis of the app,~~icai~;~~`s agreement to operate a beneficial industry upon the te%i~~ and con.ditians as set forth in its application which is available for public iuspectaon at the City Hai] offices, The notice shall state the date upon which public hearing will be h~~l. before the Corrunissit3n for consitlcration of the application. .~ 1.1.20.090 Selec~ihn of appfi;cant. After the hearing provided in K1V1C 11.20.080 above, the Piannina and Zoning Cornznissian may make its recommendation of the applicant to the City Council if in the Planning and Zonine commission's opinion., on the basis of all the testimony presented, the award of the prospective lease will be advantageous to the City and. in the best interests of the public welfare, health, and safety, In the alternative, the Plaru~ing_and Zartnt; Commission may elect to make no recommendation for any applicant giving its reasons therefor. The Planning and Zordn Commission may [IM. POSE] recommend additional conditions upon the applicant before malting its award. The decision of the Council shall be posted oar the City Bulletin Board the da3r oiler the hearing and remain posted for fen (i 0) days. Chapter I 1 }iarhor Attachment "A" A/2712067 10;07 AM E1:IMy DocumentslClerlclChapler I l.doa ~ ~ $ hstge 29 of 4C 11.20.1.OO.A,hpcal. Any person. disagreeizig with the decision of the Council may appeal the decision by filing Suit iii the Superior CQUrt, Third Judicial District at Keilai, within ten (10) days from the date of the posting of Council's decision. I1.2{3.1..10 Appraisal and survey of leased lands. ~Tl-lE] Eacla applicant will furnish a survey and appraisal~of the ].arid in gizestian prior to leasing, Any resurveying or re-platting required will be the applicant's respgnsibility and expense. ,y, ~1 X1.2().120 The lease document-Terms, lreases may be issued for a term of net less thaiz,~o ~~) years nor mare than. ninety-nixie (99) .years. The applicant shall state in leis application file term desired. in deteiprixiing whether to grant a lease far the requested term, the Council ~,h~l,l consider ~thc nature, Extent, and ~~st of the improvements which the applicant agrees to construct tlaerean as a caridition of the lease the time required to amortize the proposed investment, the value of the applicant's proposed use to the economy of the City and other relevant Factors: The term. of the Eerie may be extez~.ded for a §_ number of successive periods for a set ni>'nzl7er of years each as lai~g as the appropriate extensions and original tez-rn. do not exceed 99 years. .f 1X.20,1.30 Appraisal. ~~'y N~o Iand. shall be leased, or a renewal lease issued, unless the sazrie .has been appraised within a six month pe,~iad prior to the date i`zxed far beginning of the terra of the lease or renewal lease. No land, shall~b~e leased for less than the apprpved, appraised annual rental, according to the method as described in Sectiara 11.20.150 below, except to State ar 1~ederal agencies ar their suhdivisions.i~.F it is in the public interest to dp so. Appraisals shall reflec# the nuirxber and value of City ser~~~t~s rendered the land in question, *W Yy. ti~~ 11~.~~1.1.~0. ltevie'vv. No leased land maybe changed in use, nor ]may any renewal tease be issued until the proposed use ar renewal has been reviewed by the Planning and Zoning Commission and "~ approved by the Council. 1 Y.20.1.50 Annual minimum rental. (a} Annual minitrizirn rentals shall be computed from the approved appraised market value utilizing the method as described in ICMC 11.20.160{a). AniauaL rriirzimuixi rental shall include: (1 } Taxes pertaining to the leasehold interest of the Lessee. (2) Sales tae; n.ow enforced or levied in the future computed upon runt payable in monthly installments whether rent is paid an a monthly or yearly basis. (3) All taxes and asscssrnents levied in the future by the City afKenai, as if I.essee~ was considered the legal owner of recoxd of the leased property. Chapter [ i Harbor Attachment "A" 4/27!2007.10:07 AM Lt:IMy Dncu~nentslClarklChapeer 1 l.dnc Pale 30 nf4G X1.9 {4} Interest at the rate of eight percent (8%) per annum anal ten percent (10%) penalties of any amount of maney owed under this lease which is hat paid on or before the date it becomes due. (S} All sales taxes due on payments under this lease and to all sales taxes applicable to its aperatians. (5) All special assessments for public improvements levied. by the City of Kenai, as if lessee were considered legal owner of leased property. ~(b) Upon execution of the lease the lands demised become Taxable to the extent of its leasehold interest acrd lessee shall pay all real property taxes levied upon such leasehold interest iri these lands, that.. the City as part of the consideratiata of. rental p'xr~en4s depends and. relies upon the payment by the lessee of said assessments and taxes as~'~~ie were the owner of said demised land. }~. _,. (c) Rent shall be.pai:d annually in advance. Said pay~r~iay.;sh'a11 be prorated to conform. wins the City of Kenai's fiscal year beginning July 1 and en'~ing June 30. If the equivalent monthly payment exceeds $200, then the lessee shall have tie option of~ialcing payments on a monthly or quarterly basis. k,,,.~ `r- _4 11.20.16{) Principles and policy of lea~`e rates. (a) To insure a fair return, all leases far a period in excess of five {S~ years shall include a redeterta~inatian clause as of the fifth anniversary of each lease, norma~l~~y set far the frst of .Iuly of that fifth year. In pursuing a fair return, all lands for lease shall be appraisedprior to loose and again prior to redefienxzination. T7rerefore, lease rates shall be ~~as~d on: (1) Fair marlcet~v"alue of the land, inch-ding an appropriate consideration of facilities and services availabl~Yj{public water, public sewer, storm sewers, and other public utilities] as detei-tnined by a qu~Iied independent appraiser, cor-si~lering the best use of the specific land, (2) The actual rate of r;~tu~i determinecl,~to be a fair return to the City shall be set at [SIX PERC,I~~;fi~' ~6%}]: ~iaht percent (8%) of fair market value, The appraisal shall net include r~:s: structural f-•rpravemenis 'made to tl~e land or improvements made by way of gravel ax other app ~~~~d fill placed on the land. (b} Realizing that investors, develppers, and other potential lessees deed a reasonable assurance of stability in future lease rates, the redetermination clause of all future Teases shall include the follavving language: ,~t`~ At each five-year interva{-;°'the.fair market value shall bo dcterrnined by qualified, indeper~.dent appraisers. The redetermined Tease rate {annual rent) under this provision, shall be [LIMITED TO A FIFTY PERCENT (SO%} INCREASE IN THE PRIOR LEASE RATE UNTIL THE THIRTIETH.-YEAR ANNIVERSARY OF THE LEASE AFTER WHICH THE FIFTY PERCENT {SO%) CAI' PROVISION SHALE. NO LONGER APPLY AND TI-IE LEASE RATE SHALL BE REDETERMINED EVERY FIVE YEARS] on tl~e basis of fair market evaluation as determined in KMC 11.20.080. (c) City leases of tidelands existing at the time, of the enactment of this chapter shall have a thirty-year. period determined froth the date from which the lease was originally entered into. Chapter l I Harhor At#acltment "A" 4/27/2007 10:07 AM L!';1My DocumentslCferklChaptet 11.tloc ZZO Pale 31 oi'AG {d} Failure by the City to insist open renegotiatio>« at the end of any given five-year period shall not constitute a waiver of the right of the City to insist upon renegotiation in any subsequent year, provided that neither the City nor the lessee shall have the right to insist upon renegotiation until five years shall have elapsed from the date the rental was Iasi adjusted, 11.20.170 Rcslsansibiiity $0 properly lOCat4. It shall be the responsibility of the kessee to properly locate himself and his isrlprovements on the.leased land. l# shelf be unlawful to encroach on other lands of the City, or on (ands awned or leased by another, 11..20.1.$0 Lease atilizatian. Leased. la2~ds shall be utilized-for purposes within the=cope of the application, the terms of the lease and i3~ canfarrnity with the ordinances of tli~;~~ity,,:anel Borough, and in substantial conformity with the corrlprehensiveplan, Utilization o~ti~evelapment fox other than the allowed uses shall constitute a violation of the lease and sul~ect the lease to cancellation ~t any time. ~; .. Failure to substantially complete the develap3nen't plan. o'f the land~itlun the specified time from t11e date of e:~ecutian of the Lease, consistent with the proposet~~'use and terms of tl~e lease, shall canstitate grounds fox cancellation. The lease shall set Earth in detail with appropriate plans alid specibca#ions the improvements to be nude within the time period described ahave. .~ I.1..20.1.9U Subleasing. ~. 1Jeases xnay provide far subleasing a partia~~af the lease~i~~land without.priar Council approval. Subleas~;s shall b~~~ri wilting a.nd be subject to the terms and condrtions of. the original lease. No approval of tli~e City sha]I be given to the stablease of property until the lessee has suhstantially compli~~ with the developzx~ent plan V gs f S 1.1,.2(1.200 Ass~;nre;ats. Except far assi~,rnix3ents for c~illateral purposes; no lessee may assign the lands leased to him without prior Council approval. The atsign.ee shall be sub}ect to all of the provisions of the lease`~`Any attempted assigzunent made in violation of this section shall be void. Any assignment requiring Council approval will oat b'~ unreasonably denied. 1.X..20.21.0 Madi~c~lfian. Na lease may be ri;~~t~dified orally or in any manner other than. by an agreement in writing, signed by ail parties in:interest ar their successors in interest. Any such modification shall require Council approval. 1.1.20.220 Cxncellation~~'orfc;it>u~re. (a} Leases in goad standing may be canceled in. whole, or in part, at any #izne upon rr~utual written agreement by lessee and the City Council. {b} Any lease used for an unlawful purpose may be canceled. Chaptci~ 13 3~ar13ar tAttachxne~it "A" 4/27/2007 10:07 AM U:IMy Dacu~nenlslClerklChapl~er i l.doc ZZ ~ Pale 32 of 46 (c} If the lessee shall default in the perfarmauce or observance of any of the Lease terms, covenants, ar stipulations thereto, or of the regulations now or hereafter in force, and should said default contitzue for thirty (30) calendar days after service of written} notice by the City without renrzedy by lessee of the conditions warran#ing default, the City shall subject lessee to appropriate legal action, including, but not li.znited ta, forfeiture of the lease. No improvements may be re~mo•ved by lessee or other person during any time the lessee is in default, This pro~~ision shall not be cotzstrued to prohibit the City from taking any appropriate legal action, including, but litnited to, forfeiture of the lease, immediately upon the occurrence of a default, 1.1.20.230 llefaul~~---Right of entry. ~ ~Y Should default be made in the payment of any portion of {fie rent r~r fees whczz due or in any of the covenants or conditions contained in the lease or ir,%any regula`tians now or hereinafter in farce, then in such event the City steal! give lessee thirty days after such vi+ritten notice to cure such default ar defaults, alder which if the default is not p~'reci~°the Cit}r may terminate the lease, re-enter and take possession of the premises, remove all persons therefirozu. .~~ . : ~:..' =;, 11..20.240 Notice or demand. Any notice or demand which under the teens of a lease ar under any statute must be given or made by the parties thereto, slza~ be in writing and be given or made by registered or. certified mail, addressed to the other party at the address of record. Havuever, either party may designate in writing such rne•tu ar other address to w~tich such notice or demand shall thereafter be so gi•verz, made or mailed. A notice given heretznder_~,hall be deerne~l delivered when deposited in a U.S. generak or branch post office, enclosed iii a #gistered or certified mail envelope, addressed as hereinabove provided. •~ a ~~ 1.1..20.250 Financing-l~igki~ts of inortgztges or lieg~oldcr. (a} For the purpose of int~rirri or perinaltcnt fr~r~~ancing or refinancing from time to time of the improvemez~;~i'ta be placed upon the leased premises, and for no other purpose, a lessee, after giving,wi•itten notice thereof to the ~ity, may encurriber by mortgage, deed of trust, assignment, or ot~~~ appropriate instrumel~t, the lesse~s's interest in the leased premises and in and to the lease, provided such encumbrance pertains only to such leasehold interest and does not pertain to or create any interest in th.e 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 (wkiicli terms shall. include arr established insurance company and qualified pension ar profit-sharing trust), and such institution dial! acquire the lessee's interest in such lease as a result of a sale under said encumbrance pursuant to a foreclosure ar other renn.edy of the secured party, or through any transfer iii lieu of foreclosure, or through settlement of or arisiiz.g out of any pending or cozztemplated foreclosure action, such lending institution shall have the privilege of transferring its interest in such lease to a naininee 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 b}r the lessee, whereupon such lending institution shall be relieved of. ai~.y further liability under such lease from axed after such transfer, Such lending institute far the nominee or. wholly-awned subsidiary corporation to which it may have transferred such lease, or any other lending institution. which may at any time acquire such Chapter I1 13tu•Uor Aiiachrnenf "A" 4/27/2007 10:07 AM LI;IMy DacumentslCVerklChapter 1 l.doc 222 €'age 33 of 46 Tease, shall ~be relieved of any fuxther Iiability under such Tease fxom and after a transfer of such lease. (b) A Ieasehald 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 fihe curing of any default hereunder by lessee. (c) if the holder of any such mortgage, beneficiary of any.such deed of trust, or the security assignee shall give the City before any default shall have occurred in the lease, a written notice containing the name and post office address of such holder, the Cite shall thereafter give to suc11 holder a copy of each notice of default by the Iessee at the same time as amity, notice of default shall be given by~ the City to the lessee, and the City ,will not dxereafier accept any surrender ar enter into any madrfication of this lease without the prior written consent of the holder of any first mortgage, beneficial interest under a first deed of trust; o~ security assignee, in this.lease. (d) If, by reason of any default of the lessee, either~tl~.~~'~ l,ase~~or any extension thereof sha11 be ternunated at the election of the City prior, to the staYi;~1 expi~•ation therefor, the City will enter alto a nei7v lease with the leasehold mortgagee for the remainder of the term, effective ~s of the date of such. termination, at the rent aa~d additionalren~, and on the terms herein- contained, subject to the fallowing coraditiaais: i'~ _ (1) Such mortgagee, beneftciary, ar security assignee, shall make written request to ~;: the City for such new lease within twent days after the date of sfrch. tern~.ination and such written request shall be accompanied by ~a payrtient to the City of all su>~s then diee to the City under the lease. J {2) Such txaortgagee, benefciary, or sec>ty assi~rlee,i:'shall pay to the City, at the time of the execution and ~a~ivery of such new lease, any ar>.cf all sums due thereunder in addition to those which would at tie lime of the execution and delivez}! thereof be due under this lease; but For such termina~;~'n. and in addition thereto, any reasonable expenses, including legal and. attorney's fees, to which the City shall have been sul~cted by reason. of such default. {3) r,Such mortgagee, beneficiary, or se~arity assignee shall, on or before the execution and. deiive~,};~6~sucli new lease, pexfaxm all the other conditions required to be performed by the lessee to tie extent that the lessee shall have failed to perform such conditions. (e) ~:~~ If a lending institution or its norirrilac:e or wholly-awned subsidiary corporation shall hold a mortgage, deed of trust, or similar security interest in and to this lease and shalt thereafter acquire a leasehold estate, derived either from such instruments ar from the City, and if such institution, nominee, or cozporatiorr shall desire to assign this lease ar any new lease obtained from the City (ether than t~,~~ nominee or to a wholly-owned subsidiary corporation as permitted by the above provisions) ~~ an assignee who will undertake to perfarra~ and observe the conditions in such leas. required to he performed by the lessee, the City shall net unxeasonahly withhold its consent to such assignment azid assumption, and any such lending institution, nominee, or subsidiary shall be relieved of any furthEr liability under such Tease from and a{ter such assignment if the proposed assigraar shall assert that the City in unreasanahly withholding its consent to any such proposed assignment, such. dispute sha11 be resolved by arbitration. Chapter 1l 1Tarhor Attachment "t1" 4/27/2DD7 1 D:D7 AM U:1Tv3y UoeumentslC~eelclChapter l l .dnc 223 Page 34 of 46 1.1.20.2G0 Entry and re-entry. In the event that the lease should be termutated as hereinbefore provided by suznznary proceedings or otherwise, or in the event that the demised Iands or any part thereof should be abandoned by the lessee during the said tents, the lessor or its agents, servants; or representatives may, immediately or any time thereafter, re-enter and resume possession of said laztds or such part thereof, and remove all parsons and property tlterefrorii, either suzxtitiary proceedings orb}~ a suitable action or proceeding at Iaw without being liable for any damages thercfaz`. No re-entry by the lessor shall be deemed an acceptance of a surrender of the {ease. '~, }! 1,24.274 Re-lease, In the event that a lease should. be terntinated as herein pr~~ided, or by summary proceedings, or otherwise, the City Commission may offer skid Iands fax ]ease ar other appropriate disposal, pursuant to the provisions of this oxdazaance.. t:: ~. 11.20.280 Forfeiture of rental. ~ ~.. Tn the event that the Iease sh.auld be terntitated~ Because of~-ny breach by the lessee as ltcrein provided, the annual rental payz~zent last made by the lessee shall be farfeit~d and retained by the Iessor as partial ar total Iiquidated damages far said breaclt. ~~ 11.20.290 Right' of inspection. City shall have the right at alI reasonable times ~o~ ertter the ~re~nises, or any part thereof, for the purposes of inspection. 11..20.300 Gasemen~rants reserved. City reserve`s the I-i~ltt to giant and cozttrol eas,~inents in, or above the land leased. No such grantor easerrzent will be made 41iat will unreasonably interfere with the lessee's use o#• the land, and Iesse~sh;2~11 have free access and use of any and all parking and loading rights, rights of ingress and~egress now ox hereafter appertaining to the leased premises. a:~ 11.20.31.0 Lt=ase subordinate to find;acing recluirexnen#s. _ Lessee agrees that City znay modify the lease to meet revised recluirenaents for Federal or State grants, or. tQ cazzfarm to't~ie requirements of any revenue-bond covenant. However, the modification shall not act t deduce the rights or privileges granted the lassos by this Iease, nor act to cause the lessee ftt~a~"z~cial loss. ~~ 11.20.320 'Written waiver. The receipt of rent by the lessor with knowledge of any breach of the lease by sloe lessee, or any default on the part ofthe lessee in observance or perforntarzce of any of the conditions or covenants of the lease, shall not be deemed to be a waiver of-any provisions of the Iease. 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 piravisians, ar. affect the right oi'the lessor to eztforce the sarxie lit the event of any Chapter l'1 Harbor Attachment "A" .4/2712007 10:07 Aivl U:IMy 17ncumentslClerklChapter 1 I.doc Z24 Pale 3S of AG subsequent breach or default. The receipt, by the lessor, of any rent or any other surrt of mane}1 after the termination, in any mariner., of the term therein demised, or after the giving by the lessor of any notice thereunder to effect such termination, shall rrot reinstate, contuiue, or. extend. the resultant term therein demised, destroy, ar in any maraner impair the efficacy of any such notice ar termination as may have been given thereunder by the lessor to the lessee prior to the receipt of any such sum of money or otlrer consideration, u>.~less so agreed to in writing and signed. by the lessor. I.1.20.330 Surrender an ternsintation. .~,. (a) Lessee shall, on the last day of the term of this lease ar trpari any eai•~ier termination oi' this lease, surrender and deliver up the premises into the possessipn grid use of City without fraud or delay in good order, condition, and repair, except fox'~~'easonab]e wear and tear. since the last necessary repair, replacement, restoration, or renewa{, free aid clear of all lettings and occupancies unless expressly permitted by City in writir~;, antl4free and clear of all liens and encumbrances other than those created by City for loans to tl.~.e Clty. `~ (b) Upon the end ofthe terra of this lease ox a~.y earlier termination thereof, title to the buildings, i><nprovements, and building equipment shall automatically vest iza the G'~ity without requirement of any deed, conveyance, or bill of sale document in corrfirmation hereof, lessee shall execute, aclcnowled.ge, and deliver.'~[llre same and shall pay any charge, tax, and fee asserted or unposed by any and all governmental units in cotu~rectian therewith. ;. ]i.20.340 Sanitation. ~~ •~~; The lessee shall cagily with all regulatitbrls or ordinances of the City which. are promulgated fax the pror oo ion of sanitation. The premises a~ the lease shall be kept in a neat, clean, and sanitary c~s.?di~tion, and every effort shall be made to prevent the pollution of water. 1 t.2{).350 l3uiildin.g and zani~b codes, Leas~d lar~rds shall be utilized in accordance with the building and zoning ordinances and rulesarrcl regulations of said autho~rily. lW ai}{ure to do so shall constitute a violation of the lease. Y ~- 11.20.300 Ru)Ees. (a) The lessee shall observe; obey, and carxrply with all applicable rules, etc., of the State or Federal goverluxents. h 31,9"'3 (b) City reserves the fight to adopt, amend, and enforce reasonable rules and regulations governing the demisedrpremises and the ptiiblic areas and facilities used in connection therewith. ~- lxcept in cases of emergency, no rule or regulation hereafter adopted or amended by the City shall become applicable unless rt has been given thirty days notice of adoption or arnendax>ent thereof, (c) Lessee; in the conduct of its opea~ations on the demised premises, shall observe, obey, and comply with any and all applicable rules, regulations, laws, ordinances, or orders of any goveriunental autlaarity, federal or. state, lawfully exercising authority over lessee or lessee's conduct of its business. Cahupter I 1 HarUo3~ .4ttnchment "A" 4/27/2007 10;07 AM U:Uv].y DocumenulCleF~klChapter I ].cloc 225 1'Age 36 0{'46 (d} City shall ;oat be liable to lessee for any dinninution or deprivation of possession, or of its rights hereunder, on account of the exercise of any such right ar authority as in this section provided, nor shall lessee be entitled to terminate the whole or any portion of the leasehold estate herein created, by reason of the exercise of such rights ar authority, unless the exercise thereof shall so interfere with lessee's use and occupancy of the leasehold estate as to constitute a termination in whale 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. 11.20.370 Aircraft operations protected, . ~_, (a} .The City shall reserve to itself its successors and assigns, fpr the use and benefit af. the public, a right of flight far the passage of aircraft in the airspace ~~ove the surface and ail improvements approved by the City of the premises conveyed:, together with the right to cause iu said airspace such noise as may be inherent in the operation oi' a~rcr~ft, nt~w ar hereafter used for navigation of or flight in the air, using said. airspace of landin~~at, taking off from, or operating on the X~enai Airport. (When plans for improvements are approved by the City, the City to the extent of those iinprovernents releases the easem~~~s here expressed.) (b} The lessee by accepting conveyance expressly agrees fd~ its~•lf, its representatives, successors, and assigns, that it will not erect nor pernnit the erection of any structure or object, on the and conveyed, which would be an wort abstructi.on within the standards established under the Federal Aviation Administxafion Reguistions, part 77,•as amepded. ].fn the event the aforesaid covenant is breached, the City reserves the right tq enter an the land conveyed hereunder and to remove the offending structure or object, all of which shall be at the expense of the lessee or i#s heirs, successors, or assigns. . 11.20.380 Fight to ~~joyxnent and peaceaUle possession.. The City shall agree and covenant that the lessee, upon paying rent and performing other covenants, terms, acrd conditions i3f this lease, shal~shave the right to quietly and peacefully hold, .rz: use, accupy~~~~1 pzyjo}~ the said leased premises, except that any inconvenience caused by public works pra~`~cts in or abput the leasehold premises shall not be construed as a denial of the right of quiot:,©~•peaceable possession. ,~:. . h 11.20.390 Lessei to pay taxes, Lessee shall pay al] Iavyiul taxes and assessments which, during the term thereof may become a lien upon pi' wh~c~ may be levied by the State, Borough, City, or any other tax-levying body, upon any taxable pb`ssessory right which lessee nnay have in or to the reason of its use or occupancy, pravid.ed, ~iowever, that nothing herein contained shall prevent lessee-front contesting as any other land owner any increase in such tax or assessment through procedures outlined in State statutes. 11.20.400 No partnership or joint ~Jei~ture created. The City shall not be construed or held to be a partner or joint venturer of lessee in the conduct of business on the demised. premises; and it is expressly understood and agreed that the Chapter 11 Harhor G+ttachrne~tt "A=' 4/27/2007 ] 0;07 AM U:1My Documents\ClerklChapter l l.doc ~ ,~,~~ Pt~ge37 oi'4G relationship between the parties thereto is, and shall at all tirxres remain that of landlord and tenant., 11..20.410 Default bankruptc~~. If the lessee shall nralce any assigzament for the benefit of creditors or shall be adjudged a bankrupt, or if a receiver is appoirtted for the lessee or lessee's assets, ax any interest under this lease, and if the appointment of the receiver is not vacated within thirty days, or if a voluntary petition. is fzled. under Section 18(a) of the Bankruptcy Act by floe lessee, tlaeza and in any event, floe City may, upon ~ivirag the lessee thirty days' notice, terminate this 1ea,~, Rte. 11..20.420 Nan.tl~sarimizaatiorz. ~~ . The lessee, for himself, his .heirs, personal representat'i'ves, successors in interest, and assigns, as a part of the consideration hereof, does hereby~'i~ov~ena'nt and agree as a covenant running with the land, that; (a) No person on the grounds afrace, color, gr~~ational origin shall be excluded ~rorn participation in, denied the benefits of, ar be otherwise subjected ta~:discrimination:.in the nse of said facilities. (b) In the construction of any iraaprov~:ments on, over, or under such land. and the furraishing of services thereon, rro parson an the grouiads t~f race, color, or- not?oval origin shall be excluded from participati.an, denied the benefits of, or otherwise be subjected; to~t~scri~minatio~a, (c) The lessee shall use tlae prerrzises in cazxzplian~e vyitla all othl;r requirements imposed by or pursuant to Title 49, Cady of Federal Regulatior~~ Departrrient of Transportation, Subtitle A, Office of the Secretary, 1'art21, l~ondzscrimination in Federally-assisted Programs of floe Department of Transportation-----E#fectuation of Title VI of the Civi! Rights Act of 1964, and as said regulations rna~~e amended. .r (d) in the event facilities are const~Iicted, maintained, or otherwise operated on the said property descrl%;l in Phis lease, fora u ose it~volvin the revision of siraailar services or F. ~~~ p ~ g p benefits, tl1~ lessee shall iaaaintain and operate such facilities and services in compliance with all other x~quirernents imposed pursuant to Tittle 49, Cade. of Federal Re~;ulatiorrs, Department of Tran~portatioza, Subtitle A, Offrce of the Secretary, Part 2,1, N~ondiscriminatioza in Federally- Assisted Prograzrrs of the Departmenf~of Transportation-effectuation o£Title 'Vi of~the Civil Rights ~1ct of 1~~4, and as said. Regulations znay be amended, 11.2t1.~(30 Martial invale.c~~. if any term, provision, Colldltlan, az' part of the lease is declared by a. court of co~xrpetcrtit jurisdiction to be invalid or unconstitutional, the remaining terms, provisions, conditions, ar parts shall canti.nue in full farce and effect as though such declaration was root made. 11.20.4G0 Parole rnocli~cations. It shaI1 be mutuall3~ understood and agreed between the parties that the agreezxzent, as written, skaall cover al[ the agreements and stipulations between the parties; and no representations, oral or written, have been xnodifying, adding to, or• changing the terms tYzereof. Chapter t i ldar6pr Attachment"A" 4l27/20p71f):07AM 1J:1My 1]ocamentslClerl<1ChapYer 1 l.doc ZZ7, Page 38 of 4G 11..24.450 ,P.mez>Idnacnt of lease. Notwithstanding anything to the contrary, in order to aid the lessee in the fznancilag of the improvements to be situated herein, the City steal] agxee that in the event the proposed mortgagee, beneficiary or security assignee under any interim or. permanent loan an the security of the leasehold izaterest of the lessee and the in~.provements to be situated thereon so requires, the City will rnake a reasonable effort to amend this lease in order to satisfy such rt;quirements upon the express condition and understanding, however, that such variance in language will not materially prejudice the City's rights thereunder nor be such as to alter i}~ny way the rental abiigations of the lessee hereunder nor its obligations to comply with all exlstiuag laws and regulations of the City relating to the leasing of airport lands, and to all applicable 1~ ederal statutes, rules, and regulations, and all covenants and eonditia,~is of the deed by which the City ,~ holds title to the land. ` ~~ ~: 11.20.x#60 Catnpliance with lar~~s. {a) Lessee shall eoznply with alI applicable fads, ordinances, and regulations o~public authorities now ar hereafter in any manner affecting the ):eased prenii~ses or the sidewalks, alleys, streets, and way adjacent thereto or any buildings, structures, fixtures, and improvements or the use thereof, whether or not any such laws, ordinances, and regulations which maybe hereafter enacted involve a change of policy on the par( of the gavernment~E body:,enacting the same. Lessee agrees to hold City financially harmless fraril the followinl;: . , {1} From the consequences of any violation afi such la~~s, ordinances; and/or regulations. .~;~< . , , (2) From al] cl~.tnxs far damages on account of injuries, death, or property damage resulting from such ~i:~la~tion. . {b} Lessee fut•ther agrees it will not permit any unlawful gccupation, business, or trade to be conducted otz said. premises ar ariy use to. ~~ inade~ereof contrary to any law, ordinance, or regulation a~aforesaicl with respect thereto. . ~ :~- 11.Z~.470: dare of premises. Lessee, at its own cast and expense, shall keep tiro leased premises, all improvements which at any time duz•ing the ternx of this ]ease nrtay be ,situated thereon, and any and all appurtenances thereunto belonging, tai good condition and repair, during the ezztre term of tlai.s lease. 11..2x.480 Lessee's obligation to retna~~e liens. Lessee will not permit any liens including, but not limited to, mechanics', }.aborers', or material-men's liens obtainable ar available under the then existing laws, to stand against the leased premises or iinprovelnents far any labor or material furnished to lessee or claimed to leave been furnished to lessee ar to lessee's agents, contractors, or sublessees, in connection with work of an.y character performed ar claimed to have been performed an said promises ar improvements by or at the direction or sufferance of lessee, provided, howe~vez, lessee shall have the right to provide a band as contemplated by Alaska law and contest the validity or amount of Chapter 1 I l~iar>sor Atuechment "A" 4/27/2007 1 D:07 AM Ll:IMy DccumentslClerklChapter ! 1.doc 228 Page 39 of 4G any such lien or claimed lien, 4n hnal deterriiinatian of such lien or such claim for lien., lessee will immediately pay any judgnrlent rendered with all proper costs and charges and shall have such lien xeleased or judgment satisfied at lessee's awn expense. x.1.20.490 Cnndero,nation. In the event the leased promises or any part thereof shall be condemned and taken for a public or aquasi-public use, then upon payr>'ierat of any award or compensation arising from such condeinnation„ (here shall be such division of the proceeds, such. abatement ii2 rent payable during the term. or any extension of the term hereof, and such other adjlsents as the parties may agree upon as being just and equitable under all the circumstari~es. if Che City and lessee are unable to agree within thirty days after such an award has been paid i.itto court, upon what division, annual abatemen#. in rent, and other adjustments are:~sl and equitable, the dispute shall be determined by arbitration provided in KMC 11.20.670 h°ereo~~ t_ 11.20.5Q0 l'rotectian of subtenants. ~.~ ~w ~~~ To protect the position of any subtenant{s7 hereafter prope>r~y obtaining any interests in the leasehold estate granted lessee hereunder, the Cify agreds that in'the event of tl`ie cancellation, termination, expiration, or surrender aI't~iis lease (the ground lease), the City will accept the subtenant, its successors and assigns, as ~i?~s lessee for a period equal to the full elapsed portion of the term of the sublease, including airy extens~,oiis or renewals tliereaf not exceeding the terra of this lease, upon the seine covenants axid conditions t~iercin contained, to the extent that said covenants and conditions are not inconsistcn# with aay of file terms"and conditions of this lease, provided such subtenant shall rnalce full axed comp~e aitornrrient to the City for the balaiace of the term of such sublease so as to establish direct privity of estate and contract between the City and the subtenant wit~i: the same force and effect as though such sublease was originally made directly between the~City dad such: subtenant; and furtl=~r provided such subtenant agrees to comply with all Che provisions of the ground lease.and all the terms of any mortgage, deed of trust, or securit.~<assi.gnlnent to which such le~selabld estate is subject, except the payment of rent under the gl~un lease aiid the payment of any debt service under any such n~oi-tl;age, deed of trust, Qr security assignment. ,;: .~~ ,,~_~~ .r I1.20.5A0 5uecessars in izttcrest. This lease shall be binding upon anal shall inure to the benefit of the respective successors and assigns of the parties hereto, subject to such specific lizxiitations or assignment as are provided for herein. l.t..2{1520 Governing lam. The indenture of lease shall be govei~xed in all respects by the laws of t1ie~State of Alaska. 11.20.530 Notices. (a) Any notices required by the lease shall be in writing and shall be deemed to be duly given only if delivered personall~~ or mailed by certified or registered mail in a prepaid envelope addressed as follows: Chapter 11 ]-Iarbor Attacl3ment "/~" 4/27/2007 f 0:07 AM. L):13v1y DacumenESlClerklCh~pter i l.doc 22~ Pogo 40 of.46 To City: City Hail~ity of Kenai [l'.O. BOX 580] 214) Fidalga Avenue Kenai, Alaska 99611 To Tenant: {b) The City shall also mail a copy of any notice given to the lessee, by 7egistered or ce>-tified mail, to any leasehold lender. (n:tortgagee, beneficiary of a deed of trust, security assignee) who shall have given the City notice of such mortgage, deed of trust, ar seGtirity assignment. r~: (c) Any such addresses maybe changed. by an appropriate notice in writing to all ether parties affected provided such change of address is giv~n~ ~~l~e other parties by the means outlined in paragraph {a) above at ]east fifteen days prii~r to the giving of the pariricular notice in issue. ~ ~,,~~~ 5~. ~ 11.20.540 Fire protectiotn. The lessee will take all xeasanab~~ precaution to preve~at and take all necessary action to suppress destructive ar uncarrtrolled grass, b,4rr`sh, or other fires oit leased: lands, and comply with all laws, regulations, and rules promulgated and en~'brced by the City f~o fire protection within the area wherein the leased premises are located. . `'~ 1I.20.550 Inspection. The lessee sl~~l allow authorized representatives ofthe City to enter the leased land for inspection at any reasonable dine. ' .,~ I.1.20.5G0 ~sonal use of ~tnaterials. fAII coal, ail, gas, aria ether rilit~erals and all deposits of stone or gravel valuable for extrae~ot, or utilization and all. rnatexials subject to Title II, Division I, Chapters ~l, 5, and 6 of the Alaska Administrative Code are excepted from the operation of a surface lease. Specifically, the lessee of the surface rights shall net sell ar remove for use elsewhere any timber, stone, gravel, peat z~noss; topsail, or azay other material valuable for building ar commercial purposes; provided, however, that material reclui~'ed for the development of the leasehold may be used if its use i.s first approved by the City. ~~ 1.1.241.770 lt.estrictinns and reservations. The lease shall captain such restrictions and reservations as are necessary to protect the public interest, Chapter t 1 33arbor Attachuicnt "A" I1:llvty r7ocumentslClerklC}is~pter 1 l.dtie 230 4/27/2007 10:07 AM 1'agc 41 01' 4C 11.2U.5$0 Waste and- injury to land. If any person shall commit waste, trespass, or other injury upon Cits+ land, the person so offending, in addition to being civilly liable for any damages caused, shall be deemed guilty of a violation. 1.1.20.590 Warranty. The City does not warrant by its classification or leasizag o#' land that the land is ideally suited for the use authorized under said classification or lease, and no guaranty is given or implied that it shall be profitable to employ land to said use. City boars nogresponsibility for any water erosion of land. :~.~ '1.1.20.600 Approval of other aut;lxorities. The issuance by the City of leases does not relieve tl~~_4grhntee or lessee of respatlsibility of obtaining licenses or permits a,s may be required by duly authorized Borough, Sfiate, or Federal agencies. R `~~ :~ ttfi2 N,i ,,.., A{ ~. 11..20.610 Titlc restrictions, Al] leases or sales of property, sh't~ll be made subject to restrictions anal reservations in the patent, deed, ar other instrument under vvhiclZ'the City holds. 11.20.620 Insurance-~-Hold harmless. ~ 1>-'~ ~~ ~~~` . Lessee shall covenant to save the City handless froth all~'actions, suits, liabilities, or damages resulting from as'arising out of any acts. of comtnis5ion or omission by the lessee, his agents, employees, c~totners, invitees, or arising i~rom or out of the lessee's occupation, or use o#'the prennises detrtsed, or privileges granted, and tb pay all costs connected therewith, ]n this connection, the lessee shall agree to arrange and pa5y fox a1.I the following: (a) Publiz~bi~i~.y insurance protecting both the Cits+ and/or its agents and the lessee, such insurance to be evidenced by a certificate showing the insurance in farce, The amount of such publ~~iability insurance as set forth in tl~ed§lease ~SIIALL HAVE LIMITS NOT LESS T1-L~N THt~SE KNOWN AS $250,004/$540,~~Q01$100,004]. (b} Liquor liability (where applicable). {c} Lessee agrees to carry employer's liability insurance and Warkn-tcn's Compensation Insurance, and to furnish. a certificate thereof to the City, if applicable. {d) Insurance cot~tr~Gts providing li.abilit3+ insurance and Worltmen's Compensation shall provide for not less thin thirty dos+s written notice to thc; City of cancollation or expiration or substantial change in policy conditions anal coverage. (e) Lessee agrees that waiver of subrogation against the City shall be requested of lessee's insurer, and shall be provided at no cost to the City. (f) . Cross Liability: Jt is ut:tderstood and agreed that the insurance afforded by tl~.is policy or policies for more than one taatxted insured, shall not operate to increase the limits oi'the cotnpany's iiabiIity, but otherwise shall not operate to limit or void the coverage of any one chapter 1 ! Harbor AEtaohnient "A" 4/27/2007 10:07 Aivl: Cf:IMy DocurnentslClerklCl~aptes~ ! l.cfoc 23~ Pale X32 of. 46 named insured as respects claims against the same named insured or e~nployees of such other named insured. {g) The insurance procured. by the lessee as herein required shall be issued in. the name of the losses and the City by a campan~~ licensed to do business in the State of Alaska, and shall contain endorsements that; {I} Such insurance may not be canceled or amended with respect to the City without thirty days written notice by registered. or certified mail to the City by the insurance company. {2} Lessee shall be solely responsible far payment of prerniulns and that City shall not be required to pay any premiums far such insurance. '~~ {h} The amount of insuraa~ce coverage required shave may he subject to review! for increase at each five year renegotiation of the lease. 3. h- {i) Upon review by the C~ [COMMISSION], the lessee ixtay be xequii'ed to obtain such other insurance protecting the City and lessee that tnay~~b necessarily required or advisable owing to the particularities of the harbor-related activtes on the lease-hold interest. ~~ 4 ~~• 11.2p.b30 Insurance of useY~s-•-Subtenants. ''`~ Lessee, for its own .protection, may require bona fide public users and subtenants to execute agreements holding lessee harmless from actions arisir~t; out of user's operations a><ad may require such bona fide.public users and strb'tena>,~ts to show proof a~'~puhlic liability insurance covexing their operations an the demised p"remises in such amounts as will adequately protect them. 11.2U.b40 AanuAl report. The lessee rr}ay he required to submit to the City eaclxyear on or about March ] S, an .~.: annual report on its~aperations, particularly those services ar>,d facilities offered to tl~e public, whether on a fee or non-fee basis. ~~' 1x..20:. 50 Tidelands claim's. ~~~The City shall lease the subject land su~ject'to any preference r..ights claims made pursuant to tkie provisions of Alaska S~~ate 38.05.320 ar Ordznance Na. 455-78, dated September S, 19'19 of the Gity of Kenai, adopted pursuant thereto, and the lessee hold's lessor harmless for any damages, legal expenses, or compensation necessitated by the resolution or satisfaction of said claims, if any. ].1..20.GG0 Snbjectiun`ta harbor or'dinance' Al] leases are subject to the terms, conditions, and regulations izxzposed by Title II, Harbor and Harbnr Facilities, of the 19`14 Kenai Code of ordinances as arr>ended of which this , SeCtlnn 1S part. 1 (.20.670 Arbitration. In the event the City and lessee shall be unable to agree as to.any matter provided for in tl~e lease except as to the an~aunt of the five-year rent redetermination amount which is handlt?d Chapter I I Harbor Attrichment "A" 4/27l2U07 ~ R:07 AM U:INIy DocumentslC;lerklChsptcr I I.cl~~e 232 Page 43 oY4b pursuant to KN1C 11.20,160, such dispute shall be determined by three disinterested arbitrators (unless the parties can agree on one arbitxatar). Such arbitration shall be conducted upon request of either the City ar the lessee, before three arbitrators (unless the City or the lessee agree to one arbitrator} designated bs+ the American Arbitration Association and in accordance with the rules of such Association. `l~he arbitrators designated and acting under this lease shall have na power to depart froze or change any of the provisions thereof. The expense of arbitration proceedings conducted hereunder shall be borne equally by the parties. The proceedings shall take place in Kenai, Alaska unless otherwise agreed upon by the parties. ~~~ ~ ;E..20.G80 ]?Y'OVIS1flI15 x'egULdting public use purpose. . The City Council realizes that only a Iiaxzitcd area of tidelands bordering navigable waters are available within the City of Kenai and which are owned b~ the City o`f Kenai, It would be in the public interest to insure that these lands do not pass ou~l of ~com~nuulty control at least to the extant that the public would riot be deprived of harbor s~~vice~-at reasonable rates in the future, Therefore, areas of City-awned tidelands which are5devel.apable for the bona fide public purposes as enumerated. below shall be leased on1~+~ith the fal~~owing covenants def~xied to insure public use and access at reasonable rates. ~~:., , 11.28.690 Prnvrsion to be inciudec3 in h~iialic use lease, The fallowing larovision shall be incil#~iecl: in. leases wl~tez•e hai'bo~z facilities are constructed to be utilized all or in pa~.~. for bona fide public uses. ~~ 11.20.700 Public use: det`~~t~d~. ~. {a) Public use shall mean a use limited in part ar in whole to the following: (1) In g~~ieral, the lessee may use the deimiis~ed prerrzi.scs ar part thereof for any of the following purposes only: ~S (i) Pi~bl~ dock facilities. {ii) Maritime commerce, r :~..... ~n` ~{iii') Transportation. {iv) Fishing. ~'~ (v) ~o'at harbor. (vi} Pori aizd waterfront development purposes. (b) Before lessee may conduct any activities which fall under this general criteria, but are not specifically rnentionec~ above, lessee zrzust obtain. written consent of the City, (Ord. 532) 11.20.7].0 Controlled access. Lessee, for its own protection, may construct or install fences, gates, or other types of barrters to'restrict access to portions of the demised premises that are not designated for a public use and may provide reasonable controls for access to public use areas to allow for security far Chapte~• I1 Harbnr Attachment "A" 4/27/2407 10:07 An4 C1:1My I7ucumeutslCkerklChaptcr I. t,doc 233 Page 44 of 4C such areas while insuring reasonable public access. Reasonable public access includes accazx~rnodations made for i'ashing operations during fishing season. 11.2{).720 Use cltargcs. Lessee shall rnake reasonable and anon-discriminatory charges to the public for use of any of: its facilities. It is expressly recognized that lessee is entitled to a margin of profit, which should be fair, reasonable, and catnpetitive, and #hat City will cooperate to this end in considering rates and, fees. 'The [COMMISSION] City Manager review all rate structures annually. The lease shall contaizw an arbitration provision as set forth iZZ~~C1~,C 11.20.674 to _:*. xesoive disputes axising hereunder.. ~ . sty 1.L20.730 Maintenance of clocl~. '° Lessee covenants that it will maintain the dock fa~~`"~~~~;iri~°a safe condition and in accordance with applicable state and federal standards. ..A~7: `~ ~.' l 1.20.740 Nlioclifi.catians of cxistitag leases. ~~ h, Leases sha11 only be modified to that extent deemed >4o be necessary to protect the public's interest. ~4 u I.1.20.750 Unatathorized rc><rtaval of material flrola~tliited. Any person, firm, or corporation who witha, written aut4:toz•ity from the City removes rock, gravel, or ether material from die lands owge' by the City without the e~:press consent of the City-shall be deemed guilty of a violation. Arty criminal action taken against such person shall net preclude the~nstitution of civil proceediza~s by the City. yr "nom e k . ~x~. 11.20.760 Iteraaaval net authox'r~:ed. by lease. Na deed or lease granted by the City to any person shall contain terms ar be construed as granting any right to remove materiaC frozn.,Giry (ands. r~ r_`l°~ 11..20.770 D.~s~asitian of ri;;hts by GatYnci3. In recogrtitian that conditions raay exist fi•om time to time whereby use of such lands and the naterial colrtpnsing the dame nrtay be beneftcia] to the public interest and praaraote the progress and deve~.oprtiient c~~ the Cifiy, applications for the use thereof txaay be received.and considered by the I?lannins7 and Zouin~ Cammissiori, providing such applicatiaaas fully disclose to the Gity all material~facts and plans for the proposed use. Such. applications shall be consistenfi with the Comprehensive Plan of the City TANi7 REFERRED TO THE CITY PLANNING COMMISSION FOR ITS RECOMMENDATIONS). Disposition of such applications shall be made by the Council after recommendation from. tlae Commission. 1.1..2U.78(? Penalties. (a) It is u.nlawfiil for any person to violate any of the provisions of this chapter anti upon conviction thereof shall be fined as provided for violations in KMC 1 "a.Q5.d10. Each day such Chaplet 11 ~larhor Flttachmeul "A" 4/27/2007 10;07 AM. 1~:1My DocumtnlslG[c:rklChs~pter l l .dac 234 t'age 4S of 4b violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder. {b} ]:n addition to or as an alternative to the above penalty provision, the City may impose a civil penalty in ar! amount a;; provided by KMC 13.05.010 per day for the violation of any provision of this chapter and seek injunctive relief for any infraction thereof for which the offending party will be charged for reasonable attorney's fees and costs incurred by the City as awarded by the court. (c} Nothing in this section.sllall be deemed to restrict the City's exe>CCise of any of its rights pursuant to t1~.e ]ease agreement including tl.iose enumerated i!z 1~NIC ] 12`{x.,:~20 and KMC 11.20.20 hereof. ~- 1]..2Q.790 Tideland tepees fur sitorc fisheries. {a) The annual minu~YUm rental rate for tideland leases tied }arimarily for shore fisheries shall be three hundred dollars {$300.00) per year, However, should the State af'Alaslca set an annual lease rate higher than. three hundred dollar~~~$300.00) fcr similar tideland. lease~~for shore s f sheries an land owned by the State, the City rna~ amend the arn€~:~1 retata] to a rate equal to that ~; charged by the State of, Alaska. Atty money owed pursuant to ~.~' C~11.20.150 sh~.l1 be in addition to the annual. minimum set forthabove. '` {b) Neither KMC 11.20,160 nor KM.C l 1:20.G20(a) shall apply to tideland bases for shore f15heTteS. r {c) The provisions of KMC I 1.20.110 and KMC;11.20.130 requiring appraisals of tideland property shall nat apply to leases of tidelands for sh~-xe fisheries. However, the survey provisions of KMC 11,20,110 are ap~l=a~~e to shore fishery leases, s `~ .. .;~r;w~t{p; t` U ~i t~ Chapter ] l harbor Attachment "n" 4127/2007 14;07 AM U:1My 1?oeumentslClerklChlpter ! l,dac 2.3~ rage 4C, ofd( ,,~ ~,~ AGENDA KENAI CITY COUNCIL ~- REGULAR MEETING MAY 2, 2007 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: / /www. ci. kenai.ak.us ITEM A: CALL TO ORDER 9h 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. ITE~M.~B~: SCHEDULED PUBLIC COMMENTS (10 minutes) a~S,~U~ -vI . Shelly Brenneman, Kenai Watershed Forum and Kaleidoscope ~.~ Elementary School Representatives -- Greek Clean-Up, Adopt-a- Stream, and Storm Drain Stenciling. 2. Josselyn Burke, Kenai Watershed Forum -- Kenai Shorebird Celebration and Workshop. 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. 2225-2007 -- Amending KMC 14.20.030 by Adding the Central Mixed Use Zone (CMU} to the List of Established Zones. ~~~~~/~ 2. Ordinance No. 2226-2007 -- Amending KMC 23.50.010 by Changing ~- ~~/p ~ the Range of the Planner (Class Code 117) From a Range 14 to a Range 16. ~~~~ 3. Ordinance No. 2227-2007 --Amending KMC 21.10.080 by Adding a Section that Allows the Council by Resolution to Grant a Lessee the Contractual Right to a Lease Renewal Upon Such Terms and Conditions as the Council Determines are iri the Best Interest of the City. ~~ /~l~u~ 4. Ordinance No. 2228-2007 -- Amending KMC 7.32.020 and 7.32.030 by Repealing the Existing Language and Replacing it With New Language to Reflect Changes iri Government Accounting Practices While Keeping the Requirement of a $500,000 Restricted Cash Reserve for Repair and Maintenance of the Congregate Housing Facility. 5. Resolution No, 2007-06 (as Substituted) -- Approving the Lease Form ~~~~' for Leases of Airport Reserve Property. ~,av ~irNli~'~~ (Cleric's Note: Resolutian No. 2007-06 (as substituted} was postponed from the April 4, 2007 Council Meeting. The motion to approve Resolution No. 2007-06 is active.} a. Substitute Resolution No. 2007-06 -- Approving the Lease Form for Leases of Airport Reserve Property. 6. Resolution No. 2007-18 -- Approving the City of Kenai Emergency p~~/~t. Operations Plan and Authorizing Its Execution by the Mayor and City Manager. (Clerk's Note: Resolution No. 2007-1'8 was postponed from the April IS, 2007 Council Meeting. The motion to approve Resolution No. 2007-I8 is ® active,} ~'~~~~~` 7. Resolution No. 2007-20 -- Authorizing the City Manager and Finance ~"~~~ ~' Director to Designate Personnel Responsible for Banking Duties. ~~ ~, 8. Resolution No. 2007-21 -- Authorizing the Use of the Equipment Replacement Fund to Purchase an Ice Resurfacing Machine. / ~ 9. Resolution No. 2007-22 -- Authorizing the Purchase of Tract A, Alaska /V" State Land Survey No. 2004-25 From the State of Alaska, far Market Value, for a Future Water Well Site. ~a~~ ,. A _/~ 10. Resolution No. 2007-23 -- 'TYansfen-ing $8,850 in the Water and Sewer ,~~ Fund to Purchase Land Fram the State of Alaska. ITEM F: MINUTES j~ 1. Regular Meeting of April 4, 2007. (Clerk's Note: Approval of the Apr- 4, 2007 minutes was postponed for administrative review. Techntcat amendments were made of Items E-6a and E-7a. A motion for approval is required.} 2. *Regular Meeting of April 18, 2007. ~~'~~ ~ 3. *April 1$, 2007 Budget Work Session Notes ~~~~~ ITEM G: UNFINISHED BUSINESS 7~ ~~~~ ~"'T~ Discussion -- Communi O inion Research Poll ~ p ITEM H: NEW BUSINESS ~~,-~A~ 1. Bills to be Ratified ~~D~"/r-~G~ 2. Approval of Purchase Orders Exceeding $15,000 3. *O~tdinance No. 2229-2007 -- Increasing Estimated Revenues and Appropriations by $12,000 in the Senior Citizens Fund for Operating Supplies. ~~ 4. *Ordinance No. 2230-2007 -- Amending KMC 2I.10.09D(d}(1) and (2) by ~,y~'i~.Cul.~ Establishing Different Requirements for Determining the Length of a Lease Extension and Extending the Maximum Term of Lease Including Any Extension From 35 to 55 Years. 5. *Ordinance No. 2231-2007 -- Increasing Estimated Revenues and Appropriations by $20,000 in the Airport Fund for Paving Vehicle Parking. 6. *Ordinance No. 2232-2007 -- Increasing Estimated Revenues and Appropriations by $35,000 in the Airport Storage Building Capital Project Fund far Construction of a Urea Storage Building. 7, *Ordinance No. 2233-2007 -- Increasing Estimated Revenues and Appropriations by $25,000 in the Airport Fund for Construction and Paving a Cargo Pad. ,~i"~~' 8. Approval -- Update/Kenai City Council Policy for Commission, Committee, Board and Council on Aging Meetings and Work Sessions. ~~, oi' 9. Approval -- Council on Aging By--Law Amendments ,~j~g ,~ Discussion -- Dip Net Dock/Beach Parking Fee Discounts for City ,~Jira/ohh ~./ Residents. ~~ 1 1. Discussion -- Schedule Executive Sessions/Annual Evaluations of City ~' ~~~ Manager, City Attorney and City Clerk. ITEM I: COMMI_SSIO~COMMITTEE REPORTS 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 Comnuttee b. Alaska Municipal League Report c. Joint Kenai River Working Group ITEM J: REPORT OF THE MAYOR ITEM K: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM L: 1. Citizens (five minutes) 2. Council ITEM M: PENDING LEGISLATION (This Item tests legislation which will be addressed at a Iater date as noted,} 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'l~vo-Cycle Engines.. (.I /I7/07, Tahied, no time certain.) Ordinance No. 2220-2007 ~-Amending the Official Kenai Zoning Map by Rezoning Approximately 241.4 Acres in the City of Kenai to the Central Mixed Use Zone, Including Parcels Currently Zoned General Commercial, Central Corr~nercial, Light Industrial and Suburban Residential and is Generally Located North and South of the Kenai Spur Highway and Includes Properties Between Bridge Access Road and Upland Street and Properties Along Main Street Loop, North Willow Street and Airport Way. (4/4/2007, Tabled, no time certain.} EXECUTIVE SESSION -- None Scheduled ITEM M: ADJOURNMENT .~~N -- - - / the city o f ~~ KENAI~ SKA May 2, 2007 ~~a ~~l/i~~a9e witk a Past, Gity witl~ a Future ~~ 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 /Fax: (907) 283-3014 www.ci.kenai.ak.us Shawn Maltby, General Manager The Peninsula Oilers P, O. Box 318 Kenai, AK 99611 RE: PZ2005-29 _ Concert (Assemblage) - 103 S. Tinker Lane Dear Mr. Maltby: This letter is follow-up to our conversation on May 1St. Based on that discussion, it is understood that the Peninsula Oilers do not intend to hold concerts and that the City will be closing the Conditional Use Permit. Any future plans to hold concerts wil! require a new application for a Conditional Use Permit. if I can provide assistance in the future, don't hesitate to contact me. Sin erel , r' \ ~ ~ _... Marilyn Kebschull, AICP Planning Administration