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BELLS FLATS TR B-3 OF TR B - Code EnforcementKIB ASSEMBLY MTG. - May 5, 1983 Page 2 VI COMMUNICATIONS & APPEARANCES A. Boards & Commissions B. Mental Health Vacancy Mayor Herrnsteen appointed Pastor Doty to fill the unexpired term ending Nov. 1, 1984 on the Mental Health Board. Mr. Peotter moved to ratify the appointment of Dr. John H. Doty. Seconded by Mr. Wakefield. Motion carried with no objection. C. OCS Vacancy Mayor Herrnsteen appointed Robert Burgy to fill the unexpired term ending March 1, 1985. Mr. Wakefield moved to ratify the appointment of Mr ". Robert Burgy.' Seconded by Mrs. Cater. Motion carried with no objection. D. Kodiak Island Hospital re: New Construction Option (2 letters) (IXB5)Mr. Murray moved to authorize the management of the hospital to submit a letter of intent to the State and to the Central Health Planning agency for the purposes of construction of a new hospital. Seconded by Mr. Peotter. Motion carried by unanimous voice vote. Mr. Murray moved to authorize the management to enter into an A & E Contract for the items denoted as hospital deficiencies in an amount not to exceed $10,000. Seconded by Mr: Arndt. Motion carried by unanimous voice vote. Deficiency-List:- 1. Changing of the location of a shower room, the establish- ment of a "dirty" and "clean" utility room and the estab- lishment of a storage room in the hospital. 2. Replacement of two areas of carpeting with tile and the replacement of one area of carpeting with new carpet. 3. Accomplish the decision of how to protect the present plasterboard walls from the damage incurred-from the wheel chair use in the ICF. 4. The enclosure of what an anti -way in the cafeteria to match an adjoining closet. (X P)Res. No. 83 -49 -R Authorizing Execution Of An Operating Agree- ment Between The KIB And Lutheran Hospitals And Homes Society Of America. Mr. Murray moved to adopt Resolution No. 83 -49 -R. Seconded by Mr. W V.efield. Motion carried by unanimous voice vote. - i e: ease Amendment on Mr. Murray moved to acknowledge receipt of the letter from Brechans concerning the withdrawal of the agreement for the tempo- rary -camp. Seconded by Mr. Arndt. .Motion carried by unanimous voice vote. - Bay Scheel r-e: Mr. Peotter moved to acknowledge receipt of Ms. Crumley's and the students' letters. Seconded by Mr. Wakefield. Motion carried" by unanimous voice vote. G. Letter from Dale Tubbs re: Bells Flats patent No action taken. H. Leiter from Kodiak Hostel Inn, Inc. re: Property. Mr. Wakefield moved to acknowledge receipt. Seconded by Mr. Anderson. Motion carried with no objection. - (X R)Res.. No. 83 -51 -R To Effect Certain Budget Changes In State Of Alaska Pass Through Monies. - Mr. Wakefield moved to adopt Resolution No. 83 -51 -R. Seconded by !f/26/f3 BRECHAN ENTERPRISES, INC-./GENERAL CONTRACTORS BOX 1275 PHONE (907) 486-3215 KODIAK, ALASKA 99615 Honorable Borough Manager Mr. Phil C. Shealy • , . HKodiak Island Borough Box.1246 - ' Kodiak, Alaska 99615 ' .Re: .Amendment to Brechan,Enterprises r Inc. , • on B-3,..Bells Flats Dear Mr Shealy:- • .:We: wish to inform the Borough Manager and assembly that the temporary 40 man camp on Parcel B-3 Bells Faits is being removed.. Fischback and Moore have made other arrangements to house-and feed their people. .This decision was not made by _choice.- We would like to thank the manager, assembly persons, and all other Borough personnel involved in this matter, and sincerely apologize for all the inconveniece we have caused. Lease Sincerely yours, BRECHAN ENTERPRISES!,,INC.- -,7 ,Louis Iani Secretary-Treasurer LPI:nb Kodiak Island Borough Kodiak, Alaska RECEIVED APR 151983. A M P M A - We Are An Equal Opportunity Employer klk 5131HP6s !vow E UORYPiivo 6055 l& Bucs fAR69 F.00 ilineNTOLY IV 7 iikat gftwoinos IN ;41 im• OtWN6 iffiToiav CDDifki AI Al ""wif Muciti 'oat mote Tit iegyouew sm- KODIAK ISLAND BOROUGH, RESOLUTION NO. 83 -39 -R A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY AUTHORIZING AN AMENDMENT TO THE MATERIAL SALES CONTRACT FOR TRACT B -3, BELLS FLATS ALASKA SUBDIVISION. WHEREAS, a construction activity was initiated on Borough land covered by a material sales contract with Brechan Enterprises, Inc.; and WHEREAS, the Planning and Zoning Commission, at its March 16 and 23, 1983 meetings, discussed the use of the property for a temporary construct - ion camp and associated activities involved with the building of the Terror Lake Hydroelectric Project transmission line; and WHEREAS, the Commission, at its March 23, 1983 meeting, interpret - ed the Industrial District regulations of Borough Code as permitting the land uses in question and the Borough Assembly, at its March 24, 1983 meeting agreed to consider an amendment to the Material Sales Contract for Tract B -3, Bells Flats Alaska Subdivision. NOW, THEREFORE, BE IT RESOLVED by the Borough Assembly that it authorizes an amendment to the Material Sales Contract with Brechan Enterprises, is Inc. for Tract B -3, Bells Flats Alaska Subdivision, with the following con- ' ditions: 1. Temporary Use. A temporary construction camp and the other activities associated with the building of Terror Lake Hydroelectric Project transmission line are allowed. 2. Term. The temporary use of the land is authorized from April , 1983 to December 31, 1983. 3. Occupants. Not more than 40 persons are to be housed in the jI temporary construction camp. 4. Rent. Brechan Enterprises, Inc. shall pay a monthly rent of $1,500.00 to the Borough for the additional use of the property. 5. Share. Twenty -five (25 %) percent of the monthly rent paid to the Borough shall be credited to the account of the Bells Flats /Russian Creek Service Area. PASSED AND APPROVED THIS 7th DAY OF April KODIAK ISLAND BOROUGH BY: ATTEST: Borough `Clk , 1983. o ough Mayor ;.; , ! • 7 ,e 83 / AS‘-oal' tfee-‘1,cze-2 /vas eedr(ej /7/ dVica A/g.- /oec /5.A•fe73 / eie.,k4_5 hit" . 7 " 4t4-, AC) ,9d/i.LL6 oa 4a0cLds kcie /ect.qe fi, /61(4' et/ze4-. Kodiak Island Borough Box 1246 Kodiak, Alaska 99615 Barbara Sikora Box 2006 Kodiak, Alaska 99615 Kodiak Island Boroui Kodiak, Alaska RECEIVED APR 7 1983 April 6, 1983 Members .of the Assembly, Mr. Mayor It is with great concern that-I feel the need to write you and request your attention-to all the factors regarding the proprosed amendment tothe material sales contract of Tract 3 of the parcels. . This lease was writen less then a year ago, and permitted the removal, extraction and Mfg. of gravel ONLY ! I'am sure you can recall the conern and hesitation the residents of Women's Bay had at that time, when after much debate the twenty year gravel lease was out into policy. We felt a bit uneasy. Our beliefs that this area would be a gravel pit only, and that after twenty years it would be turned back to nature, with a beautiful lake and residental lots was hard to believe. Indeed, in less then one year our worst fears have cmme to pass. It would seem that our effottsatttringto--workwith',:the borough to improve life in Women's Bay have all proved fruitless Not only is our compreshesive land use,-plan a waste of time and paper, but it would seem that all borough leases are just as useless. My greatest fear is that this variance and amendment is only the beginning. There our four other tracts in the area also in private hands, I can imagine what great plans these lease owners have in store for us, -2- I was thinking thats it is hard to remember that this is borough property and not private property. • WHO IS ACTUALLY IN CHARCE'HERE. I feel as though the residents of Women's Bay as well as the entire Kodiak Island Borough are literally being "sold down the river" Thank you for considering my thought in this matter. Sincerely, Barbara Sikora • • • Kodiak Island tioiou Pt Kodiak, Alaska 'RECEIVED 011 71983 a Kodiak Island Borough Assembly P.O. Box 12h6 Kodiak, Alaska 99615 tthki Mayor Bernstein and Kodiak Island Borough Assembly, • Concerning your proposed resolution to amend the Material ...: Sales Contract on, Tract B -3 in Belles Flats, I have -the. following comments: As you know, the construction of this 40 man tent camp is a blatant disregard and violation of the Material Sales Contract which we just drew up and, signed in July 1982. It is, in fact, a breach of contract, and according to item #24 of the agreement a default. to be "cured" in 30 days. Yet, instead of enforcing the contract, the Borough is proposing to amend it to allow this violation; not unlike the recent incident With the VFW Lease and 'Timberline; Inc. I am not placated by the proposed collection of 51,500..00 ent -Nor am I comforted by the suggested "temporary use"' and mited term of 8 months, I am disturbed that your: written lease agreements are meaningless. I am, concerned that the lands involved with present and future leases will not be protected by enforcement of these written agreements. I do not know how many leases the K.I.B. now holds, but I know you are presently considering remote cabin site leases, special land use permits and oil leases are soon to follow. If. lease agreements will notbe upheld they are worthless_. Yarnd the Borough should not waste time'setting them up. Or,perhaps, the Borough should do away with leases.altogether. If, on the other hand, leases are important and of worth, :then enforce 'them. Do not condone violations by granting variances after the fact. Resnec Mary Ma hes P.O. Box 2015 Kodiak, Alaska 99615 • • To;Kodiak Island Business owner's Restaurant's Apartment's Motel's Hotel's Grocery Stores March 28th 1983 Kodiak Island Borough Koc!iak, Alaska RECEIVED MAR J 1 1983 M Dear owner's and Manager's, We are writing you at this time to let you know how you have been SWINDLED OUT OF THOUSANDS of DOLLAR'S.Your local and good jestPred Borough Official's has Let a General contractor(Brechan Enterprises) put a FOURTY MAN CAMP on a piece Of property located at Bells Flats.The contractor(Fischbach & Moore)of Anchorage has cooked up a SWEETHEART DEAL with Mr Mike Brechan to set this Fourty man camp on a piece of leased property from the Kodiak Island Borough,Mike Brechan Knowing all the time that this property was to be used for gravel extraction ONLY This SWEETHEART DEAL must have been made before the bid's were opened on the Transmission line project,Which (Fischbach & Moore) were awarded the contract. For you see all the other general contractor's figured on using the local hotels and restaurant's in Kodiak to house and feed there men for this project.This goes to tell me that Mr Mike Brechan can take the law into his own hands and get by with anything he so desires. The Borough Mayor and Borough land commissioner is well aware of action that Mr Brechan has pulled,But the Fourty Man camp is in operation at this time. So you see if this had not happened in the first place you business people of Kodiak would have a lot more money in your pockets,But these little SWEETHEART DEALS just cost you a bundle of money.Think about it. CC: Governor of Alaska CC:Attorney General Sincerely Yours, Know your rights M -- / d/ X93 = AA-74. ✓ 5-ee Aoait i. - ice PRODUCTION SERVICES, INC. 4113 Ingra Street Anchorage, Alaska 99503 March 25, 1983 Kodiak. Island Borough Building Division, 700 Upper Mill. Bay Road Kodiak, Alaska 99615 - - Attn: Borough Manager/Mr. Philip' Shealy Dear Mr. Shealy: Reference is made to the temporary-Camp we have constructed in the Bells Flats Area. The Camp complies with all State and Federal requirements and it is estimated that the Camp will be removed prior to December 31, 1983. Do to the temporary nature and short duration of the Camp we respectfully request that we be granted a waiver of the requirements for a Building Permit. Very truly yours, Joka . W ediaead for Production Services, KODIAK ISLAND BOROUGH MEMORANDUM DATE: March 24, 1983 TO: Phil Shealy, Borough Manager FROM: Will Walton, Director of Community Development SUBJ: Tract B-3, Bells Flats Alaska Subdivision RE: Planning Commission Interpretation Be advised that the Planning and Zoning Commission, at its March 23, 1983 work session, interpreted Section 17.24.005(B) of Borough Code, which states: "To prohibit all residential uses of the land not associated with industries..." The Commission's interpretation was that the temporary construction camp and the other activities associated with the construction of the Terror Lake power line are permitted uses in I-Industrial zoning districts. William A. Walton Director Community Development. Department imi ‘;#2: 4es-- / oRiv s " P. 645,' 3- . e /ze/ 4 ib o z G as 7 A44-71- ior,7:/' 4( Aze,9 /5 10-6 e-i-e:e.a.d 6,7,erf, /i 71,; • le-e4 S:71, ec-S OA° KODIAK ISLAND BOROUGH March 18, 1983 Brian Sawvell Project Supervisor Production Services, Inc. Star Route Bells Flats Kodiak, Alaska 99615 Dear Brian: Telephones 486 -5736 - 486 -5737 — Box 1246 KODIAK, ALASKA 99615 Please be advised that the Borough Assembly, at its March 17, 1983 work session, briefly discussed the facility located on Tract B -3, Bells Flats Alaska Subdivision, by your company for Fishbach and Moore, Inc. The Assembly will be considering a resolution at its April 7, 1983 public meeting, to authorize the use of the property. Be advised that occupancy of Tract B -3 could be altered as a result of the Assembly's decision on the 7th or authorized "as is ". The bottom line seems to be that there is a degree of risk involved in con- tinued occupancy of the property. We'll all know the "rest of the story" on April 7th. Sincerely, William A. Walton Director Community Development Department CC: Case 83 -028 jmj • --ate KODIAK ISLAND BOROUGH MEMORANDUM DATE: March 17, 1983 TO: Phil Shealy, Borough Manager FROM: Will Walton, Director of Community Development SUBJ: Tract B-3, Bells Flats Alaska Subdivision RE: Placement of a temporary construction camp on Borough Land. Attached is a copy of the information provided to the Plan- ning Commission for last night's meeting. The tommission discussed the use of Industrial land for a temporary con- struction camp at length but failed to reach a decision because of concerns about the operation of helicopters in the area for the movement of concrete. The temporary use (200 days -I) of Industrial zoned prop- erty for a construction camp is one issue. The other issue concerns the use of-Borough land, covered by a Material Sales Contract, for the purpose mentioned. I need to know the Assembly's thoughts on this problem as soon as possible and hopefully before mailing the "nasty" letter which is being composed. Time is of the essence to all concerned. If the use is proper a building permit needs to be issued. If it's not so construed we need to proceed with enforcement. Regarding the Material Sales Contract - It can be argued that the use of Tract B-3 for a temporary construction camp is included in the contract phrase "...for the pur- pose of extracting, remanufacturing, and removing gravel resources." The crew involved with the construction of the Terror Lake facility transmission line will be remov- ing gravel resources, in the form of concrete, from Tract B-3 to various tower sites. The portion of Section 17.24.005.(B) of Borough Code which states "to prohibit all residential uses of the land not associated with industries..." (emphasis added) also seems to indicate that the temporary facility falls within legal- ity. /4/12/.t;i=- William A. Walton, Director Ai--/ze/7/ 8).3 77 r /ae_4_ .Z.1-12:z47t9,4-) ,R4L_ eros I. 2 g17‘ /8 Me-e-te-/ /717e-eS 7-Zi-cr- /5171 7 77-7f- aiez)772t/e72-e-A_ 617 6/9 7_4'/ ,I17-4-1c 1,4 / /)( 2o ,4., /4/ ,f47 t&/ 4 ea71/1_,G4i c 4(&ke5 iCe/01 c-1/Z71/Le---C >2 ,Thaias c'H cS'74--cZc 4,- . Za -.-/ 7 '/ 745 /11,- -4-4- 4ve-57 e/i_v_ 7Z,,,,i .- firy /(,/,_/ er/Z. 4 .e5e96/%t 7r.C.A2- /- 7-5Z70 *77 iVe) 72e-ey 74?- 4.-k 1d2 ,7Z .ezze)-s wez_. ?Zee— ■eef-- al/ ,//t X)/ . -KO.DIAK ISLAND BOROUGH PLANNING AND 7ONTIG COMMISSION MINUTES - March 16, 1983, Regular Meeting / Page 1 . (Verbatim tape recording available upon request from the Community Development Dept.) CALL TO ORDER AND ROLL CALL - The meeting was called to order at 7:40 p.m. in the Borough Assembly Chambers. COMMISSIONER'S PRESENT Steve Rennell Pat Briggs Virginia Crowe Ken Gregg Tim Hill Dan James JoAnn Strickert ALSO PRESENT Will Walton, Director of Community Develop;;: ment Department Joanne Jones, Planning Secretary Bill Hodgins, Zoning .Officer Dave Crowe, Borough Engineer Quroum was established. - 1. MINUTES - February 16, 1983 Mrs. Crowe moved to accept the February 16, 1983 minutes as prepared. Seconded by Mrs. Strickert. Motion PASSED by unanimous voice vote. 2. APPEARANCE REQUESTS WITH PRIOR NOTICE. 1. Tract B -3, Bells Flats Alaska Subdivision. . Mr. Walton presented the staff report based on a memorandum prepared by the Community Development Staff, this is to set up a temporary construction camp on Tract B -3, Bells Flats Alaska Subdivision. Mrs. Strickert is.anyone living there presently? Mr. Walton the 5 people building the camp. Mrs. Crowe how long did it take to set up the camp? Mr. Walton just a few days. Mr. Brechan gave Fishbach and Moore the permission to set this camp up. Mr. Rennell does Mr. Brechan have the right to do this? Mr. Walton not really. The camp is only to be there for approximately 200 days. Mrs. Strickert isn't the lease to Brechan only for gravel extration? Mr. Walton that is correct. Brian Sawvell Project Superintendent. We have permits from DEC for food service, -the well, and the septic tank which is a 2,500 gallon tank. Mr. Rennell do you feel 200 days will be enough? . Brian Sawvell weather providing it should be. Mr. Briggs how many people are involved with this project? Brian Sawvell 35 to 40. Mrs. Strickert why.not house them at Terror Lake? Brian Sawvell there is not enough room. ram ' '• f777:17 - ... - :-.., iii.; -• ,.�.' ..... e.+:_..„ 72 ^-,,:, ar c-. ` ° `. Mrs. Crowe are there any Borough permits for wells and septic tanks that should be issued? Mr. Crowe no, that is handled by DEC. Mrs. Crowe should a permit have been issued for the camp? Mr. Walton yes. Mr. Rennell how close is the nearest residence? Brian Sawvell approximately 800 to'1000 feet. We have also installed a privacy fence. • KODIAK ISLAND BOROUGH PLANNING AND i, .. IG COMMISSION MINUTES March 16, 1983, Regular Meeting Page 2 Mr. Rennell what about •road traffic? Brian Sawvell I think they are bussed or flown to town. Mrs._Strickert why not use the airport? Brian Sawvell I believe it is against FAA regulations. Mrs. Strickert were you aware of the lease stipulations between Brechan Enterprises and the Borough? Brian Sawvell no we were not. Mr. Hill closed the regular meeting and opened it for public comments. Mary Mathes against, concerned with helicopters. George Kizurk General Manager for Production Services, we have nothing to do with helicopters, we were only told to build the camp. Mary Mathes if this is allowed it could set a precident. Mr. Rennell how far do you live from the camp? .Mary Mathes about one mile. Mr. Hill when will the men be arriving? Brian Sawvell Friday. Mr. Hill who would be.able to answer' the FAA questions? Brian Sawvell John Wenthead. Mr. Hill I would like to see these questions answered before we take any .action on this. The Borough Assembly is going to discuss this tomorrow night. I would like this on our March 23rd work session with answers to our questions on total activities to be going on, and- the answers.on. the FAA_regulations.- -NO- ACTION NEEDED .THIS _EVENING,_..__ 3. PUBLIC HEARING ON CASE 83 -027. Public hearing on the Chiniak Area Plan. (Chiniak Area Community) Mr. Walton presented the staff report based on a memorandum prepared by the Community Development department. Also discussed the Zoning Map for Chiniak and the Chiniak Area Comprehensive Plan Map. Mrs. Crowe read letter from Omar Stratman.. If land is designated for a greenbelt can it be developed? Mr. Walton you would be able to develop it as if it was zoned Conservation. Mr. Hill closed the regular meeting and opened the public hearing. Teresa Stone May 1982 the Community plan was started. Presented a breif history on how the plan was developed. Discussion between the Commission members and Teresa. Stone on marine commercial land. Mr. Walton 3 letters came in late so I'll read them: 1 returned from Morris Lee - for the plan, 1 returned from Koniag, Gene Sundberg, against the plan and 1 returned from the Patterson's for the plan. Mrs. Strickert what about the prison? Mr. Walton it will fit in conservation as a permitted use. Ed Naughton Mile 36, I have a smoke house operation and would like to know if it is,.legal? • Mr. Walton yes, it is acceptable. The smoke house is grandfathered and Rural Residential zones permit fishing activities. - Omar Stratman I use a good part of this land for grazing my livestock, the area from Thumbs Up Rock to Kalsin Inn. 7EM #2 KODIAK ISLAND BOROUGH MEMORANDUM DATE: March 16, 1983 TO: Planning and Zoning Commission FROM: Community Development Department SUBJ: Appearance Request RE: Construction Camp on Tract B-4A, Bells Flats Alaska Subdivision. Production Services, Inc. is constructing a temporary camp for the housing of workers involved with building the Terror Lake Hydroelectric Project transmission line. Staff is requesting an interpretation of Section 17.24.005 (B) which states: "To prohibit all residential uses of the land not associated with industries..." A problem has arisen regarding the temporary (200 days) use of the property. It can be argued that the employees involved are associated with the gravel removal and processing industry because they will be producing and moving concrete to remote locations for the con- struction of the transmission line. Your interpret- ation is requested. //1-e ///at," William A. Walton Director KODIAK ISLAND BOROUGH Box 1246 Kodiak, Alaska 99615 RETURN RECEIPT REQUESTED MR. MICHAEL BRECHAN BRECHAN ENTERPRISES, INC. BOX 1275 KODIAK, ALASKA 99615 1 CERTIFIED RETL_1'' RECEIPT REQUESTED KODIAK ISLAND BOROUGH Telephones 486 -5736 - 486 -5737 — Box 1246 March 14, 1983 KODIAK, ALASKA 99615 Mr. Michael Brechan Brechan Enterprises, Inc. Box 1275 Kodiak, Alaska 99615 Dear Mr. Brechan: It has been brought to our attention by several persons that certain land use activities are occurring on Borough land, known as Tracts B -3 and B -4A, Bells Flats Alaska Subdivision, for which you have an existing Material Sales Contract. Upon investigation of the allegations on Friday, March 11, 1983 and Monday, March 14, 1983, I have been advised that the following have been placed on Borough land by Fishbach and Moore of Alaska, Inc. and Production Services, Inc: 1. A temporary construction worker camp for 40 persons; and 2. An eight acre helicopter pad. The use of Borough land requires the Borough's permission before, not after, the fact. The following violations have occurred because of the construction activities listed above: 1. Illegal land use activity in an Industrial District; 2. Violation of the provisions of the Material Sales Contract. granted "for the purpose of extracting, remanufacturing and removing gravel resources." 3. Failure to obtain required. permits. It is entirely possible that Fishbach and Moore was to obtain the required permits and take care of the required bureaucratic hoops. That has not been done however and a response on our part is required by Borough Code. Be advised that we have no choice on this matter but to issue a stop work order in accordance with Section 17.75.010 of Borough Code. You have ten (10) days from the receipt of this letter to correct the problems noted, seek Mr. Michael Br-an Page 2 March 14, 1983- administrative releif or appeal my stop work order. If you have any questions on this matter do not hesitate to contact me at 486-5736. ' Sincerely, (1/.d14,y William A. Walton Director Community Development Department CC: Fishbach and Moore of Alaska. Walt Ebell Mike Green Glenn Mathis Carpenters Local 2162 KODIAK, ISLAND BOROUGH MEMORANDUM DATE: March 14, 1983 TO: Miscellaneous Investigation File FROM: Bill Hodgins, Zoning Officer RE: Tract B-4A, Bells Alaska Subdivision and Residency Thereon. At approximately 3:30 p.m. on March 10, 1983 I received a telephone call from Mr. Dan Moen stating that Brechan, Inc. was building a "tent city" on Tract B-4A, Bells Flats Alaska Subdivision. Mr. Moen was informed that no permits or approval have been granted to allow this use and that an investigation would start immediately. On March 11, 1983, Mr. Bryce Gordon, Building Official and I conducted an on-site inspection of Tract B-4A and spoke with the crew setting up.the tents. A septic tank (2,500 gallons) is installed as well as combustible type toliets for disposal of solid waste. Mr. Gordon and I were accompanied back into town by Brian Souvell, Field Superintendent for the contractor setting up this camp. Brain Sauvell submitted a letter to Planning and Zoning Commission to request to be heard by the Commission on March 16, 1983 at the regular meeting. This request stems from Mr. Phil Shealy's request for Fischbach and Morre to do so. Mr. Shealy also requested that staff call Bruce Ericson at the Anchorage DEC office to verify that septic system approval has been complied with. This call was made by my- self on March llth and Mr. Ericson verified to me that approval for this camp has been granted. A second ,telephone call at the Manager's request was also made to Mr. Wayne Bates, Air Traffic Manager for FAA to find out if special permits are needed for the intended Helicopter use for ferrying the transmission line towers to the installation site. Mr. Bates said that "off the top of his head no", but to check on this call FAA's flight standard division in Anchorage to verify this. This call will be placed on Monday as FAA's office in Anchorage closes at 4:00 p.m. during the week. KODIAK ISLAND BOROUGH MEMORANDUM DATE: March 14, 1983 TO: Miscellaneous Investigation File FROM: Bill Hodgins, Zoning Officer (I RE: Tract B-4A, Bells Flats Alaska Subdivision, Heliport. On March 14, 1983 a telephone call was placed to the Flight Standards Division of the Federal Aviation Administration. Mr. Bruce Cushman, Inspector of Heliports for FAA was con- tacted and asked what regulations or permits are required for heliport pads. Mr. Cushman stated that FAA form 74-80 is required to be filled out and approved by FAA prior to establishing a helipad. When asked if any permits of this nature have been recieved from the Kodiak area, Mr. Cushman stated that no permits have been: issued for Kodiak. I requested that form 74-80 be sent to use so that we may forward it to Brechan Enterprises, Inc. for their use. USE BACK OF THIS SHEET AS WORKSHEET NOTICE OF LANDING AREA PROPOSAL INSTRUCTIONS AS USED HEREIN, THE TERM "AIRPORT" MEANS.ANY AIRPORT, HELIPORT OR SEAPLANE.BASE. Federal Aviation Regulations Part 157 requires that each person who intends to do any of the following shall notify the Administrator: 1. Construct or otherwise establish a new airport or activate an airport. 2. Construct, realign, alter or activate any runway, landing strip or associated taxiway. 3. Deactivate, discontinue using or abandon an airport, runway, landing strip or associated taxiway for a period of one year or more. 4. Change the status of an airport from personal use (exclusive use by the owner), or private use (use by the owner or other persons authorized by the owner) to an airport open to the public. The notice required shall be made by submitting this form in quadruplicate to the nearest Federal Aviation Administration's Airports District Office or Regional Office. Section 901 of the Federal Aviation Act of 1958, as amended, provides that any person who violates a rule, regulation or order issued under Title III of this Act shall be subject to a civil penalty not to exceed $1,000 for each violation. GENERAL INSTRUCTIONS 1. For any project falling in categories 1, 2 or 4 above, complete all appropriate sections. If the project is, or will be, associated with a personal or private -use airport located more than 5 nautical miles from any airport open to the public and more than 20 NM from an IFR airport (an airport for which an instrument approach procedure has been authorized). only sections A, B, D and I need be filled out. 2. For deactivation or abandonment (category 3 above), complete sections A and I only. 3. Express all bearings as magnetic and mileages as nautical. 4. PLEASE PRINT OR TYPE ALL ITEMS AND BE SURE ALL COPIES ARE I,FGIBLE. Section A— Attach U.S. Geological Survey quadrangle map or equivalent. Plot locations of facility runway alignments, associated taxiways or sealane alignments. When appropriate, use city map for heliports. Section B —If the type of use is to be by the owner only, check "personal." If also used by persons authorized by the owner, check "private." If the airport is open to the public, check "public." If the airport is owned by a state or state agency; a municipality or other political subdivision; or a tax supported organization, check "public" ownership. Otherwise indicate that the type of ownership is "private." If necessary, use a separate sheet of paper to describe changes or alterations. Section C— Airport or seaplane base: List VFR airports and heliports within 5NM, and IFR airports within 20NM. Heliports: List VFR airports and heliports within 3NM and IFR airports within IONM. Section D— Self - explanatory. Section E —List and plot on quadrangle map or equivalent any obstructions. Airport or seaplane base: Within 3NM radius for VFR airports and within 5NM for IFR airports. Heliports: Within 5,000 feet of the perimeter of the heliport landing and takeoff area. Section F —Self- explanatory. Section G —List schools, churches and residential communities within a 2NM radius for airports and within a 1 NM for heliports. Section H— Self - explanatory. NOTE: Additional copies of FAAFonn 7480 -1 may be obtained from the nearest FAA Airports District Office or Regional Office. Notification to the FAA does not waive the requirements of any other government agency. FAA FORM 7480 -1 (1 -77) Federal Aviation Administration 701 C Street, Box 14, AAL-620 mAR 111.1983 Anchorage, Alaska 99512 (THIS IS YOUR WORKSHEET — RETAIN AS YOUR COPY) Form Approved. OMB No. 04 -R0094 DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION NOTICE OF LANDING AREA PROPOSAL ❑ ESTABLISHMENT OR ACTIVATION ❑ AIRPORT ❑ ALTERATION }OFD HELIPORT ❑ DEACTIVATION OR ABANDONMENT ❑ CHANGE OF STATUS ❑ SEAPLANE BASE NAME OF PROPONENT, INDIVIDUAL OR ORGANIZATION ADDRESS -(No., Street, City, State, Zip Code) A. LOCATION OF LANDING AREA 1. NEAREST CITY OR TOWN 2. COUNTY 3. STATE 4. DISTANCE & DIRECTION FROM NEAREST CITY OR TOWN 5. NAME OF LANDING AREA 6. LATITUDE pl `II I n 7. LONGITUDE 1 `II n 8. ELEVATION MILES DIRECTION B. PURPOSE TYPE USE ❑ PUBLIC ❑ PRIVATE ❑ PERSONAL TYPE OWNERSHIP 0 PUBLIC 0 PRIVATE LOCALITIES SERVED IF CHANGE OF STATUS OR ALTERATION, DESCRIBE CHANGE. CONSTRUCTION DATES TO BEGIN /BEGAN EST. COMPLETION C. OTHER LANDING AREAS REF. AS ABOVE DRCT. FROM LANDING AREA FROM LANDING AREA D. LANDING AREA DATA AIRPORT OR SEAPLANE BASE MAGNETIC BEARING OF RUNWAYS) OR SEALANE(S) EXISTING (If any) PROPOSED LENGTH OF RUNWAY(S) OR SEALANE(S) IN FEET WIDTH OF RUNWAY(S) OR SEALANE(S) IN FEET MAGNETIC BEARING OF PRIMARY LANDING DIRECTION TYPE OF RUNWAY SURFACE (Concrete, Asphalt, Grass, Etc.) 2. F 0! O R. 5 IQ DIMENSIONS OF LANDING AND TAKEOFF AREA IN FEET -. E. OBSTRUCTIONS DRCT. FROM LANDING AREA DIST. FROM LANDING AREA -TYPE HEIGHT ABOVE LANDING AREA DIMENSIONS OF TOUCHDOWN AREA IN FEET MAGNETIC DIRECTION OF INGRESS /EGRESS ROUTES TYPE OF SURFACE (Turf, rooftop, etc) 3• ALL DESCRIPTION OF LIGHTING ()Cony) DIRECTION OF PREVAILING WIND F. OPERATIONAL DATA REST (If a t. indicate by letter "E") ANTICIPATED 5 YRS. HENCE 1. EST. OR ACTUAL NO. BASED ACFT. AIRPORTS MULTIENGINE S1 NGLE- ENGINE G. NOISE CONSIDERATIONS DRCT. FROM LANDING AREA DIST. FROM LANDING AREA HELIPORTS UNDER 3500 LBS. MGW IDENTIFICATION OVER 3500 LBS. MGW 2. AVERAGE NO. MONTHLY LANDINGS AIR CARRIER GENERAL AVIATION OTHER (Mtltrory, glider, ere) 3. ARE IFR OPERATIONS ANTICIPATED TYPE ❑ NO ❑ YES WITHIN YEARS NAVAID: H. APPLICATION FOR AIRPORT LICENSING ❑ HAS BEEN MADE ❑ NOT REQUIRED ❑ COUNTY ❑ WILL BE MADE ❑ STATE ❑ MUNICIPAL AUTHORITY 1. CERTIFICATION: i hereby certify that all of the above statements made by me are true and complete to the best of my knowledge. NAME AND TITLE OF PERSON FILING THIS NOTICE (Type or print) SIGNATURE (In ink) DATE OF SIGNATURE TELEPHONE NO. (Precede with area code) FAA FORM 7480 -1 (1 -77) MARCH 14, 1983 MARCH 14, 1983 MARCH 11, 1983 MARCH 11, 1983 210E-- : Nita," 41- bavfla& 1ar"7.t, L d.4-1 dele.- Hat- ca,440.,,,i ikiirtta /fig )e)tAi ,114223ff scak04411 Fe-bp414I-1A-, 1,,e-le,cdeclo‹, c42-.J L 4-t 9z,vea4--Lce-- r , ai- ceta 4- 5-4 - /to 4pi.ta Matadi ,11-4,0,,)-2 af,/6 / g Ate" ,v/4/141, _ - - 1Wc friee 71-aga_ 2 4.,a44,(4 _ 4t-af7-4, /4,042, -a4A At-AL- Maa/ 7 7fil 7124, ilotoio- 7z,24,a, il/ae 1-k,teAv /1 /d7 gef .Catid6 / ,(ve,d,/f, /fig /21,t4 /fr- ca4 -2.-P1-44441-11-44.4-f45#7-4E-- ad- ia0)( S Zoy Rox o CD*1`S-- 1/ •/ ?).(:))( 014 L4414t4' adAd "(1461ett P-‘111144, q95D,2) J r1 iw.fC jot �l4eiililllt5:ll.m 1EFAM: Mi. .t lSWItaL (tillailA 11W,Alie CONSTRUCTION CAMP - Bell Flats STATIE 0 .,,, DEPARTMENT, OF ENVIRONMENTA CONSERVATION EATING-AND DRINKING ESTABLISHMEN .. PERMIT this is to certify that �, /` '` PRODUCTION SERVICES Inc 'c r ,. ,„ !� ; " 411:3 Ingra Street ‘ I IIL 1', I'' Anchorage,) AK 9950'3'1'1 II is authorized to,!1 operate an :eating and,drinking establishment in the State' of Alaska pursuant to 18 (AAC 31.1-his/permit is r the property (Attie State of Alaska and may`.,be suspended or revoked : - for failure to comply with 18 AAC 31 or .,then . PPliCiable statutes or regulations, or because of change of ownership, location, or type of business. This permit must be' prominently displayed in the establishment... ./ Datelssued 3 -16 -83 ;'3 Permit No. 25- 615 -0065 DISTRICT SANITARIAN .'-? nI "!7EVI1N11YCt ,95` ,IP1:gD7.1Zil'ia rr?dr^.,'4iM t, Fl FIN FC Piw.:, d.A,stjT , 4 . T ar_i ' ltio;;OnVilVILV+Reti a`,JI• .1Gn. ?% 4#3t' ,4'• e1.1l•:".• A, • _ s SS" NNW a} 18 -417 CONSTRUCTION AND OPERATION CERTIFICAT • ALASKADDEPARTMENT OF ENVIRONMENTAL • CONSERVATIO !I; +;i' f 1 • PUBLIC WATER SYSTEM- APPROVAL TO CONSTRUCT Plans for the constrruction of TITLE if construction has,'not started within two years of the approval date, this certificate is;vo plans and specifications 'must be submitted for review and approval before construction APPROVED CHANGE ORDERS Change' (contract order no41I or descriptive reference) The "APPROVA the public. . TO OPERATE" section must be completed before any water is Made availabl APPROVAL TO OPERATE (. The construction of the " public water system was completed on (date). The system is hereby Y Y granted interim approval;to operate for 90 days. following the completion date. • ;+ j TITLE i• I As -built plans submitted; during the interim approval period, or an inspection by the Department has confirmed they system was constructed according to the approved plans. The system is hereby granted final approval to operate;! TITLE p: • • 'I:4' ": r'• • 1.1:1 I . ... ;_;, • Ir1"; , - ' 1; , .: „•:,f„' , kl ' . March 11, 1983 . I. ;;',' '" ...‘,.L•. ', ' 1:•. ,.;';', ' .i. , . . . 11r. John N. Gammons 1; . .1: f . ... Production Services Inc. , !il i ■• '. ' '''' i '• i. . 4113 Ingra! Street.'; . , .1. • anchorsge; AK•';II..99503. 'i . .i. '.:;•. ,:' ., . H I, H'',1P; ;;,,I; : ' II 1 •-•- ' ,.i pear. Nr. pammotusa ii , • . i • , ,..: ._. ,t Subject: i'; Preduction Services Temporary Camp, Kodiak i • ; I'' (8321-4A-199) , . ; 1 , , , , . • 1.4a •have revieWed the plans and specifications for the subject project: .:..1 • I ] ; ' ,::: . The project is hereby approved for construction for the items with, i0hich ,A . this Department is concerned. . This letter constitutes the permit' required r ---'1.1 'i by A,S.' 46.03,720(a) for approval of sewerage systems. :, ,., ' .. Jc.,-,:e I•:-.-..1.' ;(i I:r. ''' ,; i. r'..,1,_•,•=!.• iI • - -7,1 I. • II I ::-..-. : Sin9erely, ,: ,......-.T • I, .1 1,, ., • 1 ■, !il , ; ;; li• A, .I: ..■ , ' t • ■i • ■ 1..,, '1 ,/:.t,f4'./f j C::: k:"./... ,A.e4 ''''' ' . •' I Bruce E. Erickson ..., 11 Environmental Engineer. •I.: . , . '''II;',', ,,, -,. . -5i.:•..;, , . 11; 'P, K :, : i. • ;i'. •/. .., i . • •'1. 1• ;: • • II " 1' • , 1 • lj • , • BEE/mem , 13, 1:1 I 1. • I! • t;;, ,••; " ,;1; • • • ;;;111,16-'-,k74'•., '11 C}NSTRUCT,ION AND'; OPERATION- CERT Etc 1.0 Ix); ti' 1,I,. , 1' . ,`�' FI, ALASKAgc;DEPARTMENT OF ENVIRONMENTAL 'CONSERVATIOI' y,,� i' .f ?PUBLIC WATER SYSTEM ; t! f;•,, IiS; ;,; 1 ®,; Alaska, subrr • ' public water sys #em locai ed in- accordance with 48 AAC 80:1 m' r ;fi have been reviewed arrc( BY( TITLE DATE , • 1 r11 i t.' } If ,,construction has :'riot 'started within two years of the' approval' date, this'certificatefis void''and' new '• plans and specifications,must.be submitted for review and approval before. constructibn..iE APPROVED CHANGE ORDERS Change (contra ct order; or descriptive reference) -i , ..1 The APPRC}�1ALy:TQiOPERATE section must be completed before any ,water is made.availab • the public. j!Ib "i "i '11. '. i'''' ! �i , i l � � � °,f• � 11i 1 II i,i I � t; !I APPROVAL TO OPERi ATE The construction of 66 .1 • 1 i I0 ip1 '1 ( ' ; �a {1 1° ) {i ' .i. I• . I :it I I II , K ., • .�� f f {l 11 i a i i tj I ' water system wasconpleted on ' (date). The : system. shere m . t° {� `IE' igranted interim,approvel ooperate for 90 days date _- f �� ' . 1 lil ,:u ! ' f.i ,ti dji� pj, , As -built plans submitted during the interim approval period,.. or an . inspection iby the Depa i { erithas confirmed the system' was! constructed according to the approved plans TheVsystem isaherebygrante'd. #final approval to operate f j {: +' it i1, fl i,l�' {' 1[1011' k' 17) 16g-Or-P6w LI vticHOr 1 `i°57-45 • ■ - • + _ • - ■ - • - •. • 43A-1-1R. 6-roadN6o-. ; 111 e-c.:4N%pu - . • 1 T - I — _1 . 1 t Z. • ■ • • •,• • • • ■ • • .• • r?' • u30-11- - • De-TP)u. C., • • • .. • • " , ; , u-, -,--. — • c„. -.1.. vx-• c.. ' (.3 '''' -- 0 _,C> , .::-.. 0 ...c) 0 0 ,,, ..,.., t • g ,;• --- .--.' a -'c,.':c crc:.L-' c;-e,e z— _ ,,,- . c, , t. ,. -,„ 0 c,- -,- - 0,Jcscrc-70 ,i) , ,.To" o'ob.3 1 17-.e. "a- ‘--; 0 : (-• --; ) t. ‘ • „, / 77k.C.:, ...„... ..-1., 0 , / z ..... ... ... .” a .. i-- ' - C.) ‘7, '. a u ,..... . . (..." 0. , • , _ ' . ' -,... ,....,..._ \ (.....,A , z•• „,, ) .......— ) cs 9 \ .4) - , r/- ,.., ,..,.,, ,,, , N..........._ 1 ( 1 .., ., ‘,... __. . . , , • \ - \ // r ‘ i / i f t. f I \\ \ ) -;: ■ ; -,-:-: A' - , -. ... , ..‘ i i - \ i ; ; t • / • .•. • • + • • . . • _ ' • .. • - - Zr , • - . . yr;s: 1, ,e,*--ft........- .4 t :1•44 it ,,,- - I i /... .. • 1, .. „ ri74`: =: - ' l' . ' t , • ::::7:1 . ...):7... .■ '. :. . • 7 7 • . _ . _ - u r - - _ • . Lvd.A.ET .1—'644K It 116 1-to - • I I.1:S 1-111 PeRF. seg4,614,4-0-ki) gfrtii/d ,5ffefrfri-o eg, 5-4D (144 s. _62 kL7/6,1A.v2) F fifi F/yi a/11J_ 64 awl, • = F SE INC. n Brechan Enterprises, Inc. — Elizabeth F, Inc. Breakers Bar & Liquor Store, Inc. Alagnak, Inc. STEPHEN P. TOLTON P.O. Box 1275 Kodiak, Alaska 99615 (907) 486-3215 ( 0 1110 c,M JOHN E. TYHUIS 1/.7/ //C7-qc-e: 4v-k 7 Page No. of 1 ages BRECHAN ENTERPRISES, INC. Box 1275 KODIAK, ALASKA 99615 Phone 907 486 -3215 907 486 -4028 PROPOSAL SUBMITTED TO PHONE DATE STREET JOB NAME Terror Lake Transmission Line ~ C3TY, STATE AND ZIP CODE JOB LOCATION Ai?C : -. FCT DATE OF PLANS JOB PHONE We h•.tehy submit specifications and estimates for:'-1.11i, OG Clearing per Acre $.J,-0- ,- 6- 0 -b -00- "..Note: The contractor provides helicopter transportation.-f i- �,7,,.. - . -` /,,z :fir-- y 3.7e ! • Concrete: FOB Plant Kizhuak Valley .$331 -3_ per cubic .yard, 1000 cy minimum We strip two acres and site prep. FOB Buskin Area _.......$165/cy .. .FOB Bells Flats $151 /cy EQUIPMENT RENT: 235 Cat hoe .. $11,000.00 per month D -6 7,500.00 per month - `duck & Trailer 99.00 straight time per hour BEI labor 40.00 straight time per hour Lash Corp. (crane labor) 45.00 straight time per hour Tug & Barge 4,500.00 per day o .=F 45 Ton Crane 110.00 per hour with operator =- o; ;e v"• �� 22 Ton Clark $60,000.00 sale ' . /r's'r CY V'' � 6,600.00 per month Camp: $35,000.00 as is, where is, site attr,y Bells Flats - $15,000.00. Pad development and bedding as required, t- te-n install and wire, utilities,etc. Alagnak.site. j .. -- $ '900.00 per month _ --• _ .r - - i3.. r ' 6 ' ' - Ct(,-G 6 � 9 / 2 ' . . . , - - 4 , ; . t ........... No price on piling foundation. t P inpu5£ hereby to furnish material and labor — complete in accordance with above specifications, for the sum of: dollars ($ ) • Payment to be made as follows: All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifica- tions involving extra costs will be executed only upon written orders. and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance. Our workers are fully cc .'eyed by Workmen's Cornpersation Insurance. Authorized Signature Note: This proposal may be withdrawn by us if not _accepted within__ .rrrpfartrf i1f arDpf5 ii1 —The above prices, specifications end conditions are sat sfectory and are `ereby accepted. You are authorized to do the work as spec'fied Payment 6.11 to made as outlined above. Date of Acceptance. -- (0 Signature Signature •. c-] COP.r., -s .` _.a;= 'ic.Gro'or e.. 0145C days. Kodiak Island Borough Post Office mm 1245 Kodiak, Alaska 99615 -) 3 �.\ This contract is between the Kodiak Island Borough, hereinafter Owner, and Brechan Enterprises , hereinafter rontmctnr: In consideration of the mutual covenants herein, the parties agree as follows: l' In accordance with Title 18, Real Property, of the Kodiak Island Borough Code, the Owner hereby grants to the Contractor the right to enter 'upon Tract B-3 , Bells Flats Alaska Subdivision, hereinafter premises, .which contains a total of approximately 20.07 acres, for the purpose of ' extracting, remanufacturing, and removing gravel resources. Z. Gravel Extraction. For the purposes of this contract, gravel extraction means the removal and transporting of gravel, and operationof all equipment and machinery required for and associated with extraction. J. Gravel Remanufacturing. For the purposes of this cnntmxt, gravel remanufacturing means crushing, screening, washing and the use of gravel in manufacturing processes to create road asphalt and concrete, and operation of all equipment and'maohinery required for and associated with remanufacturing. Contractor may not maintain on the premises any equipment or other material not related to gravel extraction or remanufacturing. 4. Term. The term of this contract is twenty (20) years, beginning on July l, 1982, and ending on June 30 2002, or until the gravel resource is extracted, whichever occurs first' The Contractor muY, if in full compliance with the provisions. of the development plan and the performance standards herein, request early termination of this contract by the Owner for the following reasons: A. Exhaustion of the gravel resource; or B. Lack of gravel which is economically feasible to extract; or C. Bankruptcy of the Contractor. ~'„ 2 �� `• • - • • - ,`• • •. • '� � �- ' ':otice of request for early termination shall be accomplished not less than ninety (90) days prior to contract anniversary date and in accordance with the provisions of Section 28 herein. 5. Option to Renew. This contract may he renewed for one -five (5) year period. Said option to renew can he requested by written notice to the Owner -not less than sixty (60) days prior to the expiration date specified in Section 4 above. 6. Annual Use Fee. An annual use fee will be paid to the Owner by the Contractor on each anniversary date occurring during the term'of the contract. The annual use fee for the tract of land described in Section 1 above is $ 5,000.00 June 24 and resulted from competitive public bidding on 982. No refund will be made to the Contractor for any portion of a year remaining if this contract is terminated or cancelled. 7. Royalty Rate. The Owner hereby establishes a royalty rate of S0.50 per cubic yard for materials excavated. In accordance with Section 18.60.050 of Borough Code, the Owner will review and establish on an annual basis, the minimum unit price for materials to be sold. The Contractor will reimburse the Owner for excavated materials upon receipt of a billing from the Owner, which shall be not less than annually during the term of the contract. Each new annual rate shall apply to the materials excavated during each twelve —month period established by Section 6. 8. Volume Determination. In accordance with Section 18.60.040 of the Borough Code, the Contractor shall bear the cost of volume determinations for excavated materials. The Owner may make additional volume measurements to verify the accuracy of the information provided by the Contractor. The Contractor's measurements will be submitted to the Owner on an annual basis and not less than thirty (30) days prior to the anniversary date of this contract.. All measurements shall be in units of cubic yards. 9. Development Plan. The Contractor shall accomplish gravel extraction in accordance'with all provisions of this contract and the develop - ment plan approved for Tracts 8 -1, 8-2, B- 3,.and 8 -4A, by the Owner, on March 4, 1982, a copy Of which is attached as Exhibit A. -2- • 'M 10. Performance Standards. The following perfer-:ance standards shall be met by the Contractor: a. Buffer Area. A buffer area two hundred (200) feet in width shall extend from all platted property lines or the banks of the Russian River to the edge of the gravel extraction area except as shown on Exhibit A. Not more than one hundred (100) feet shall be adjacent to the area-to be excavated. b. Overburden. Overburden shall be stripped, stockpiled, placed, • and levelled in the cleared portion of the designated buffer area to create a berm for the reduction of visual and noise impacts on nearby properties. tipon completion of excavation, the berm will be removed and spread evenly over cleared portions of the buffer area. c. Side Slopes. Two to one (2:1) side slopes or flatter, to water's edge, shall be accomplished prior to contract termination and shall begin at the excavation side of the designated buffer area. d. Minimum Extraction Depth. Gravel extraction shall be accomplished to a minimum depth of twenty -five (25) feet below grade. e. Brush Removal. All brush shall be removed from not less than two- thirds (2/3) of the property described in Section 1 above before any gravel is extracted. Brush shall be burned or removed from the premises and may not be placed in the excavated area or buffer area on the premises. f. Trees. No trees, stumps, or parts of trees shall be placed in the excavated area or buffer area on the premises. g. Access. Ingress and egress shall be limited to one point on Middle Bay Drive. 11. Hours of Operation. Hours of operation shall be limited to 6:00 a.m. to 10:00 p.m. daily. 12. Haul Road. For the purposes of this contract, the designated haul roads area are as follows :. a. From Tracts- B -1, B -2, B -3, and B -4A to Chiniak Road via Middle Bay Drive to Bells Flats Road, Bells Flats Road to Sargent Creek Road, and Sargent Creek Road to Chiniak Road. -3- b. From Chiniak Road to Tract 6 -1, 6-2, 6-3, and B -4A via Sargent Creek Road to .,iddle Say Drive and idid.,!le Bay Drive to Tracts 6 -1, 6 -2, 3 -3, and 5 -4A. c. Also included as a designated haul road is Uyak Drive fronting Block 3, Tract A, Bells Flats Alaska Subdivision. Temporary closure, by reason of emergency, or for repair or improvement,'shall not excuse perfor- mance by Contractor or create any liability for Owner. 13. Sneed Limit. Truck speed on the designated haul road shall be limited to twenty -five (25) miles per hour. 14. Performance Bond. A performance bond in the amount of ten thou- sand dollars (S10,000.00), payable to the Omer, shall .be obtained by the Contractor and renewed annually prior to the anniversary date of this contract. Failure to maintain said performance bond shall constitute default. 15. License. Contractor shall possess a valid State of Alaska contractor's license. Failure to possess said license shall constitute default. 16. Insurance Required. Throughout the term, at Contractor's sole cost and expense, Contractor shall keep or cause to be kept in force for the mutual benefit of Owner and Contractor, comprehensive broad form general public liability insurance against claims and liability for personal injury, death or property damage arising from the use, occupancy, disuse', or condi- tion of the premises, improvements, or adjoining areas or ways, providing protection of at least 5500,000.00 for bodily injury or death of any one person, at least 51,000,000.00 -for any one accident or occurrence, and at least S500,000.00 for property damage_ All insurance required by this contract shall be carried only by responsible insurance companies licensed to do business in the State of Alaska. All such policies shall be non - assessable and shall contain language to the effect that (1) any loss shall be payable notwithstanding any act or negligence of Owner that might otherwise result in a forfeiture of the insurance; (2) the insurer waives the right of subrogation against the Owner; (3) the policies are primary and noncontributing with any insurance that may be carried by Owner; and -4- (4) they cannot be cancelled or materially changed except after thirty (30) days notice by the insurer to Owner. Contractor shall furnish Owner with copies of all such policies promptly on receipt, or with certificates evidenc- ing the insurance. Before commencement of the contract, Contractor shall fur- nish Owner with binders representing all insurance required by this contract. If Contractor fails or refuses to procure or to maintain insurance as required by this contract, or fails or refuses to furnish Owner with required proof that the insurance has been procured and is in force and paid for, Owner may, at Owner's election and without notice, procure and maintain such - insurance, or may terminate this contract without liability by written notice to Contractor. Any premiums paid by Owner shall be treated as an added fee due from Contractor with interest at eight percnet (8%) per year, to be paid on the first day of the.month following the date on which the premiums were paid. Owner shall give prompt notice of the payment of such prerniums,stating the amounts paid and the names of the insurers, and interest shall run from the date of the notice. 17. Assignability. This contract cannot be assigned without the Owner's approval. 18. Review. Contract performance will be reviewed at least annually or as necessary by the Owner. 19. Improvements. At any time and from time to time during the term, Contractor may, but, except as providedin the development plan, is not obliged to construct or otherwise make new improvements on any part or all of the premises, to demolish, remove, replace, alter, relocate, reconstruct or add to any existing improvments in whole or part, and to modify or change the contour or grade, or both, of the land, provided Contractor is not then in default under any term or condition of this contract, .20. Removal of Improvements. Within ninety (90) days after expiration of this contract, Contractor shall at his expense, remove all • improvements, including fixtures. Any such improvements not so removed shall become the property of the Owner and may be sold at auction, leased as part of the premises, or otherwise disposed of, in any event without liability on . the part of the Owner. The Notice requirements of Section 28 herein apply to the Owner. -5- • 21. Indemnity. Contractor shall defend and indemnify Owner against any claims, liabilities, or losses of any type. arising out of performance pursuant to this contract together with reasonable attorney's fees and all costs and expenses incurred by Own in negotiating, settling, defending and otherwise protecting against such claims. In accordance with Section 28 herein, Owner shall promptly notify the Contractor .of any loss or claim, and shall tender defense of such claim to contractor prior to negotiating, settling, or defending such claim. 22. Maintenance. Throughout the term, Contractor shall at his sole cost and expense, maintain the premises and improvements in good condition and repair, and in accordance with all applicable laws, rules, ordinances, orders and regulations of Federal, State, Municipal and other, governmental agencies and bodies having or claiming jurisdiction and their respective departments and officials; and with the requirements of all insurance companies insuring all or part of the premises. 23. Owner Access. Owner shall have free access to the premises at all reasonable times for the purpose of inspecting the conditions - thereof in order to exercise any right or power reserved to Owner under the terms and provision of this contract. 24. Default. Each of the following events shall be a default by Contractor and a breach of this contract: a. Failure to make any payment-as provided in Sections 6 and 7 of this conract, or of any other sum required by this contract to be paid by the Contractor, or failure to perform as required or conditioned by any other covenant or condition of this contract. b. The subjection of any right or interest of Contractor to attachment, execution, or to seizure under legal process. c.. The appointment of a receiver to take possession of the improvements-or of Contractor's operation on the premises for any reason, including, but not limited to, assignment for benefit of creditors or voluntary bankruptcy proceedings. -6- • �'�t'"'sr•? =Y� +fir- �':~.�.::- �.• -?,: =„ `��' =�='^- ■ d. r assignment by Contractor for the benefit of creditors orthe fiing of a voluntary or involuntray petition by or against Contractor oncer any law for the purpose of adjudicating Contractor a bankrupt; or for extending time for payment, adjustment or satisfaction of contractor's liabilities; or for reorganization, dissolution, or arrangment on accountof, or to prevent bankruptycy or insolvency. e. The failure of the contractor to occupy the land or to perform according to the terms of this contract within twelve months of the execution of this contract, or failure within any two (2) year period to extract, pro - cess, and remove a substantial quantity of gravel from the premises. If the alleged default is non - payment of annual use fee, . royalty rate or other sums. to be paid by contractor under this contract, Contractor shall have ten (10) days after notice is given to cure the default. For any other default, contractor shall promptly and diligently, after the notice, commence during the default and shall have thirty (30) days after notice is given to complete the cure. 25. Owner's Remedies on Default. If any alleged default by Contractor. remains uncured after notice and the. period for cure allowed under this contract, Owner has the following remedies in addition to all other rights and remedies provided by law or equity, to which Owner may resort cumulatively or in the alternative: a. Owner may at Owner's election terminate this contract by giving notice of termination. On the giving of the notice, all Contractor's rights in the premises and in all improvements shall terminate. Promptly after notice of termination, Contractor shall surrender and vacate the premises and all other improvements in good condition, and Owner may.re- enter . and take possession of the premises and all remaining improvements and eject all parties in possession, or eject some and not others or eject none. b. If this agreement is referred by Owner to an attorney upon any default by Contractor, Contractor shall pay Owner the latter's reasonable attorney fees, regardlesss of whether or not:any suit or action in commenced. -7- 26. ..on- Waiver. No failure on the part of the Owner to enforce , any covenant or provision herein contained, nor any waiver of any right hereunder by the Owner shall discharge or invalidate such covenants or affect the right of the Omer to enforce same'in the .event of any .subsequent breach or default. - 27. Construction. The obligations of the undersigned parties are joint and several, and wherever the context hereof so admits or requires, the singular shall include the plural. The covenants, terms and conditions of this agreement shall extend to and be binding upon and insure to the benefit of the heirs, executors, administrators,and assigns of.the parties hereto. 28. .Notice. Any notice provided for hereunder shall be given , in writing and transmitted by-personal delivery or prepaid first class mail addressed as 'follows: Owner Contractor Borough Manager Kodiak Island Borough P. 0. Box 1246- ' Kodiak, Alaska 99615 Mr. Mike Brechan Brechan Enterprises Box 1275, Kodiak,. Alaska 99615 or to such other persons or addresses as Owner or Contractor may from time to time designate in writing. 29. Violation of Law. Any provision of this contract in violation of any law or Ordinance shall not invalidate this contract, and any unlawful provision shall be deemed separate and apart from all other provisions herein and stricken from this contract. The parties shall attempt to prepare a mutually acceptable substitute provision for any provision stricken from this contract due to illegality, and shall subsequently incorporate the substituted provision by a written modification of this contract. All remaining terms and provision shall remain in full force and effect as though the stricken provi- sions had never appeared in this contract. Each provision of this contract shall be valid and enforced to the fullest extent permitted by law. -8- `_~ Neither portx,shall be required to indemnify the other for any damages or losses resulting from a determination that a contract provision is unlawful. 30. Venue. Any civil action arising from this contract shall be brought in the Superior Court, Third Judicial District, for the State of Alaska in Kodiak . The low of the State of Alaska `hall govern the rights and duties ofthe parties under this contract. 31. Amendment. The parties may amend this contract only by Written agreement, which shall be attached as an appendix hereto. In Witness Whereof the parties have executed this contract on the • 7*` day of , 1982. - " ` .. STATE OF ALASKA ss THIRD JIJDICIAL DISTRICT OWNER Kodiak Island Borough The foregoing 1nstrpment.:as acknowledged before me this ,day of �v�� , l93� by �z�9` �> �� -^�' ^�—�—' STATE OF ALASKA THIRD JUDICIAL DISTRICT ' /o ) mw • • • -.��.�� '^- The foregoing inst fnre me this 7117 of j . l9&D.. by h�xz�x�^ an Alaska Curponntion, on otllr of the corporation. *'ft:u.�"~`•/* %|a�ka r�t ss�` ' �L� \��` _ !` n^—' ) - ^•' __^� �--�'• -' 6), .1' a \ ,S' A CA 19'7 z •■ % „-- . . / \„... 6.47-11,4-- -114 Di A c /f<c-4.4„ ..-,..rof \ C 7.,,,,,I, ,-,,r,_. - 0* \. ,,,, .(>*e/.i'„ ) 1 - ,f.. \ ' • 'llr'• PI“? C / \ -1” / \ , 1 \ - \ i R. / // EYAIIBIT