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AC No. 1991-03Hgi-D3 AGREEMENT tj THIS AGREEMENT made this day of April, 1991, between CORY BAKER, of 4122 Cliffside Road, Kodiak, Alaska 99615, hereinafter "Baker" and KODIAK ISLAND BOROUGH, of 710 Mill Bay Road, Kodiak, Alaska 99615, hereinafter 'Borough". 1. Recordation of Plat. The Borough agrees that the plat which is designated case S-91-002, reflecting the subdivision of Lot 8A, Block 1, Miller Point Alaska Subdivision Second Addition and the replat to Lots 8A-1 and 8A- 2, Block 1, Miller Point Alaska Subdivision Second Addition, Kodiak Recording District, Third Judicial District, State of Alaska, hereinafter "Subdivision", may be recorded with the District Recorder. 2. Removal of Improvements. Baker agrees to comply fully with the conditions and modifications set forth as a prerequisite for the approval of the Subdivision by the Kodiak Island Borough in its correspondence dated April 15, 1991. A copy of the correspondence stating the conditions and modifications is attached hereto as Exhibit "A", and incorporated herein by reference. Baker shall comply with all conditions of plat approval on or before 3 C3 '1991. 3. Performance Bond. Baker shall execute and deliver to the Kodiak Island Borough a performance bond which assures fulfillment of all covenants and conditions of this agreement. Baker represents that the cost of removing the improvements and compliance with the conditions required under paragraph 2 above is no more than $ to s-0 0 4. Choice of Law. This agreement shall be governed by and construed under the laws of the State of Alaska. AGREEMENT Page 1 of 4 5. Independent Covenants. Each and every covenant in this agreement is independent of the other and the breach of a single covenant herein constitutes a breach of this agreement. The waiver of any breach or condition of this agreement by the Borough does not constitute a waiver of any other portion hereof or of any subsequent breach of the same condition or covenant. 6. Successors in Interest. This agreement shall be binding upon and inure to the benefit of the heirs, assigns, successors in interest, and the personal representatives of the parties hereto. 7. Modifications. No change or modification of this agreement shall be valid unless the same be in writing and signed by the parties hereto. 8. Entire Agreement. This writing constitutes the entire agreement of the parties, and the parties hereby adopt this writing as the complete and final expression of their agreement. The parties further agree that oral or written evidence of prior or contemporaneous negotiations may not be offered for the purpose of adding to or varying the terms of this writing; provided, however, that all exhibits attached hereto shall be regarded as incorporated herein and made a part of this writing. 9. Attorney's Fees. In the event any action is filed in relation to this agreement, the prevailing party shall recover, in addition to the costs and disbursements provided by statute, a reasonable sum as attorney's fees. 10. Invalid Provision. The invalidity or unenforceability of any particular provision of this agreement shall not affect the other provisions hereof, and this agreement shall not affect the other provisions hereof, and this AGREEMENT Page 2 of 4 agreement shall be construed in all respects as if such invalid or unenforceable provision was omitted. 11. Headings. The headings of paragraphs of this agreement are inserted for convenience only and shall not constitute a part hereof. 12. Notices. Any notice shall be given by mailing the same to each of the parties at the address set forth in this agreement, or at such other address as the parties may in writing hereafter designate. IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written. Address: 4122 Cliffside Road Kodiak, AK 99615 STATE OF ALASKA )ss: THIRD JUDICIAL DISTRICT BAKER THIS IS TO CERTIFY that on the - day of April, 1991, before me, the undersigned, a Notary Public in and for the State of Alaska, duly commissioned and sworn as such, personally appeared CORY BAKER, to me known and known to me to be the individual who executed the within Agreement and acknowledged to me that the same was signed freely and voluntarily for the uses and purposes therein contained. WITNESS my hand and notarial seal the day and -year first above written. Notary Public in and for Alas My Commission Expires /'0 y3 �(/%hi. AGREEMENT Page 3 of 4 Address: 710 Mill Bay Road Kodiak, AK 99615 STATE OF ALASKA THIRD JUDICIAL DISTRICT z KODIAK ISLAND BOROUGH )ss: Mayor THIS IS TO CERTIFY that on the Q3 of April, 1991, before me, the undersigned, a Notary Public in and for the State of Alaska, duly commissioned and sworn, personally appeared /-in /,z z - Frc g.4 , to me known and known to me to be the identical individual described in and who executed the within and foregoing instrument as Mayor of the Kodiak Island Borough and he acknowledged to me that he signed the same in the name of and for and on behalf of said municipality, freely and voluntarily and by authority of its Assembly for the uses and purposes therein mentioned. WITNESS my hand and notarial seal the day and year first above written. Notary Public in and for 41#ska My Commission Expires 9 AGREEMENT Page 4 of 4 Kodiak Island Borough 710 MILL BAY ROAD ^" KODIAK, ALASKA 99615.6340 PHONE (907) 486-5736 April 15, 1991 Cory Baker 4122 Cllffside Road Kodiak, Alaska 99615 Re: Case 8-91-002. ABBREVIATED PLAT PROCEDURE Subdivision of Lot 8A, Block 1, Miller Point Alaska Subdivision Second Addition, creating Lot 8A-1 and SA -2, Block 1, Miller Point Alaska Subdivision, Second Addition. Dear Mr. Baker: The final plat you submitted for the subdivision referenced above has been processed and is hereby approved, subject to documentation of the following requirement: 1. In order to meet the requirements of Title 17 (Zoning) of the Borough Code, the accessory building located over the new lot line proposed on this plat must be relocated to a legal location in accordance with the note on the preliminary plat, or, a suitable subdivision agreement must be approved by the Borough prior to filing the final plat. Staff has determined that after compliance with the above condition, the plat you submitted will meet all of the requirements of Chapter 16.50 (Final Plat) of the Borough Code. When these conditions have been met, please instruct your surveyor to complete the final plat and submit the appropriate number of copies to this office. We will process the plat for filing once it has been signed by all owners of the property, as indicated in the certificate to plat, and signed by an authorized representative of the Alaska Department of Environmental Conservation. It is your responsibility to obtain these signatures. Page Two Cory Baker April 15, 1991 Please be advised that property taxes are due and payable when billed. Your final plat will not be recorded until any applicable taxes due have been paid in full. If property taxes have already been paid in full then please disregard this notice. A decision of the Community Development Department is final unless appealed to the Planning and Zoning Commission within ten (10) working days of receipt of this notice. If you have any questions regarding the action taken on this final plat, please contact this office at 486-5736, extension 255. Sincerely, Duane Dvorak, Associate Planner Community Development Department cc: Ecklund Surveying A cc �� aof2 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS that, Cory Baker, of 4122 Cliffside Road, Kodiak, AK 99615, as Principal and Surety, is held and firmly bound unto the Kodiak Island Borough, hereinafter "Borough", 710 Mill Bay Road, Kodiak, AK 99615, in the penal sum of $ /t lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns jointly and severally firmly by these presents. The Principal has entered into a certain written agreement with the Kodiak Island Borough, hereinafter "Agreement', for the removal of certain improvements, with respect to the subdivision of Lot 84, Block 1, Miller Point Alaska Subdivision Second Addition, and replat to Lots 8A-1 and 8A-2, Block 1, Miller Point Alaska Subdivision Second Addition, Kodiak Recording District, Third Judicial District, State of Alaska, hereinafter "Subdivision", requiring the modification set forth as a prerequisite for the approval of the subdivision by the Kodiak Island Borough in its correspondence, dated April 15, 1991, the above-named Surety being thoroughly familiar with said agreement and all its terms and conditions and all of the drawings and specifications and general conditions that are made a part hereof. Now, therefore, the condition of this obligation is such that if the Principal shall promptly complete the Agreement and not otherwise be declared by the Borough to be in default under the Agreement, then this obligation shall be void: otherwise, it shall remain in full force and effect. This bond shall be secured by a cash deposit, described as follows: deposited with the Kodiak Island Borough Finance Department. The above-named Principal and Surety hereby jointly and severely agree with the Borough that whenever the Principal shall be declared by the Borough to be in default under the Agreement, the Borough may remedy the default or shall promptly: (a) Complete the Agreement in accordance with its terms and conditions, or (b) Obtain a bid or bids for completion of the Agreement in accordance with its terms and conditions and upon determination by the Kodiak Island Borough and the Surety of the lowest responsible bidder, arrange for a contract between such bidder and the Kodiak Island Borough; the Surety shall make available, as work progresses, sufficient funds to pay the cost of completion, including all other costs and damages of the Borough which may be occasioned by said default. l� WITNESS WHEREOF, the undersigned have executed this Agreement this day of April, 1991. PRINCIPAL AND SURETY By: <L Co Baker STATE OF ALASKA ) )ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on the day of April, 1991, before me, the undersigned, a Notary Public in and for the State of Alaska, duly commissioned and sworn, personally appeared CORY BAKER, to me known and known to me to be the identical individual described in and who executed the within and foregoing instrument and he acknowledged to me that he signed the same freely and voluntarily as a free and voluntary act, with full knowledge of its contents, for the uses and purposes therein mentioned. GIVEN UNDER MY HAND official seal th day and year last above written. Notary Pub i in and for Alaska My Com ion Expires: � 7 /'� - CASH RECEIPT - p ,Kodiak? Is Bonoug... ;-1 710 UPPER MILL BAY ROAD 18304 " v F KODIAK, ALASKA 99615.6340 rTPHONE (,90077) 46.5706 RECEIVED . r N / ` ��K FROM / e %— DATE 799 /I/nn /'_ P9 /7 -000-101-10-00 010-000- 105-01 -00 CASH PROPERTY TAX, REAL 010-000- 105-06-00 PROPERTY TAX, PERSONAL 010-000- 111 -61 -00 PROPERTY TAX, LIENS 010-000- 107- -00 PERSONAL TAX, LIENS 040 - 000 - 371 - 11 -00 LAND SALE, PRINCIPAL 040 - 000 - 371 - 12 -00 010 - 000 - 368 - 51 -00 LAND SALE, INTEREST SALE OF COPIES 010 - 000 - 322 - 11 -00 BUILDING PERMIT 010 - 000 - 319 - 10 - 00 010 - 000 - 199 - 99 - 00 PENALTIES, INTEREST CLEARING PER ATTACHED L CONDITIONS OF CHECK PAYMENTS PAYMENTS TENDERED BY CHECK MR OBLIGATIONS DUE TO TOTAL ► THE BOROUGH ARE SATISFIED ONLY UPON THE CHECK BEING PAYMENT MADE BY HONORED. RETURNED CHECKS MR ANY REASON RESTORES THE OBLIGATION AS UNPAID AND SUBJECTS THE PAYER TO ANY CHARGES, FEES OR OTHER LEGAL CHECK NO. % b UABIUTIES AS MAY BE MpUCABLE. �) %� %JK n^ ❑ CASH UEEIRR— lJA' �+ OTHER_._. OIL PAYOR - FMObsN615 ( POST OFFICE BOX 3707 KODIAK, ALASKA 99615 April 22, 1991 Kr. Corey Baker 4122 Cli££side Drive Kodiak, AK 99615 Re: Demolition of Building Dear Corey: (907) 487-4400 FAX: (907) 487-2185 The following is our proposal to demolish and remove 30' X 30' building on your property. The proposal assumes that: 1. You will salvage any of the materials that you want to keep prior to our arrival on site. 2. You will remove any shingles or hazardous materials prior to our arrival. 3. We will collapse the building and burn it in place and haul away what ever is left. The price for the above described work is 51,500.00. Let me know if we can be of service. 5'ncerely, n James H. GrahamPresident. • Utility Construction • Heavy & Highway Construction • Heavy Equipment Rental • Site Preparation • Sand & Gravel