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FY2003-06 Natives of Kodiak2003-001251-0 Recording Dist: 303 - Kodiak A C�ZWi-t'G THIS COVER SHEET HAS BEEN ADDED TO THIS DOCUMENT TO PROVIDE SPACE FOR RECORDING DATA. THIS COVER SHEET APPEARS AS THE FIRST PAGE OF THE DOCUMENT IN THE OFFICIAL PUBLIC RECORD. DO NOT DETACH AGREEMENT Between: Natives of Kodiak, Inc. and Kodiak Island Borough THIS AGREEMENT is made this _/67 day of d , 2003, by and between Natives of Kodiak, Inc., Owner, of 215 Mission Road, Suite 201, Kodiak, Alaska 99615, hereinafter "NOK" and Kodiak Island Borough, of 710 Mill Bay Road, Kodiak, Alaska 99615, hereinafter "Borough". The parties agree that: 1. Recordation of Plat. Pursuant to K.I.B.C. 16.50.01OB, the Borough agrees the final plat of Tract 1 of Lot 1, US Survey 5696 for Spruce Cape Subdivision, Phase 1, may be recorded before the completion of the requirements of K.I.B.C. 16.70. 2. Construction of Improvements. NOK agrees to construct and install in the Spruce Cape Subdivision the improvements detailed in the contract documents, including plans, specifications, and addendums prepared by KOMAN, Inc. and USKH, Inc., dated November 12, 2002. Specifically, work covered under this Agreement shall be limited to work encompassed by the design's Base Bid. None of the design's additive alternates are covered under this Agreement. In addition, NOK also agrees that substantial completion of the work shall be completed by December 1, 2003. All work will be done following the Borough standards. Exhibit A includes the project's plans, specifications, and addendums. 3. Performance Bond. NOK shall execute and deliver to the Borough a performance bond in the form attached hereto as Exhibit B which assures fulfillment of all covenants and conditions of this agreement, which bond shall be secured by an Escrow Agreement in the form attached hereto as Exhibit C. NOK represents that it is the sole owner of the funds deposited in the escrow. NOK further represents that its best estimate of the cost of constructing the improvements required under paragraph 2 above, is no more than $ /f /g 2.j�/a. Z,5 4. Choice of Law. This agreement shall be governed by and construed under the laws of the State of Alaska. 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 AGREEMENT (Between Natives of Kodiak, Inc. and Kodiak Island Borough) 00276.042:Agreement Page 1 of 3 1111111111111111111111111111111 Borough does not constitute 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 statue, 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 hereto, and this agreement shall be construed in all respects as if such invalid or unenforceable provisions 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 t>eda 10 year first above written. �O� NATIVES OF KODIAK, INC. KODIAK ISLAND By: By: C" Anthony DjAbek, President Its: Asr tidy ' Q / ''`� 91�sKA ♦qb� r©cc 6Cele �t AGREEMENT Page 2 of 3 (Between Natives of Kodiak, Inc. and Kodiak Island Borough) 00276.042:AgreementIIIIIIIIIIII IIIIIIIIIIIIIIIII 3 of 4 2003-001261-0 ACKNOWLEDGMENTS STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) The foregoing instrument was acknowledged before me this /! day of 2003, by Anthony Drabek, in his capacity as President of Natives of Kodiak, Irk. rIOTARy PUBLIC ��� otary Public in an for the State of Alaska My commission expires: /a -22 -2W 3 STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT -77 ) The foregoing instrument was acknowledged before me this day of 2003, by pill d q,Q,.SaA) , in his/her capacity as for the Kodiak Island Borough. 140TAR Y —.— PUBLIC h ary Public in an for the State of Alaska commission expires: /p7 -e22 - 2o03 AGREEMENT (Between Natives of Kodiak, Inc. and Kodiak Island Borough) 00276.042:Agreement Page 3 of 3 2003-001261-0 PERFORMANCE BOND C - 03'0(0 C( O(D pIry, o�)q►nil KNOW ALL MEN BY PRESENTS that, Natives of Kodiak, Inc., Owner and Surety, of 215 Mission Road, Suite 201, Kodiak, Alaska 99615, is held and firmly bound unto the Kodiak Island Borough, hereinafter "Borough", of 710 Mill Bay Road, Kodiak, Alaska 99615, in the penal sum of $ /• 112-/Y/ o, IV - , lawful money of the United States of America, for the payment of which sum well and truly to be made, binds itself, its heirs, executors, administrators, successors and assigns jointly and severally firmly by these presents. The Owner has entered into a certain written agreement with the Borough, hereinafter "Agreement", for the construction of certain subdivision improvements required by Kodiak Island Borough Code Chapter 16.70 and the compliance with certain conditions imposed by the Kodiak Island Borough Planning and Zoning Commission in correspondence dated I y , 2003. Specifically, the Owner has agreed to construct the improvements described in Exhibit A respecting Tract 1 of Lot 1, US Survey 5696, Kodiak Recording District, Third Judicial District, State of Alaska for Spruce Cape Subdivision, Phase I, hereinafter "Subdivision." Now, therefore, the condition of this obligation is such that if the Owner shall promptly complete the improvements described in 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. The bond shall be secured funds deposited in an escrow under an Escrow Agreement of even date. The above-named Owner/Surety hereby agrees with the Borough that whenever the Owner shall be declared by the Borough to be in default under the Agreement, the Surety may promptly remedy the default or shall promptly: (a) Complete the Agreement in accordance with its terms and conditions or, the Agreement in accordance with its terms of upon determination_ by the Borough and the Surety of the lowest responsible bidder, arrange for a contract between such bidder and the Borough and 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. PERFORMANCE BOND (Natives of Kodiak, Inc.) 00276.042:PerformanceBond Page 1 of 2 IN WITNESS WHEREOF, the undersigned has executed this Agreement this q day of ��A , 2003. OWNER/SURETY NATIVES OF KODIAK, INC. Anthony lWabek, President ACKNOWLEDGMENT STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) The foregoing instrument was acknowledged before me this day of 2003, by Anthony Drabek, in his capacity as President of Natives of K diak, Inc. gifA otary Public in i2 or the State of Alaska My commission expires: 42-,22-2vo3 NOTARY PUBLIC PERFORMANCE BOND (Natives of Kodiak, Inc.) 00276.042:PerformanceBond Page 2 of 2 Escrow Agreement This agreement is made between Natives of Kodiak, Inc. ("NOK"), the Kodiak Island Borough (`Borough") and Union Bank of California ("Escrow Agent"). Whereas, NOK and the Borough have entered into an Agreement dated 2003 (the "Subdivision Agreement") and NOK has provided a Performance Bond dated / q , 2003 by which NOK has committed to complete certain improvements required by KIBC 16.70 regarding the Spruce Cape Subdivision. Whereas, NOK wishes to post certain funds to secure and pay for the performance of its obligations to complete the improvements required by the Subdivision Agreement. Therefore, NOK, the Borough and Escrow Agent agree as follows: 1. Escrow of Funds. Upon execution of this agreement, NOK shall deposit with Escrow Agent $ /, / 9 2, 2. Pledge of Escrowed Funds. All amounts from time to time held by Escrow Agent shall be pledged to the Escrow Agent as collateral agent for the Borough to secure the completion of the improvements required by the Subdivision Agreement and Performance Bond. This arrangement constitutes a custodial pledge for the benefit of the Borough to secure the completion of the improvements required by the Subdivision Agreement and Performance Bond. No amounts held by the Escrow Agent pursuant to this agreement shall be subject to any right or claim of any creditor of Escrow Agent or NOK, other than the Borough upon the terms set forth in this Agreement. NOK hereby grants a security interest to Escrow Agent, as collateral agent for the benefit of the Borough, in all funds and investments held by the Escrow Agent as security for completion of the improvements required by the Subdivision Agreement and Performance Bond. All amounts from time to time held by the Escrow Agent shall be subject to the "control" (having the meaning as defined in Section 8-106 and 9-104 of the Uniform Commercial Code) of the Escrow Agent in its capacity as collateral agent for the Borough. 3. Investment of Escrowed Funds. Escrow Agent shall invest the escrowed fiends as_directed b NO in money-- market_fitnds rated at least RRRm by Standard and o California, Escrow Agent for Natives of Kodiak, Inc" and shall be under NOK's taxpayer - i entifi-- -1- Escrow Agreement 00276.042:022503 M 4. Release of Escrowed Funds to Borough. From time to time the Borough may deliver to NOK written notice that work to be performed by NOK pursuant to the Subdivision Agreement has not been performed. If NOK fails to begin corrective work within ten days or provide other assurance of performance that is acceptable to the Borough, the Borough may deliver a demand for payment to Escrow Agent, with a copy to NOK. Upon receiving the demand, Escrow Agent shall pay to the Borough the amount demanded. The release of funds to the Borough shall be without prejudice to the Borough's and NOK's rights, remedies and obligations under the Subdivision Agreement, Performance Bond, other agreements and applicable law. 5. Partial Releases of Escrowed Funds to NOK. From time to time NOK may submit to the Escrow Agent, with a copy to the Borough, copies of invoices from NOK's contractor for work performed and costs incurred to complete the improvements required by the Subdivision Agreement and Performance Bond, together with a certificate by an Alaska registered engineer that the invoiced work has been performed and the amount invoiced is owed and an estimate by the engineer of the cost to complete the improvements required by the Subdivision Agreement and Performance Bond. Unless the Borough delivers written notice disapproving payment within three business days after receiving the invoices and certificate, Escrow Agent shall pay to NOK the amount of the invoices or such lesser amount as NOK may request, provided that the amount remaining in the escrow after the payment is at least 110% of the engineer's estimate of the cost to complete the improvements required by the Subdivision Agreement. The release of funds to NOK shall be without prejudice to the Borough's and NOK's rights, remedies and obligations under the Subdivision Agreement, Performance Bond, other agreements and applicable law. 6. Termination of Escrow. Upon NOK completing the improvements required by the Subdivision Agreement and Performance Bond, NOK and the Borough jointly shall deliver a written notice of completion to Escrow Agent. Upon receipt of the notice, the escrow shall terminate and Escrow Agent shall turn over to NOK all cash and investments held in the escrow. 7. Escrow Agent Fees and Costs. NOK shall pay all fees and costs charged by Escrow Agent 8. Escrow Agent's Rights and Duties. Except as otherwise provided in this (a) Escrow Agent shall be obligated to perform only the duties that are expressly set forth m is agreemen . n case of -conflicting on a scrow Agent, the Escrow Agent may (i) refuse to comply with such demands and make no disbursement of funds until NOK and the Borough notify the Escrow Agent that the conflicting demands have been resolved or a court or arbitrator issues a final decision resolving the conflict, or (ii) interplead the escrow funds with the Superior Court of the -2- Escrow Agreement 00276.042:022503 State of Alaska. The Escrow Agent shall have no obligation to take any legal action in connection with this Agreement or its enforcement, or to appear in, prosecute or defend any action relating to the escrow. (b) The Escrow Agent shall act with honesty in fact and shall exercise such of the rights and powers vested in it by this Agreement using the same degree of care and skill as a fiduciary would exercise or use in connection with the care and control of another person's funds. (c) The Escrow Agent, in the absence of its own negligent acts or omission, may rely and shall be protected in acting or refraining from acting upon any notice, request, direction, consent, or other document believed by it to be genuine and to have been signed or presented by the proper party or parties. (d) The Escrow Agent may consult with counsel, and the written advice of such counsel shall be full and complete authorization and protection in respect of any action taken, suffered, or omitted by it based on the Escrow Agent's good faith action in reliance on such written advice and provided the Escrow Agent has no knowledge to the contrary. (e) The Escrow Agent shall not be bound to make any investigation into the facts or matters stated in any notice, request, direction, consent, or other document, but the Escrow Agent, in its discretion, may make such further inquiry or investigation into such facts or matters as it may see fit. 9. Audit. NOK and the Borough each shall have the right, at its own expense, from time to time during normal business hours to audit the Escrow Agent's books and records related to this Agreement. 10. Resignation and Removal; Appointment of Successor. (a) The Escrow Agent may resign at any time by giving written notice to NOK and the Borough. The Escrow Agent may be removed at any time by an instrument in writing executed by NOK and the Borough. If the Escrow Agent resigns or is removed, NOK and the Borough shall promptly appoint a successor Escrow Agent (b) No resignation or removal of the Escrow Agent and no appointment of a accepted its appointment and both NOK and the Borough have accepted the successor . t 1 1 • i _ l Tl1T7 _ -- -1 1L _ Borough an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Escrow Agent shall become effective and such successor Escrow Agent, without any further act, deed, or conveyance, shall become vested with all the rights, powers, trusts, and duties of the retiring Escrow Agent, and such retiring Escrow -3- Escrow Agreement 00276.042:022503 Agent shall, execute and deliver an instrument transferring to such successor Escrow Agent all the rights, powers, and trusts of the retiring Escrow Agent, and shall assign, transfer, and deliver to such successor Eserow Agent all property and money held by such retiring Escrow Agent. 11. Indemnification. NOK agrees to hold the Escrow Agent harmless and to defend the Escrow Agent against any claims, causes of action or damages arising out of any claim by any person against the Escrow Agent relating in any way to or in connection with Escrow Agent's performance pursuant to this Agreement, and to reimburse Escrow Agent for any fees and expenses, including reasonable attorneys' fees, incurred by Escrow Agent in defending itself against such claims or causes of action and against payment of such damages. Any amounts expended by the Escrow Agent to which this indemnification shall apply shall be promptly paid upon demand. This right of the Escrow Agent to indemnification shall not apply to claims, causes of action, or damages relating to conduct of the Escrow Agent that resulted from the willful misconduct, negligence, or breach of duty by the Escrow Agent, its officers, agents or employees, in the performance of its duties under this Agreement. The right of the Escrow Agent to indemnification pursuant to this Agreement shall survive its resignation or removal as Escrow Agent, the completion of the improvements required by the Subdivision Agreement, and the termination of this Agreement. 12. Time of Essence. Time is of the essence in the performance of this Agreement. 13. Third Party Beneficiaries. This Agreement is solely for the benefit of the Borough, NOK and Escrow Agent. There are no third party beneficiaries of this Agreement. 14. Binding Effect and Assignment. This Agreement shall be binding upon and inure to the benefit of NOK, the Borough and the Escrow Agent and their respective successors and assigns. If NOK or the Borough assign all or a portion of its rights under this Agreement, it shall cause the assignee to execute an instrument agreeing to the terms and conditions of this Agreement. Escrow Agent many not assign its rights or duties under this Agreement. 15. Notices. All notices and other communications between the parties regpectin-g- this -escrow -shall bb�n_yyriting -- 16. Entire Agreement; Amendment; Waiver. This is the final, complete -- agreement of -the -parties -parties respec hng tunds--to-secure completiOnil of e- - improvements required by the Subdivision Agreement. Any agreement, understanding or representation not set forth in this Agreement shall be void. No amendment or waiver of any provision of this Agreement, nor consent to any departure therefrom, shall in any event be effective unless in writing and signed by all parties. No delay on the part of any Escrow Agreement 00276.042:022503 of any party in exercising any right or remedy shall operate as a waiver or such right or remedy, nor shall any single or partial exercise of any right or remedy preclude other or future exercise or the exercise of any other right or remedy. Date: Aw(f' j 99 yuo3 Date: r( oxs t I�aW3 Natives of Kodiak, Inc. Anthony Dra6ek, President Kodiak Island Borough Pat Carlson Actin City Union Bank of California 14 Date: ob Adam n s, Vice President -5- ,SrgAND Escrow Agreement 00276.042:022503 NATIVES OF KODIAK SPRUCE CAPE SUBDIVISION BID TABULATIONS Bid Opening Date: January 13; 2003 4SE BID -PHASE 1 ANDERSON CONSTRUCTION BRECHAN ENTERPRISES CHENEGA MANAGEMENTENGINEER'S ESTIMATE em No. Sec. No. Pay Item Pay Unit Quantity Unit Bid Price Amount Bid Unit Bid Price Amount Bid Unit Bid Price Amount Bid Unit id Price Amount Bid A - 1 202 (5) CLEARING AND GRUBBING ACRE 4.5 $ 3,680.00 $ 16 560.00 $ 2,500.00 $ 11,250.00 $ 19,200.00 $ 86,400. 0 $ 10,000.00 $ 45,000.00 A - 2 203 (2) UNCLASSIFIED EXCAVATION CUBIC YARD 6,015 ' $ 6.00 $ 36 090.00 $ 10.00 $ 60,150.00. $ 8.40 $ 50,526. $ 8.00 $ 48,120.00 A-3 1 2034 ROCK EXCAVATION CUBIC YARD 1 3,155 $ 1.00 $ 3155.00 $ 1.00 $ 3,155.00 $ 19.50 $ 61,522. $ 10.00 $ 31,550.00 N - 4 203 10 TRENCH BLASTING LINEAR FOOT 3,795 $ 18.00 $ 68,310.00 $ 8.00 $ 30,360.00 $ 32.00 $ 121,440.13 $ 15.00 $ 56,925.00 A - 5 204 II CLASSIFIED MATERIAL, TYPE II CUBIC YARD 4,965 1 $ 12.00 $ .59,580.00 $ 13.50 $ 67,027.50 $ 29.00 $ 143,985.0 3 $ 7.50 $ 37,237.50 A - 6 20401-A) CLASSIFIED MATERIAL, TYPE II -A CUBIC YARD 1,464 $ 24.00 $ 35 136.00 1 $ 18.00 $ 26,352.00 $ 38.00 $ 55,632.113 $ 7.50 1 $ 10,980.00 A - 7 204 11-A CLASSIFIED MATERIAL, TYPE C CUBIC YARD 6,112 $ 10.50 $ 64,176.00 $ 13.50 $ 82,512.00 $ 10.50 $ 64,176., $ 5.00 $ 30,560.00 A - 8 205 (3) LEVELING COURSE SQUARE YAR 8,816 $ 4.80 $ 42,316.80 $ 2.50 $ 22,040.00 $ 5.50 $ 48,488. D 3 $ 9.00 $ 79,344.00 A - 9 206(l) TRENCH EXCAVATION AND BACKFILL LINEAR FOOT 6,325 $ 17.00 $ 107 525.00 $ 10.001$ 63,250.00 $ 1.60 $ 10.120.Q31$ 65.00 $ 411,125.00 A - 10 207(l) REMOVAL OF STRUCTURES AND OBSTRUCTIONS LUMP SUM 1 $ 2,000.00 $ 2,000.00 $ 5,000.00 $ 5,000.00 $ 3,600.00 $ 3,600. $ 30,000.00 $ 30,000.00 A - 11 209(l) EROSION AND POLLUTION CONTROL ADMINISTRATION LUMP SUM 1 $ 2,500.00 $ 2,500.00 $ 5,000.00 $ 5,000.00 $ 14,000.00 $ 14,000. $ 33,434.32 $ 33 434.32 k-12 405 1 REMOVE AND REPLACE EXISTING ASPHALT SURFACING SQUARE YARD 384 $ 48.00 $ 18,.432.00 $ 25.00 $ 9,600.00 $ 29.00 $ 11,136. $ 35.00 $ 13,440.00 A-13 502 1 FURNISH AND INSTALL 8" SEWER MAIN LINEAR FOOT 2,924 $ 30.00 $ 87,720.00 $ 60.00 $ 175 440.00 $ 49.50 $ 144,738.00 1 $ 19.00 $ 55,556.00 N-14 503 1 CONSTRUCT SANITARY SEWER MANHOLE TYPE A EACH 17 $ 4,300.00 $ 73,100.00 $ 3,500.00 $ 59,500.00 $ 5 700-00$ I 96,900. $ 4,000.00 $ 68,000.00 N- 15 504(l) CONNECTIONS TO EXISTING MANHOLE EACH 1 $ 3.000.00 $ 3,000.00 $ 1,000.00 $ 1,000.00 $ 700.00 $ 700. $ 1,000.00 $ 1,000.00 4_lf 508 (4) SEWER SERVICE 4" EACH 41 $' 1,000.00 $ 41 000.00 $ 1,500.00 $ 61,500.00 $ 2,200.00 I $ 90,200. 03 $ 1,200.00 $ 49,200.00 N- 17 511(2.5) FURNISH AND INSTALL 2.5 -INCH HDPE SDR 17 FORCE MAIN LINEAR FOOT 1 790 $ 11.00 $ 8,690.00 $ 7.00 $ 5,530.00 $ 40.00 $ 31,600. $ 10.00 $ 7,900.00 4 - 18 511 (4) FURNISH AND INSTALL 4 -INCH HDPE SDR 17 FORCE MAIN LINEAR FOOT 685 $ 17.50 $ 11,987.50 $ 12.00 $ 8,220.00. $ 50.00 $ 34,250. $ 12.00 $ 8,220.00 4 - 19 512(l) CONSTRUCT PUMP STATION LS -1 LUMP SUM 1 $ 97,000.00 $ 97,000.00 $ 120,000.00 $ 120,000.00 $ 88,600.00 $ 88,600. $ 135,000.00 $ 135,000.00 4 - 20 512 (2) CONSTRUCT PUMP STATION LS -2 LUMP SUM 1 $ 69,000.00 $ 69,000.00 $ 85 000.00 $ 85,000.00 $ 77,700.00 $ 77,700. $ I 80,000.00 $ 80,000.00 4 - 21 602(l) FURNISH AND INSTALL 8" WATER MAIN LINEAR FOOT 1,445 $ 30.00 $ 43,350.00 $ 40.00 $ 57,800.00 $ 69.00 $ 99.705.03 $ 20.00 $ 28,900.00 A- 22 603(l) FURNISH AND INSTALL 8" GATE VALVE, VALVE BOX AND MARKER EACH 8 $ 800:00 $ 6,400.00 $ 600.00 $ 4,800.00 $ 1,900.00 $ 15,200. $ 3,500.00 $ 28,000.00 A- 23 604 0) HYDRANT ASSEMBLY (SINGLE PUMPER) EACH 2 $ 3,000.00 $ 6,000.00 $ 3,500.00 $ 7,000.00 $ 5,220.00 $ 10,440. $ 6,000.00 $ 12,000.00 A - 24 606(l) FURNISH AND INSTALL (1") WATER SERVICE LINE EACH 18 $ 800.00 $ 14 400.00 $ 1,200.00 $ 21,600.00 $ 2,230.00$ 40,140. $ 1,500.00 $ 27,000.00 A - 25 702(1-18) FURNISH AND INSTALL 18" CPEP LINEAR FOOT 182 $ 42.00 $ 7,644.00 $ 30.00 $ 5,460.00 $ 32.50 $ 5,915.1 0 $ 40.00 $ 7,280.00 Page 1 of 2 Jan. 14. 2003 ' NATIVES OF KODIAK SPRUCE CAPE SUBDIVISION BID TABULATIONS Bid Opening Date: January 13, 2003 3ASE BID - PHASE 1 Item o. Sec, No. Pay Item Pay Unit Quantity ANDERSON CONSTRUCTION Unit Bid Price Amount Bid BRECHAN ENTERPRISES Unit Bid Price Amount Bid i CHENEGA MANAGEMEN Unit Bid Price Amount Of Unf ENGINEER'S ESTIMATE Bid Price I Amount Bid A- 26 702(1-24) FURNISH AND INSTALL 24" CPEP LINEAR FOOT 119 $ 55.00 $ 6,54&00 $ 45.00 $ 5,355.00 $ 39.00 $ 4,64 00 $ 45.00 $ 5,355.00 A- 27 801 1 MOBILIZATION AND DEMOBILIZATION LUMP SUM 1 $ 74 500.00 $ 74;500.00 $ 35 000.00 $ 35,000.00 $ 138 600.00 $ 138,6 $ 133 737.29 $ 133,737.29 CONSTRUCTION SURVEY A - 28 805(l) MEASUREMENT LUMP SUM 1 $ 18,000.00 $ 18,000.00 $ 25,000.00 $ 25',000.00 $ 20,300.00 $ 20,300.0 $ 66,868.64 $ 66,868.64 A- 29 806(l) STANDARD SIGNS SQUARE FOOT 15 $ 100.00 $ 1,500.00 $ 300.00 $ 4,500.00 $ 77.00 $ 1. 155. . $ 80.00 $ 1,200.00 A - 30 807(l) INSULATION BOARD BOARD FOOT 30 $ 1.00 $ 30.00 $ 1.00 $ 30.00 $ 1.60 $ 4E.30 $ 4.00 $ 120.00 A - 3, . 808 1 GEOTEXTILE, SEPARATION SQUARE YAR 4,883 $ 1.00$ 7,324.50 $ 1.00 $ 4,883.00 $ 2.00 $ 9,76 I. 0 $ 1.50 $ 7,324.50 A - 32 810 1 SEEDING -SCHEDULE A 1,000 SF 71.3 $ 100. 7 130.00 $ 150.00 $ 10,695.00 $ 180.00 $ :12,834. $ 300.00 $ 21,390.00 TOTAL BASIC BID: $ 1,040,101.80 $ 1,084.009 50 $ 1,594,45.0 I $ 1,571,767.25 \DDITIVE ALTERNATE 1 - PHASE 1 PAVING ASPHALT CONCRETE PAVEMENT, B-1 402 2 TYPE II, CLASS 8 SQUARE YAR 8,483 $ 25.00 $ 212 075.00 $ 20.00 Is ' 169,660.00 $ 18.00 $ 152,694i 0 $ 18.00 $152,694.00 TOTAL ADDITIVE ALTERNATE 1 BID: $ 212,075.00 $$ 169,660000 $ 152,6940)0 kDDITIVE ALTERNATE 2 - TRAIL DEVELOPMENT Trail POND TRAIL DEVELOPMENT LINEAR FOOT 910 $ 22.00' ,$ 20,020.00 $ 13.00 1 $ 11,830.00 $ 20.00 $ 18,2001 00 $ 15.00 1 $ 13,650.00 $ 13,650.00 TOTAL ADDITIVE ALTERNATE 2 BID: $20,020 000 $ 11,830.00 $ 18,200.0 TOTAL OF BASE BID AND ALL ADDITIVE ALTERNATES: $ 1,272,196.60 $ 1,265,499.50 $ 1,765,351; 0 $ 1,738,111.25 $ 6,697.30 Pape 2 of 2 , r Tony Drabek, President & CEO Natives of Kodiak, INC. 215 Mission Road, Suite 201 Kodiak, AK 99615 Kodiak Island Borough Assessing 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9357 Fax (907) 486-9351 rscholze@kib.co.kodiak.ak.us March 19, 2003 Refer: Tax Recapture Analysis of Proposed Creation of Spruce Cape Subdivision. Dear Tony: Recordation of a subdivision plat based upon the approval of the waiver request referenced above will trigger provisions for tax recapture as specified in the Alaska Native Claims Settlement Act (ANCSA). 43 U.S.C. 1636 (d) (5) (A & B) of the Act states that Native Corporations shall pay, upon recordation of an approved subdivision plat, all State and local property tax that would have been incurred without the exemption during the thirty (30) months prior to the date of the recordation of the plat. This property tax, together with interest at the rate of five (5) percent per annum beginning on the date of recordation, is to be paid in equal semi-annual installments over the two-year period commencing six (6) months after the date of recordation of the plat. More particularly, 43 U.S.C. 1636 (d) (5) (C) directs the government entity with jurisdiction over the plat to notify the submitting corporation of the estimated tax liability incurred as result of the recordation of the plat. That is the intent of this letter. The appraised value for this tract is based on its total size adjusted for effective acreage due to a large pond and land loss from avulsion. The appraiser reviewed a subdivision approach provided by the landowner, along with sales of various tracts of land. The analysis incorporated standard appraisal techniques in order to reach a reliable conclusion of value. The depth and backup for this appraisal is available on request at the Assessors office. Based on this review the appraiser determined that the value for the tract as a whole, was $818,400 for each of the tax years preceding the estimated date of recordation. A further review was conducted of the effect of time and found to not be a significant factor that would warrant a time adjustment, due in part to the relatively stable land market over the time frame. If the expected recording date is projected to be, for example, March 1, 2003, the tax liability at the uniform 10.75 mills applying to the entire thirty (30) month recaptured period will be: TAX RECAPTURE CALCULATION This levy is 9.25 mills + Bayside levy of 1 1/1/2003 $ 818,400.00 10.75 $ 8,797.80 1/1/2002 $ 818,400.00 10.75 $ 8,797.80 1/1/2001 $ 818,400.00 10.75.$ 8,797.80 REPAYMENT SCHEDULE a interest o a ayment Balance 9/1/2003 $ 26,393.40 $ 659.84 $ 27,053.24 $ 7,015.84 $ 20,037.40 3/1/2004 $ 20,037.40 $ 500.93 $ 20,538.33 $ 7,015.84 $ 13,522.49 9/1/2004 $ 13,522.49 $ 338.06 $ 13,860.55 $ 7,015.84 $ 6,844.71 3/1/2005 $ 6,844.71 $ 171.12 $ 7,015.83 $ 7,015.84 $ - According to ANSCA 43 U.S.C. 1636 (d) (2) (B) (iii), the remainder of the property based on the preliminary plat, is not considered "developed" pursuant to ANCSA and will retain iVs exempt status as an undeveloped remainder tract and is not subject to tax recapture until such time as it is further developed, or the ANSCA rules change. Upon recording a lien will be filed on the property to insure payment, unless the taxes are paid prior to recording. Should you have any questions, please call (907) 486- 9351. Sincerely, Kodiak Island Borough Assessors Office FIRLO FICASH WORM Wsil: 4 818854183 PAID 26,393.48 +�+�* Paid in Full *** Cc: Marian Royall, Borough Finance Kodiak Island Boroug Kodiak AK 99615 (987) 486-9324