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FY2011-38 US Dept of the Interior Sale of Landc F�y 025) ii - 3'? Fomt 3-1769C Alaska (July 1979) Kodiak NWR Tract # 6 1 y Kodiak Island Borough UNITED STATES DEPARTMENT OF THE INTERIOR U.S. FISH AND WILDLIFE SERVICE AGREEMENT FOR THE. PURCHASE OF LANDS 9& THIS AGREEMENT made and entered into this L day of 201 k, by and between Kodiak Island Borough hereinafter styled the vendor, for itself, its heirs, executors, administrators, successors. and assigns, and the UNITED STATES OF AMERICA acting by and through the Secretary of the Interior or his authorized representative, WITNESSETH; I. In consideration of One Dollar (S 1.00) in hand paid by the United States, the receipt of which is hereby acknowledged, the vendor agrees to sell to the United States certain lands upon the terms and conditions hereinafter set forth, and for the price of $15,000.(10 TOTAL for all of the lands and other interests. which lands shall include all tenements, hereditaments, together with all water and other rights, easements, and appurtenances thereunto belonging, owned by it, situate and lying and being in the State of Alaska, and more particularly described as follows: W'/, NE'' NEA SW'A and Fractional NW'IA NEV, SW'/, of Protracted Section 29, Township 31 South, Range 28 West, Seward Meridian, located in the Kodiak Recording District, Third Judicial District, State of Alaska, containing approximately 9.96 acres. Excepting therefrom the subsurface estate, and all rights, privileges, immunities and appurtenances, of whatsoever nature, accruing unto said estate pursuant to the Alaska Native Claims Settlement Act of December I S, 1971, 43 U.S.C. 1601, 1613 (h) (3). 2. The vendor agrees that it has full right, power, and authority to convey, and that it will convey to the United States the fee simple title thereto clear, free, and unencumbered, except subject to the following easements or reservations: Platted easements, rights, and reservations of the United States, the State or Alaska. and third persons, if any, as provided by the survey plat or otherwise of record. A�iccmcm G;r ?urcha.e ut I girds Tricr n61y, Kodiak NkX!R Seller: Kodiak klnnd Nruugh I ca I . The vendor further agrees not to do, or suffer others to do, any act by which the value or title to said lands may, be diminished or encumbered. It is further agreed that any Toss or damage occurring prior to the vesting of satisfactory title in the United States of America by reason of the unauthorized cutting or removal of products therefrom, or because of fire, shall be borne by the vendor; and that, in the event any such Toss or damage occurs, the United States may refuse, without liability, to accept conveyance of said lands, or it may elect to accept conveyance upon an equitable adjustment of the purchase price. 4. The vendor further agrees that during the period covered by this instrument, officers and accredited agents of the United States shall have at all proper times the unrestricted right and privilege to enter upon said lands for all proper and lawful purposes, including examination of said lands and the resources upon them. 5. The vendor will execute and deliver upon demand of the proper officials and agents of the United States, and without payment or the tender of the purchase price, a good and sufficient special warranty deed conveying to the United States a safe title to the said lands of such character as to be satisfactory to the Attorney General of the United States, and said deed shall provide that the use, occupation, and operation of the rights-of-way, easements, and reservations retained therein, shall be subordinate to and subject to such rules and regulations as may be prescribed by the Secretary of the Interior governing the use, occupation, protection, and administration of areas under and in compliance with the Act of October 15, 1966 (80 Stat. 926), as amended. 6. In consideration whereof, the United States of America agrees that it will purchase all of the said lands and other interests at the price of $15,000.00 TOTAL, the acreage to be ascertained by a survey to be made at the option and expense of the United States after reasonable notice to the vendors, and according to standard methods and procedures, or by recourse to the records of the Bureau of Land management, or by both, and it hurther agrees that, alter the preparation, execution, delivery, and recordation of the deed at no cost to the vendor, and after the Attorney General shall have approved the title based upon the blanket waiver issued on September 25, 2000 by Lewis M. Baylor, U.S. Department of Justice, to accept conveyances of land by special warranty deed from Kodiak Island Borough, subject to certain conditions, thus vested in the United States, it will cause to be paid to the vendor the purchase price by a United States Treasury check. The expenses of the vendor for recording fees, revenue stamps, transfer taxes, and similar expenses incidental to the conveyance of the property; and any amount paid as a penalty cost For prepayment many pre-existing recorded mortgage entered into in good faith, encumbering such real property; as well as the pro rata share of prepaid real property taxes allocable to the period subsequent to the vesting of title in the United States, or the effective date of possession of such real property by the same, whichever is earlier: shall be subject to reimbursement as provided in Section 303 of the Act of -January 2, 1971, 84 Star. 1899. Full possession and use of the premises shall pass to the United States as of the date payment is made to the vendor subject only to the reservations stated in section 2 above. A,rcc moor far ['urdmx u(Lands Tr;m :61,, K.,dmk Sellrr: Kndi,,k taland &.rue"h of� 7. It is understood and agreed that if the Secretary of the Interior determines that the title to said lands or any part thereof should be acquired by the United States byjudicial proceedings, either to procure a safe title or, when it is in the public interest, to take immediate possession, or for any other reason, then the compensation to be claimed by the owner and the award to be made for said lands in said proceedings shall be upon the basis of the purchase price herein provided. b. It is mutually agreed that an abstract, certificate of title, or other evidence of title to the property herein contracted to be sold, satisfactory to the Attorney General, will be obtained by the United States at its expense. 9. It is mutually understood and agreed that this contract shall not be assigned in .vhole or in part without the consent in writing of the United States. 10. It is further mutually agreed that no Member of or Delegate to Congress, or Resident Cormmissioner, shall be admitted to any share or part of this contract or agreement, or to any benefit to arise thereupon. Nothing, however, herein contained shall be construed to extend to any incorporated company, where such contract or agreement is made for the general benefit of such incorporation or company. I L It shall be the obligation of the vendor to pay all taxes and assessments outstanding as liens at the date title vests of record in the United States, whether or not such taxes and assessments are then due and payable. 12. Vendor acknowledges the need for a contaminant survey by the United States and agrees that such survey can be conducted at the expense of the United States. 13. It is mutually understood and agreed that notice of acceptance of this agreement shall be given to the vendor either by electronic mail or by certified mail addressed to, Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615 and shall be effective upon date of mailing and shall be binding upon the vendor, except as such obligation may be affected by the provisions of paragraph 6 hereof. IN WITNESS WHEREOF, the vendors have hereunto signed their names and affixed their respective seals on the day first above written, with the understanding that this Agreement for Purchase cannot be executed by the Secretary of the Interior or his authorized representative until after it is reported to him for his consideration, and therefore the vendor for and in consideration A,rccmcn; far PuTchaw u( Laid, Tract Y.61t, iCnJiak iA'4/R Jellrr: F;i mink Nan,! iitinnirdi '. Ut] of the S 1.00 hereinabove acknowledged as received, has and docs hereby grant unto the United States of America by and through the Secretary of the Interior or his authorized representative, or any other officer or agency of the United States authorized to purchase said lands, the option and right to enter into [his Agreement for Purchase within 120 days from the execution thereof by the vendor, and to purchase said lands as herein provided. This Agreement is contingent on the approval of funds. Kodiak Island igh By: Rick L. Gifford Borough Manager Kodiak Island Borough ACKNOWLEDGMENT STATE OF ALASKA ) ss: THIRD JUDICIAL DISTRICT j THIS IS TO CERTIFY that on this 16'�-day of F2XLWY� , 201 ,"before me, the undersigned, a Notary Public in and for the State of Alaska, duly commissioned and sworn as such, personally appeared Rick L. Gifford, Borough Manager, to me known and known to be the person he represented himself to be, and the same identical person who executed the above and foregoing instrument on behalf of Kodiak Island Borough, and who acknowledged to me that he has full power and authority to and did execute the above and foregoing as a free and voluntary act and deed of said corporation for the uses and purposes therein mentioned. IN WITNESS WHEREOF, i have hereunto set my hand and affixed my official seal, the day and year first written above. �11111IIp!/ (SEAL) �'��TARY`•. ��� ��/ .. pUBL'�.•yT �� 'rrrnittPU A �rccmcw for of Lands Traci #61%.. Ko.1,,ik Jrller: rindl,t l: Island 4 of lliouo Public in and for Alaska Nly commission expires: LO -K 6fitCC. ACCEPTANCE The Secretary of the interior, acting by and through his authorized representative has executed this agreement on behatf of the United States of America on this /3A day of /t'la�_, 201V.. THE UNITED STATES OF AMERICA B }• Chief Division of Re Ity and Na ral Resources U.S. Fish and Wildlif C rvice Region 7 ACKNOWLEDGMENT STATE OF ALASKA ) ss: THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on the Ila day of /VI4201 ,before me, the undersigned, a Notary Public in and for the State of Alaska, duly commissioned and swum as such, personally appeared Danielle G. Jerry, who declared to me that she is the Chief, Division of Realty and Natural Resources, U.S. Fish and Wildlife Service. Region 7, who is known to me to be the person who executed the within instrument on behalf of the agency her named, and who acknowledged to me that the same was signed as a free act and deed of the agency for the uses and purposes therein stated pursuant to the laws and regulations of the United States. WITNESS my hand and notarial seat the day and year first above written in this certificate. Hirt 0 T4 (SF.:y.r'o r, OF`p �P Aerecmenr h)f PLIFChase n1 Lands racr #61i, Kldiak NAr1R 9dlcc Kodiak Island N m eh or= Notary Public in and for Alaska My commission expires: