NEW KODIAK BK 17 LT 2 - ZCP 8/1/2018�-� Kodiak Island Borough Print Form Submit by Email
Community Development Department
710 Mill Bay Rd. Rm 205
iNll
Kodiak AK 99615
Ph. (907) 486 - 9363 Fax (907) 486 - 9396
http://www.kod i a ka k.us
Zoning Compliance Permit Permit No. CZ2019 010
Subd Case No. S68 -210A Plat No. 72-02 Bld'g Permit No. TBD by Building Dept.
The following information is to be supplied by the Applicant:
Property Owner / Applicant:
Owner: City of Kodiak / Applicant: Alutiiq Museum
Mailing Address:
Owner: P.O. Box 1397, Kodiak, AK 99615 / Applicant: 215 Mission Rd. Kodiak, AK 99615
Phone Number:
Owner: 907-486-8640 /Applicant: 844-425-8844 ext 19
Other Contact email, etc.:
Owner: mtvenge@city.kodiak.ak.us /Applicant: kate@alutiiqmuseum.org
Legal Description:
Subdv: Block: Lot:
New Kodiak 17 2
Street Address:
210 Mill Bay Rd. Kodiak, AK 99615
Use & Size of Existing Structures:
Vacant
Description of Proposed Action:
Construction/establishment of a public park as depicted on attached site plan (permitted
use per KIBC 17.90.020.2).
Site Plan to include: Lot boundaries and existing easements, existing buildings, proposed location of new construction, access points,
and vehicular parking areas.
Staff Compliance Review:
Current Zoning: Business KI BC 1 i PROP—ID 15566
Lot Area: 0.34 acres
Lot width: Not Applicable Bld'g Height: 50'
Front Yard: Not Applicable Rear Yard: Not Applicable Side Yard: Not Applicable
Prk'g Plan Rvw? Yes
# of Req'd Spaces: 3
Staff Compliance Review Notes:
Plat / Subdivision Requirements?
Subd Case No. S68 -210A Plat No. 72-02 Bld'g Permit No. TBD by Building Dept.
Does the project involve NO
an EPA defined facility?
*Commercial buildings, installations (military bases),
institutions (schools, hospitals) and residences with
more than four (4) dwelling units.
Driveway
Permit?
Septic Plan
Approval:
Fire
Marshall:
N/A
N/A
TBD by Building Dept.
Proof of EPA notification provided (if required)? N / A
*Required for all demolitions, for renovations disturbing at least 160 square
feet 260 linear feet or 35 cubic feet of Regulated Asbestos Containing Material (RACM), and
for renovations that remove a load -supporting structural member.
No permit will be issued for such projects without proof of EPA notification
Applicant Certification: 1 hereby certify that 1 will comply with the provisions of the Kodiak Island Borough Code and that I
have the authority to certify this as the property owner, or as a representative of the property owner. 1 agree to have identifiable
corner markers in place for verification of building setback (yard) requirements.
Attachments? Site Plan
Date: 6-1(- 2-010
List Other: N/A
Signature: Mike Tvenge, Manager, City of Kodiak
This permit is only for the proposed project as described by the applicant. If there are any changes to the
proposed project, including its intended use, prior to or during its siting, construction, or operation, contact
this office immediately to determine if further review and approval of the revised project is necessary.
THIS FORM DOES NOTA UTHORIZE CONSTRUCTION WHEN A BUILDING PERMIT IS REQUIRED.
** EXPIRATION: Any zoning compliance permit issued is subject to the same expiration, suspension, and revocation provisions as a
building permit issued for the same construction permit.**
CDD Staff Certification
Date: CDD Staff:
Payment Verification Zoning Compliance Permit Fee
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❑ $90.00 ❑ $180.
❑ $120.00 ❑ $240. PAID
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PAYMENT DATE
Kodiak Island Borough
07/30/2018
710 Mill Bay Rd.
COLLECTION STATION
Kodiak, AK 99615
CASHIER
RECEIVED FROM
ALUTIIQ HERITAGE
FOUNDATION
DESCRIPTION
210 MILL BAY RD KODIAKALUTIIQ
MUSUEM CITY OF KODIAK
Zoning Comp]
Zoning Compliance Permit
CZ 2019 010
Payments: Type Detail Amount
Check 23695 $30.00
Customer Copy
Total Amount:
BATCH NO.
2019-00000027
RECEIPT NO.
2019-00000097
CASHIER
Teresa Medina
TRANSACTION AMOUNT
$30.00
Printed hv- Teresa Medina Pana 1 of 1 n7mw,)niu ww z•iz mann
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MEMORANDUM OF AGREEMENT
Between
The Alutiiq Heritage Foundation City of Kodiak
215 Mission Road, First Floor
Kodiak, Alaska 99615
Ph: (844) 425-8844
Fax: (866) 335-7767
710 Mill Bay Road
Kodiak, Alaska 99615
Ph: (907) 486-8640
Fax: (907) 486-8600
This Memorandum of Agreement ("Agreement") is by and between the City of Kodiak ("the City"),
the current owner and responsible authority of the 0.34 acre subject parcel of land with the legal
description of. New Kodiak Subdivision Block 17, Lot 2, Plat No. 72-2, Kodiak Recording District,
Third Judicial District, State of Alaska ("the subject parcel"); and the Alutiiq Heritage Foundation,
dba the Alutiiq Museum and Archaeological Repository ("the Alutiiq Museum"), which desires to
use the subject parcel to create an Alutiiq Ancestors' Memorial park ("the Memorial,") as described
in Attachment A.
WITNESSETH:
WHEREAS, the City owns the subject parcel, located at 210 Mill Bay Road; and,
WHEREAS, the mission of the Alutiiq Museum is to preserve and share the heritage and
culture of the Alutiiq people; and,
WHEREAS, the Alutiiq Heritage Foundation desires to create a cultural park to advance the
Alutiiq Museum's mission and to remind visitors of the importance of acknowledging and respecting
those who came before us; and,
WHEREAS, the City's Downtown Revitalization Committee identified the subject parcel as a
potential park site; and,
WHEREAS, such a park in downtown Kodiak will aid the City in developing the downtown
area for greater community and visitor use; and,
WHEREAS, the Memorial will provide Kodiak residents and visitors with a beautiful place to
visit and learn, and will encourage community dialog and understanding of our diverse cultural
heritage.
Now, THEREFORE, in consideration of the mutual covenants herein contained, the legal
sufficiency of which is hereby acknowledged, the City and the Alutiiq Museum (the "Parties") agree
as follows:
City Record No. 23 73 79
Page 1 of 5
Ownership. The City shall retain ownership of the subject parcel, and authorizes the Alutiiq
Museum to enter upon the subject parcel to construct the Memorial. The City asSUmeS
ownership upon completion of construction of any fixtures or improvements on the subject
parcel.
2. Term. Notwithstanding anything contrary to Kodiak City Code Chapter 18.20, the Council of
the City of Kodiak hereby authorizes the Alutiiq Museum to enter the subject parcel for the
purposes of constructing and maintaining the Memorial thereon, including coordinating
maintenance for the Memorial for a period of ten years from the date of this signed MOA.
Upon mutual agreement, at the end of the initial or any extended term this Agreement may be
renewed for an additional five year term.
3. Approval of Plans. The Alutiiq Museum shall not begin construction of the Memorial until
the City has reviewed and approved plans for the construction of the Memorial, which shall be
prepared and stamped by an architect or engineer registered in the State of Alaska.
4. Contractor Requirements. Any contractor that the Alutiiq Museum shall hire to perform
construction work on the Memorial shall be licensed by the State of Alaska, and shall provide
the Alutiiq Museum with performance and payment bonds in an amount equal to the contract
price. While performing construction work on the Memorial, any such contractor shall
maintain insurance that meets the requirements of Section 7 below.
5. Scope of Work. The Alutiiq Museum and City of Kodiak shall share responsibility for the
upkeep, maintenance, and care of the Memorial. The responsibility will be shared as follows.
The Alutiiq Museum shall coordinate or provide:
• Annual Spring maintenance;
• Weekly trash pick-up and weeding;
• Graffiti removal, if needed; and,
• Work with City on larger maintenance or repair matters, drawing on Museum's park
maintenance fund if funds are available.
The City will provide:
• Lawn maintenance during summer months on an as -needed basis; and,
• Coordinate with the Museum on larger maintenance or repair matters including
considering whether such maintenance or repairs could be accomplished by city
employees.
6. Warranties: The Alutiiq Museum will designate the City of Kodiak as owner for all
warranties associated with construction of Memorial fixtures and additions.
7. Indemnification. To the fullest extent permitted by law, the Alutiiq Museum agrees to
defend, indemnify, and hold harmless the City, its elected and appointed officials, employees,
and volunteers against any and all liabilities, claims, demands, lawsuits, or losses, including
City Record No. 237379
Page 2 of 5
costs and attorney fees incurred in defense thereof arising out of or in any way connected or
associated with the Alutiiq Museum's actions or failures to act pursuant to this Agreement.
To the fullest extent permitted by law, the City agrees to defend, indemnify, and hold
harmless the Alutiiq Museum, its appointed Board Members, employees, and volunteers
against any and all liabilities, claims, demands, lawsuits, or losses, including costs and
attorney fees incurred in defense thereof, arising out of or in any way connected or associated
with the City of Kodiak's actions or failures to act pursuant to this Agreement.
In instances where liabilities, claims, demands, lawsuits, or losses, including costs and
attorney fees incurred in defense thereof, are alleged to arise out of or in any way be
connected or associated with actions or failures to act of both the City and the Alutiiq
Museum under this Agreement the indemnity obligations of the City and Alutiiq to each other
shall be allocated on the basis of proportionate fault.
8. Insurance. The Alutiiq Museum, at its expense, shall provide the following insurance
coverages for its performance under this Agreement, and shall provide to the City certificates
of insurance and/or policies acceptable to the City at the time this Agreement is executed:
a. Commercial General Liability Insurance, with a minimum of $1,000,000.00 per
occurrence and/or aggregate combined single limit, bodily injury, and property damage.
b. Workers' Compensation Insurance shall be provided and maintained for all employees of
the Alutiiq Museum engaged in work under this Agreement as required by AS 23.30.045
or any other applicable statutes or regulations. The Alutiiq Museum shall require Workers'
Compensation Insurance for any subcontractor who directly or indirectly provides services
under this Agreement.
c. Volunteer Insurance - Volunteer Insurance, with a minimum of $1,000,000.00 per
occurrence and/or aggregate combined single limit, bodily injury, and property damage.
d. Additional Insurance Requirements are as follows; (1) list the City as an additional
insured, including all elected and appointed City officials, all City employees and
volunteers, all City boards, commissions, and/or authorities and their board members,
employees, and volunteers; 2) waive subrogation; (3) provide coverage that is primary to
the City and not contributing with any other insurance or similar protection available to
the City, whether other available coverage be primary, contributing, or excess; and, (4)
Require sixty (60) days written notice of cancellation non -renewal, reduction, and/or
material change addressed to: City Clerk, 710 Mill Bay Road, Room 220, Kodiak, Alaska
99615.
e. If the above coverage expires during the term of this Agreement, the Alutiiq Museum shall
deliver renewal certificates and/or policies to the City at least ten (10) days prior to the
expiration date. The Alutiiq Museum shall not commence operations under this
Agreement until it has obtained the coverage required under the terms of this Agreement.
All coverage shall be with insurance carriers licensed and admitted to do business in the
State of Alaska and acceptable to the City. If the Alutiiq Museum fails to comply with the
insurance requirements of this Agreement, the City may terminate this Agreement on sixty
(60) days written notice. The Alutiiq Museum covenants to maintain all insurance policies
required in this Agreement for the period of time in which a person may commence a civil
action as prescribed by the applicable statute of limitations. The coverage requires by this
Agreement shall cover all claims arising in connection with the Alutiiq Museum's
City Record No. 237379
Page 3 of 5
performance under this Agreement, whether or not asserted during the term of this
Agreement and even though judicial proceedings may not be commenced until after this
Agreement expires.
9. Termination. Upon the expiration or earlier termination of this Agreement, the Alutiiq
Museum shall relinquish any and all claims to the subject property and the improvements
thereon, and the City may use the subject property and any improvements thereon in any
manner and for any purpose that the City deems appropriate.
10. No Waiver. No waiver of any condition or provision of this Agreement by any party shall be
valid unless in writing signed by such party. No such waiver shall be deemed or construed as
a waiver of any other or similar provision or of any future event, act, or default.
11. Assignment or Delegation. The Alutiiq Museum may not assign its rights or delegate its
duties under this Agreement, or any part of it, except with the prior written consent of the
City.
12. Notice. Any notice required by this Agreement must be hand delivered or sent by first class
mail to the appropriate party at the address set forth above the signatures below, or any other
address which the party subsequently designates in writing.
13. Authority of Signers. Each individual executing this Agreement hereby represents and
warrants that he or she has the capacity set forth on the signature pages hereof with full power
and authority to bind the Party on whose behalf he or she is executing this Agreement to the
terms hereof.
14. Effectiveness of Agreement. This Agreement shall not become effective until authorized by
Ordinance adopted by the Kodiak City Council.
IN WITNESS WHEREOF, the Parties hereto have hereunder set their hands this day of ,
2018.
CITY OF KODIAK
710 Mill Bay Road
Kodiak, Alaska 99615
City Record No. 237379
Page 4 of 5
ALUTIIQ HERITAGE FOUNDATION dba
Alutiiq Museum and Archaeological
Repository
215 Mission Road, First Floor
Kodiak, Alaska 99615
Av� Tvl�n
Mike Tvenge, Ci Manager
Attest:
ebra Marlar, City Clerk
City Record No. 23 73 79
Page 5 of 5
Witness:
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