USS 3098 LT 1A MILL BAY RD - ZCP 11/4/2019Kodiak Island Borough
Community Development Department
710 Mill Bay Rd. Rm 205
r{" Kodiak AK 99615
Ph. (907) 486 - 9363 Fax (907) 486 - 9396
http://www.kodiakak.us
Print Form I Submit by Email
III VIII I
I II II IIII �
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16237
Zoning Compliance Permit Permit No. CZ2020-016
The following information is to be supplied by the Applicant:
Property Owner / Applicant: City of Kodiak
Mailing Address:
Phone Number:
Other Contact email, etc.:
Legal Description:
Street Address:
Use & Size of Existing Structures:
Old dock
710 Mill Bay Rd.
USF&W, Michael Brady, 9074-487-0226
Subdv: USS 3098 Block: Lot: 1A
Description of Proposed Action:
Remove and rebuild dock
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 KIBC 17.90 PROP ID 16237
Lot Area: 5461 Lot Width: Not Applicable Bld'g Height: Not Applicable
Front Yard: Not Applicable Rear Yard: Not Applicable Side Yard: Not Applicable
Prk'g Plan Rvw? Not Applicable # of Req'd Spaces:
Staff Compliance Review Notes and Specific Plat/ Subdivision Requirements:
Subd Case No. Plat No. Bld'g Permit No.
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:
Proof of EPA notification provided (if required)? NO
*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: I 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. I agree to have identifiable
corner markers in place for verification of building setback (yard) requirements.
Attachments? Not Applicable List Other:
Date: Aug 13, 2019
Signature: x �' �VKL� 44ftA
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 NOT AUTHORIZE CONSTRUCTION WHEN A BUILDING PERMIT IS REQUIRED.
** EXPIRATION. Any zoning compliance permit issued is subject to the some expiration, suspension, and revocation provisions as a
building permit issued for the same construction permit.**
CDD Staff Certification
Date: Aug 13, 2019 CDD Staff:
Payment Verification Zoning Compliance Permit Fee Payable in1 m # 104 - Main floor of Borough Building
Not Applicable
Less than 1.75 acres
1.76 to 5.00 acres:
5.01 to 40.00 acres:
SEP 13 in (0
K0PJ1AKIW1A tWW0%$ the published amount
Vr� �'",^
❑ $O.�b��ltl�!h�RORT�7F111� $0.00
® $30.00
❑ $60.00
❑ $90.00
40.01 acres or more: ❑ $120.00
❑ $60.00
❑ $120.00
❑ $180.00
❑ $240.00
Revocable Aircraft Moorage Agreement
THIS AGREEMENT is made by the City of Kodiak, a municipal corporation organized and
existing under the laws of the State of Alaska (hereinafter referred to as "City") and the person
or organization identified below (hereinafter referred to as "Permittee").
Section 1: Definitions.
A: Permittee and Emergency Information
1, NAME OF ORGANIZATION OR INDIVIDUAL
U.S. Department of the Interior, FISH AND WILDLIFE SERVICE
2. NAME OF AGENT, IF PF,RMI[TEE 15 NOT AN INDIVIDUAL
NATURE OF PERMITTEE
Nancy E. Walsh
❑ INDIVIDUAL
5, WING SPAN
❑ BUSINESS SOLE PROPRIETOR
N 9260 Z
3. AGENTS TITLE WITH ORGANIZATION
❑ BUSINESS PARTNERSHIP OR JOINT VENTURE
Realty Specialist
❑ BUSINESS CORPORATION
NON-PROFIT CORPORATION
4. PERMITTEE'S MAILING ADDRESS
Division of Realty
®
GOVERNMENT AGENCY
101.1 E. Tudor Road
❑ OTHER; SPECIFY:
5, CITY
6, STATE
7, ZIP CODE
Anchorage
AK
99503
B. PRIMARY TELEPHONE NUMBER
9 SECONDARY TELEPHONE NUMBER
907-786-3907
1-888-697-9826
10. NAME OF EMERGENCY CONTACT INDIVIDUAL
Butch Patterson
11 EMERGENCY TELEPHONE NUMBER
907-486-8447
Toriv Chatto
907-486- 301
8: Aircraft
1. AlRCRAFTTYPE
2 AIRCRAFT MODEL
Dehavilland
Beaver D11C2
3 COLORS
4, TAIL NUMBER
5, WING SPAN
White with Brown and Orange
N 9260 Z
48 feet
C: Space and Term
1 LOCATION (CHECK ONE ONLY, AND SPECIFY SITE)
2. DATE RENTAL BEGINS
R LILLY LAKE
SPACE (1-3)
LL -2
❑ TRI DENT
FLOAT {A, B oR c}
RAMP (A or C. 1-4 / B 1-6)
BASIN
F-
R_
Aircraft Moorage Agreement: City and US Fish & Wildlife, 11/99 page I
Section 11: Premises.
The City agrees to rent to the Permittee and the Permittee agrees to rent from the City the aircraft
moorage space identified in section 1-C-1 above in consideration of the covenants and subject to the terms
and conditions herein stipulated. The City sliall deliver possession of the premises on the date named
above in section I -C-2 as the date rental begins, free and clear of any rights or claims by tenants or persons
occupying under authority of the City. Permittee shall confine use within those premises, and shall not
encroach on other moorage sites or other property owned by the City or other parties.
Section III: Term and Termination.
A. This agreement shall be effective from the date named above in section I -C-2 as the date rental
begins and shall continue until terminated by either party in accordance with Section III -H.
B. Either party may terminate this agreement for any reason, including but not limited to default in
timely payment of rent or violation of any terms or conditions of this agreement, with ten days written
notice to the other party. The City may terminate this agreement or enter upon, repossess, and relet the
premises without prejudice to the City's right to recover rent which is past due. Permittee shall remove the
aircraftand any other property from the premises no laterthan the effective date of termination. Thereafter,
the City may remove and store the aircraft and other property at the expense of the Permittee in
accordance with Kodiak City Code Chapter 10.40. Upon termination, any prepaid rental amount may be
retained by the City to the extent necessary to pay all impoundment, towing, and other fees and costs.
Section N: Rental Payments.
A. Permittee shall pay rental fees established by the City. The rental fee at the time this agreement is
executed is $443 per year, and the rental fee may be adjusted by the City from time to time, provided that
no more than one such change in any twelve-rnorrth period shall be effective upon this agreement. Written
notice of any such changes shall be provided to the Permittee. If the Permittee believes that the rent
resulting from such a change exceeds the fair market rent for the premises, the Permittee may, within 120
days after the date of the written notice, and at the Permittee's sole expense, submit to the City an appraisal
of the Premises, prepared by a qualified real estate appraiser, which shall include the appraiser's estimate
of the fair market rent of the Premises. Rental fees shall be paid in advance without notice or demand at
the City Cashier's office, Room 213 in the Borough Building, or by retail to the following address:
City of Kodiak Cashier
Airport Rental Fees
P. O. Box 1397
Kodiak, AK 99615.
B. Permittee may pay either the Monthly rental fee on a month-to-month basis in advance for every
month Permittee occupies or retains possession of the premises, or the Annual rental fee annually in
advance. If the date rental begins, identified in section 1-C-2 above, is any day other than the first of a month,
the initial rental shall be calculated as follows:
1. If the Permittee wishes to pay Monthly rental, the first month's rent shall be prorated as follows:
Starting Date Portion of Monthly Rental Earned
First through 3rd day of the month 100%
4th through 11 th day of the month 75%
12th through 18th day of the month 50%
19th through 26th day of the month 25%
27th through the last day of the month 0%
2. If the Permittee wishes to pay on an annual basis, the first year's rental shall expire one year from
the first of the month in which the rental begins if the date rental begins is prior to the sixteenth day of
the month; otherwise, the first year's rental shall expire one year from the first day of the following
month.
C. In the event this agreernent is terminated and Permittee satisfactorily vacates the premises and
otherwise satisfies all other terms and conditions of this agreement before the expiration of any pre -paid
rental period, the termination date shall be the latest of either (l) ten days after written notice in
accordance with Section III -B, (2) vacation of the premises, or (3) satisfaction of all other terms and
conditions of this agreement. Rental thus paid in excess of earned rental fees as calculated below shall be
refunded to the Permittee.
Aircraft. Moorage Agreement; City and US Fish & Wildlife, 11 /99 Page 2
1. If the Permittee has last paid rental on a monthly basis, earned rental fees for the month in which
this agreement is terminated shall be calculated as follows:
Termination Date Portion of Monthly Rental Earned
First through 3rd day of the month 0%
4th through 1 Ith day of the month 25%
12th through l8th day of the month 50%
19th through 26th day of the month 75%
27th through the last day of the month 100%
2. If the Permittee has last paid rental on an. annual basis, earned rental fees shall be calculated
according to the Monthly rental fee for any whole and partial months that Permittee has occupied the
premises in the period covered by the annual rental last paid; provided, however, tl rat the earned rental
fee shall not exceed the amount of the Annual rental fee last paid. Partial months shall be calculated
according to the table above in Section IV -C-1)
D. Any rental amount that is not paid when due shall accrue a penalty of $25.00 or interest at the rate
of 15% per annum, whichever is the greater amount when the rental is finally paid.
Section V. Use of Premises.
A. Permittee shall use the premises solely for the moorage of the aircraft identified above in Section I -B
and for other activities incidental to such moorage or use of aircraft. Permittee shall not use the premises
nor permit any others to use the premises for any purpose that constitutes a nuisance, fire hazard, or
violation of any law, lawful order, rule or regulation of the City.
B. Permittee shall use the premises in a safe manner by adequately securing the aircraft when it is
stationary, by moving it to and from the premises in a safe manner, and by adequately securing any other
property on the premises to prevent damage to property of others.
C. Permittee shall not place or allow any aircraft other than the one described above in Section 1-B to
use the premises without first presenting satisfactory proof to the City that the Permittee owns such other
aircraft and amending this agreement to reflect the change.
D. Permittee shall not allow any form of waste or injury to the premises.
E. Permittee shall at all times keep and maintain the entire premises in an orderly and sightly condition.
Permittee shall not cause or permit any litter, debris, scrap, or other materials not having a recognized
commercial value, including garbage, to be accumulated or stored on the floats, ramps, approaches, or
otherproperty. Permittee shall remove all such materials within five days afterwritten notice from the City.
In the event of Permittee's default of this responsibility, the City may remove such materials at the
Permittee's expense, and such default shall constitute cause for termination of this agreement.
Section VI: Transfer, Liens, and Encumbrances.
A. This agreement may not be assigned, sub -leased, mortgaged, pledged, or otherwise encumbered
by the Perrrrittee. If the Permittee transfers title to the aircraft described above in Section I -B, the City may,
upon request of the Permittee and satisfactory application by the new owner of the named aircraft,
terminate this agreement and simultaneously enter a Revocable Aircraft Moorage Agreement with such
new owner for the same premises.
B. Permittee shall maintain the premises free and clear of all Iiens and encumbrances. If at any time
a lien or encumbrance is riled against the premises or any part thereof, Permittee shall, at its own expense
and within thirty days after receipt of written notice from the City, obtain the release and discharge of the
lien or other encumbrance by payment, bonding, or otherwise.
Section VII: Fueling and Fuel Storage Tanks.
1. A fuel tank which is located on the Premises at the time of execution of this lease shall be allowed
to remain, provided that it is maintained in accordance with all applicable local, state, and federal laws and
regulations governing the same. No other tanks used or intended for use as storage for fuel, lubricant,
heating oil, or other petroleum product of any ]rind shall be permitted on the premises.
2. Aircraft moored at Lilly Lake may be fueled from mobile fuel trucks that cornply with all applicable
local, state, and federal laws and regulations governing the same. Strict compliance with all such
applicable laws and regulations is the responsibility solely of the Permittee.
Aircraft Moorage Agreement: City and US Fish & Wildlife, 11/99 Page 3
Section VIII: Improvements Prohibited.
A fuel storage shed which is located on the Premises at the time of execution of this lease shall be
allowed to remain. Permittee shall not construct or install any additional fixtures or other improvement,
whether temporary or permanent, on the premises occupied under this agreement.
Section IX: Access and Rights -of -Way.
A. Permittee shall allow the authorized agents and employees of the City to enter upon the premises
at any reasonable time for the purpose of inspecting the conditions and use of the premises.
B. The City reserves the right to reasonable access over and across the prernises for the purposes of
constructing or maintaining any right-of-way which the City is authorized to construct or maintain, and to
grant itself reasonable easements over and through the premises for these purposes.
C. The City reserves the right to grant rights-of-way and easements over and across the premises to
others if it is determined to be in the best interest of the City to do so.
D. Permittee acknowledges that the City has no obligation to supervise, inspect, or maintain premises
or access to the premises. The City shall not be liable to Permittee for any impairment or restriction of
ingress or egress to the premises caused by other persons occupying the premises or access ways without
authority from the City. Permittee specifically waives and releases the City from any liability for loss or
damage to Permittee, Permittee's invitees, or Pennittee's property resulting from disrepair or lack of
maintenance to such access ways.
E. If the City determines it necessary to blast in close proximity to the premises, the City shall notify the
Permittee that it will be necessary to remove the aircraft to another location, such notice to be delivered
no less than two weeks prior to the date blasting will begin.
Section X: Liability and Insurance.
A. In accordance with the Federal Tort ClaimsAct, 28 USC 2671, et. seq., orsuch otherauthority as may
be available, the Permittee agrees to promptly consider and adji.idicate any and all claims which arise out
of the Permittee's use, possession, or occupancy of the Premises.
B. Permittee shall provide adequate self-insurance to cover loss or damage:, to persons or property that
inayresult from or be attributable to Permittee's ownership or use of aircraft stored on orotherwise utilizing
the premises. Such self-insurance shall provide coverage of not less than $300,000.00 combined aggregate
limit. In no event shall Permittee be subrogated to any claims or riglits against the City with respect to
damages or incidents covered by such insurance. Permittee shall provide written evidence of self-insurance
which shall explicitly name the City, including all elected and appointed officials, employees, and
volunteers, as additional insured.
Section XI: Taxes and Charges.
Property taxes, assessments for improvements, and other taxes and charges which may legally be
assessed or charged to the Permittee are not included in the rentals provided in this agreement, and
Permittee shall pay when due all such taxes and other charges which are levied at any time during the
Permittee's use of the premises.
Section XII: Compliance with Laws.
Permittee shall complywith all laws currently existing or hereinafter amended or enacted relating to
the possession, use, and occupancy of the premises; and all other applicable statutes, ordinances,
regulations, and rules of local, state, and federal authority.
Section XIII: Non -Waiver; Remedies Not Exclusive.
A. A failure by the City to insist upon strict performance of any term, condition; or covenant of this
agreement or to exercise any right or remedy available upon a breach thereof, or the acceptance of full or
partial payment during the continuance of any breach shall not constitute a waiver of any such breach or
any applicable term, condition, or covenant of this agreement. A waiver of any default shall not affect rior
alterany term, condition, or covenant of this agreement, and those terms, conditions, and covenants shall
continue in full force and effect with respect to any subsequent default.
Aircraft Moorage Agreement: City and US Fish & wildlife, 11/99 Page 4
B. Specific rernedies provided in this agreement relating to termination or liquidated damages shall
not be exclusive and the City may, in addition, pursue any remedy available at law for compensation or
damages, with or without terminating this agreement.
Section XIV: Modification.
This agreement and all appendices and amendments hereto embody the entire agreement of the
parties. No promises, terms, conditions, or obligations other than those contained herein shall be binding,
and this agreement shall supersede all previous communications, representations, and agreements, either
oral or written. A modification of this agreement shall not be binding upon either party unless it is reduced
to writing and signed by both the City and Permittee.
Section XV: Notices.
Any notice, demand, or delivery tinder this agreement shall be in writing and shall be effective upon
mailing by registered or certified mail with charges pre -paid to the other party at the address identified
herein or as later amended an(] attached:
City of Kodiak U. S. Fish & Wildlife Service
P. O. Box 1397 at the address identified above
Kodiak, AK 99615 in Section I -A.
Section XVI: Severability.
If any clause or provision of this agreement is determined by a court of competent jurisdiction to be
invalid, such determination shall not affect the validity of any other clause or provision of this Iease.
In witness whereof, the parties have hereunder set their hands.
City of Kodiak / \ U. S. Fish & Wildlife Service
William D. Jones,
Date:
Attest:
Debra L. Marlar, City Clerk
Printed name:
David B. Allen, Regional Director
Date: - Z_� kby
Witness:
)�a4i,6v_ A4�
Printed name:
Nancy E. Walsh, Realty Speclali.st
SUBSCRIBED AND SWORN TO BEFORE ME
�z
T`HIyS).DAY OF._j�-�9.
ORY PUBLIC
Aircraft Moorage Agreement: City and US Fish & Wildlife, 11/99 Page 5
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