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AIRPARK BK 4 LT 8A - ZCP 4/29/2021Kodiak Island Borough Prir<t Form Submit b Email, -: Y . "u•::. Community Development Department 710 Mill Bay Rd. Rm 205 r== Kodiak AK 99615 Ph. (907) 486 - 9363 Fax (907) 486 - 9396 httl2://www.kodiakak.us Zoning Compliance Permit Permit No. C2.qDaj-pyd The following information is to be supplied by the Applicant: Property Owner /Applicant; �g �� �"�� /� —� � }-- Mailing Address: 6e70X'�yfi`Z— Phone Number: �'�. ,r�--�,� , 1��,,,�% ��J.ifiaf;� e,,•,�©26'� Other Contact email, etc.: LAJ& 4� 49.11AD 44: COM A J� � ������ ,5 q,4V7.!MZ, ,, 64e) Legal Description: Subdv: A,(A9. AM ,, ,, Block: ,� - Lot: 964- Street Address: I,71,5' 1",(4-4 Use & Size of Existing Structures: t✓ 0,4A!7— — Description of Proposed Action: 1AZ_jr44,g �i X6'5c 4,0 51jtA0iNC-r c—,w7w/A/ 7Z L-4Z 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: Q) us . PROP —ID 114011,3 tot ,'%rea: d� QC. Lot `Vidth• Bld'g Height: 5701 cr�r.t'rlyd "�-d: Sid- Yard. Prk'g Pir. P.r:v? : cf Req'd Spaces: Staff Compliance Review Notes and Specific Plat / Subdivision Requirements: c-�tL f�Y�e��% �a � ,'}'i� [u M o�D t �e D (5► i q CD Q ce S ?cc " tSubd C hta..,� Plat No, Bld'g Permit No. Does the project involve an EPA defined facility? 'Commercial buildings, Installations (mliltary bases), institutions (schaals, hospitals) and residences with more than four (4) dwelling units. Driveway Permit? Septic Plan Approval: Fire Marshall: Proof of EPA notification provided (if required)? *Required for all demolitions, for renovations disturbing at least 160square feet, 26011neor feet, or 35 cuble feet of Regulated Asbestos Contalning Material (RACM), and for renovations that remove a load -supporting structural member. No permit will be issued for such project. without proof of EPA notification Applicant Certification: 1 hereby certify that I will comply with the provisions ofthe Kodiak Island Borough Code and that 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? �%e0441c1 List Other. Date: r , Signature: 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 NOTAUTHORIZECONSTRUCTION WHENA 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: Lille; --- CDD Staff: n - l!V 1 .,- 1,21 C 0 Payment Verification Zoning Compliance Per-nir Fee Payable n Cashier's Office Room r 104 - Main floor of Sarough Building NotApplicabie ❑ $00D Less than 1.75 acres: j $30.00 1.76 to 5.00 acres: TT❑"" $60.00 5.01 to 40,00 acres: ❑ $90.o0 40.01 acres or more: $120.00 After-th-e-Fact 2X'' e publj5hed anr�unt $0.00 ❑ $60,00 ❑ $120.00 ❑ $180.00 ❑ $ 240.00 FFO I C-1 47- LICENSE AGREEMENT THIS LICENSE AGREEMENT (the "Agreement") is made and entered into effective this _Ol_day of June, 2021 by and between Petro49, INC. of P.O. Box 389, Seward, Alaska 99664 ("Licensor") and Norma Flores, individually, d/b/a Tacos 49., 670 Cut Off RD. Kodiak, Alaska 99615 ("Licensee"). Licensor and Licensee shall sometimes be referred to hereafter as the "Parties." RECITALS WHEREAS, Licensor is the owner of a certain parcel of real property in Kodiak, Alaska located at 1714 Mill Bay Rd records of the Kodiak Island Borough , State of Alaska (the "Subject Property"); WHEREAS, Licensee desires to enter the Subject Property for purposes of operating a food trailer, as more fully described herein; and WHEREAS, Licensor is willing to allow Licensee to enter the Subject Property for purposes of operating a taco trailer pursuant to the terms and conditions of this Agreement. NOW THEREFORE, in consideration of the granting of the foregoing, the mutual premises, covenants, conditions and agreements hereinafter set forth, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Parties agree as follows: 1. Grant of License: Term. (a) Licensor hereby grants to Licensee, its employees, representatives and contractors a non-exclusive license ("License") to enter upon the Subject Property for the purposes of operating a coffee stand or outlet (the "Operation") and of preparing the Property for the Operation. The Operation shall be conducted out of a movable or portable food trailer that is approximately eight feet (8') by 24 feet (24') in size (approximately 192 square feet) and a 8' x 8' x 40' container that «ill hook into water and sewer at Licensee expense. The Operation shall be located on the Subject Property in a place or position to be designated by Licensor. (b) This License shall commence on April _01_, 2021 and shall continue for a period of one (12) months, whereupon it shall automatically renew for additional six (6) month periods unless terminated by Licensor or Licensee in accordance with this Agreement. Page 1 of 6 2. Conditions of Licensee's Use of Subject Property, Payment. (a) Licensee shall pay to Licensor $450.00 per month for the use of the Subject Property. (b) Licensee shall conduct its Operation on the Subject Property in compliance with all applicable federal, state and municipal laws including, but not limited to, all applicable health and safety laws. Licensee shall not permit its Operation or the Subject Property to be used for any purpose that is illegal or unlawful. Licensee shall immediately notify Licensor of any illegal or suspicious activity on the Subject Property. (c) Licensee shall cause no damage to the Subject Property or adjacent curbs and walkways, and shall keep the Subject Property free of trash and debris. Should any damage be caused, Licensee shall expeditiously repair same at Licensee's expense. (d) No substance designated as hazardous, dangerous, toxic or as a pollutant or contaminant by any federal, state, or local govermnental authority shall be brought upon the Subject Property at any time; provided, however, that petroleum products required for vehicles authorized upon the Subject Property are excepted from this provision to the extent that such products are completely contained within such vehicles, without leaking. (e) Licensee shall keep and maintain its Operation and the Subject Property in a neat and clean appearance. (f) Licensee may, at its sole expense, tie into the existing power line serving the Subject Property. Licensee shall be responsible for and shall pay separately for any utility services Licensee requires or uses, including but not limited to electricity, garbage rennoval, water and snow- removal. (g) Licensee shall not modify, remodel or make any permanent changes to the Subject Property, except as otherwise expressly provided in this Agreement, without the prior written consent of Licensor. Any work performed by Licensee to modify, remodel or prepare the Subject Property for its Operation shall be at the sole expense of Licensee. (h) Licensee shall not permit any mechanics', materialmen's, or other similar liens or claims to be filed or recorded against the Subject Property for labor or material furnished in connection with Licensee's Operation on the Subject Property. Upon reasonable and timely notice of any such lien or claim delivered to Licensee by Licensor, Licensee may contest the validity and the amount of such lien, but only if Licensee posts a bond equal to the full amount claimed by the lienholder. Licensee shall immediately Page 2 of 6 pay any judgment rendered, shall pay all proper costs and charges, and shall have the lien or claim released at its sole expense. (i) Licensee agrees to cooperate and coordinate its Operation with Licensor to minimize any inconvenience to or disruption of Licensor's service station business located at 1716 Mill Bay, adjacent to the Subject Property (the "Tank property"). Licensee shall conduct its Operation on the Subject Property in a manner that does not interrupt the operation of or access to the tank property. 0) Licensee and her employees, during the times when they are operating or working at the Food Stand, may use the sewage facilities at the property. Licensee shall defend and indemnify Licensor including, but not limited to, its employees, agents and/or other representatives, against, and hold it harmless from, any and all liabilities, claims, suits, actions, causes of action and damages of any nature or kind whatsoever incurred by or asserted against Licensor resulting from, arising out of, or in any way related to or connected with Licensee's use of the sewage facilities. This obligation to defend, hold harmless and indemnity shall include, but not be limited to, any damages caused to the sewage facilities as a result of the failure of Licensee or her employees to keep the sewage facilities properly closed and locked at all times when the property is closed for business. 3. Insurance. Throughout the term of this Agreement, including any extensions or renewals, Licensee shall maintain the insurance coverage required from time to time by Licensor. 4. No Liability of Licensor, Indemnity. (a) Licensor, its agents, employees and representatives shall not be liable or responsible for the entry upon or use, or for any injury or damages arising out of or resulting from the entry upon or use, of the Subject Property by Licensee, its aLrents. employees, contractors, representatives, guests, customers, and invitees. (b) Licensee agrees that it will indemnify and hold Licensor harmless from and against any claims, demands, action-;, suits, judgments, loses, daunages, costs of expenses incurred as a result of personal injury, property damage, civil penalties or fines arising out of or resulting from Licensee's Operation or its use of the Subject Property. (c) In the event Licensor shall identify any matter to which this indemnity may apply or receive a notice or claim from any third party of such matter, it shall, as soon as practicable, and in any case within sixty (60) days of said notice or claim, notify Licensee of such matter. Page 3 of 6 (d) This indemnity shall not extend to liability for any claim determined to have been due solely to negligent or intentional acts or omissions of Licensor, its agents, or employees. 5. Default. The following events shall constitute events of default by Licensee: (a) Failure to comply with any term, condition, requirement of, or any responsibility arising out of, this Agreement including, but not limited to, the conditions set forth in Section 2. For those failures or deficiencies that may be corrected, Licensee shall correct the failure or deficiency within seventy-two (72) hours following notice of noncompliance from Licensor. (b) Using the Subject Property for any purpose other than the use specifically granted by this Agreement. (c) Any release of any substance defined as hazardous, dangerous, toxic or as a pollutant or contaminant upon the Subject Property resulting, in whole or in part, directly or indirectly, from Licensee's use of the Subject Property tinder terms of this Agreement. Termination of this Agreement as a result of such default shall not relieve Licensee from liability and responsibility for proper treatment of such material and its removal from the Subject Property. 6. Termination. (a) For Cause. In the event of any default of Licensee's duties and obligations under this Agreement, Licensor shall have the right to tenninate this Agreement immediately upon giving written notice to Licensee. (b) At Will bi, Licensor. At any time, Licensor may, in its sole and absolute discretion. revoke or terminate this l.icellse by fifteen ( 15) days written notice to Licensee. If Licensor terminates the License pursuant to this Section 6(b), Licensor shall not be obligated to pay any sum to Licensee. (c) Bt ,ttutttul A recincir;. This License may be rooked at any tinie by mutual agreement. (d) At Expiration of' Term. Prior to the expiration of the initial tern or any renewal term thereafter, this License may be tenninated by either party by giving ninety (90) days written notice to the other party prior to the expiration of the teen. (e) Licensee's Obligations on Termination. Upon termination, Licensee shall: (i) remove its coffee stand and any other personal property related to the Operation; (ii) pay any amount owed to Licensor for use of the Subject Property under Section 2(a); (iii) Page 4 of 6 leave the Subject Property in a clean condition, free of trash and debris; and (iv) correct and repair any damages to the Subject Property which may have been caused, in whole or in part, directly or indirectly, by Licensee's Operation or its use of the Property. 7. Independent Contractor. Licensee is an independent contractor. Nothing contained in this Agreement or in Licensee's use of the Subject Property for its Operation shall be construed as creating any other relationship between Licensee and Licensor, including but not limited to employer -employee, partnership or joint venture. Licensee shall be solely responsible for the hiring and conduct of its employees and for the payment of all amounts related to such employment including, but not limited to, income taxes, social security taxes, unemployment taxes and workers' compensation insurance. 8. Notices. Any notice provided for herein or otherwise required to be given hereunder shall be given by or certified United States mail, postage prepaid, addressed to the other as set forth in the first paragraph of this Agreement. The person and the place to which notices are to be mailed may be changed by either party by providing written notice of same to the other. 9. Assignment. Successors and Assigns. Licensee may not assign this License Agreement or any part hereof without the prior written consent of Licensor, which consent may be withheld for any reason or for no reason. In all other respects, this Agreement shall be binding upon and inure to the benefit of the Parties' respective representatives, successors and assigns. 10. Entire Agreement. This Agreement constitutes the entire agreement and understanding among and between the Parties with respect to the subject matter hereof, and supersedes all prior agreements and understandings, both written and oral, concerning such matters. 11. Governing Law, Venue and .Jurisdiction. This Agreement shall be governed, construed and enforced in accordance with the la-vvs of the State of Alaska. The Parties expressly agree that should litigation or any legal proceeding arise or be necessary tinder this Agreement, the same shall be commenced exclusively in the state court in Alaska, Third Judicial District at Anchorage. IN WITNESS WHEREOF, the Parties have executed this Agreement by their duly authorized representatives on the date first above written. LICENSOR: LICENSEE: Petro 49 Inc. d/b/a Petro Marine Services Norma Flores, individually, d/b/a Tacos 49 Inc. Page 5 of 6 LUZ Kurt R. Lindsey, President Page 6 of 6