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FY2006-05A Amending Land Sale #15 Terms and ConditionsWHEREAS, Kodiak Island Borough Code 18.30.20 requires the Borough Assembly to set the terms and conditions of sale for the disposition of public lands; and WHEREAS, the Planning and Zoning Commission has recommended and the Borough Assembly has determined that certain lands are surplus to the Borough's needs: and WHEREAS staff has determined that lot number4 requires rezoning and should be removed from Land Sale D umber Fifteen; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: KODIAK ISLAND BOROUGH RESOLUTION NO. FY2006 -05A A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY AMENDING RESOLUTION NO. FY2006 -05 AUTHORIZING LAND SALE NUMBER FIFTEEN AND ESTABLISHING TERMS AND CONDITIONS Introduced by: Manager Gifford Requested by: Manager Gifford Drafted by: Manager Gifford Introduced: 09/01/2005 Adopted: 09/01/2005 The Kodiak Island Borough Assembly, in accordance with Title 18 of the Kodiak Island Borough Code, authorizes the Manager or his designee to offer the following lots for disposal by public outcry auction on October 22, 2005 at 1:00 p.m. in the Borough Assembly Chambers: 1. Lot 15, Russian Creek Subdivision. 2. Lot 2, Block 1, Chiniak Alaska Subdivision 3. Lot 4, Block 1, Selief Estates Section 2: Parcels sold at Land Sale Number Fifteen shall be subject to the following terms and conditions: 1. Said parcels shall be appraised at fair market value as determined by the Borough Assessor and the minimum acceptable bid at the auction shall be the appraised value. 2. A deposit of ten percent (10 %) of the minimum bid amount will be required to be deposited with the auctioneer at the auction. The deposit shall be cash or verified funds in the form of a cashiers check or money order. The deposit shall be credited to the down payment at the closing of the land sale and kept by the seller should the transaction not be completed as required by this resolution. 3. The term of the contract for the unpaid balance shall be ten (10) years. 4. The interest rate on the unpaid principal balance shall be ten (10) percent, amortized monthly. 5. Payments on the unpaid principal shall be made on a monthly basis. The Borough Finance Department will calculate equal payments amortized monthly, with the uneven payment, if any, being the last payment due. All payments are due beginning 30 days following the date of recording with any additional late penalties calculated pursuant to KIB Ordinances. There is no penalty for prepayment of all or part of the deed of trust but any prepayments shall be credited to outstanding interest and then principal. Prepayment of the loan is allowed so long as they are made in conjunction with a regular monthly payment. Prepayments will not affect the amount of the monthly payment but will reduce the loan term accordingly. Kodiak Island Borough Alaska Resolution No. FY2006 -05A Page 1 of 2 ATTEST: 6. The purchaser shall execute a deed of trust for the unpaid balance plus interest to secure payment of the note. The Borough Finance Department shall hold the deed of trust unless the buyer desires it to be held as an escrow account by a third party trustee acceptable to the buyer and seller. In that event, the buyer shall be responsible for all costs associated with the trustee and the escrow account. The time and place of the closing will be set by the Borough manager or his agent, but shall be not Tess than ten (10) and not more than twenty (20) working days after the signing of the purchase commitment. The seller and buyer shall evenly split the expense of normal closing and recording fees. 7. Any remaining unsold parcels shall be offered for sale, "over the counter," beginning at 8:00 am on the fifth working day following the public outcry auction at the office of the Borough Finance Department on a first come, first serve basis. The minimum sales price shall be the appraised value. 8. Any remaining unsold parcels not disposed of within six (6) months of the sale date shall be withdrawn pending future evaluation and action. 9. All parcels will be conveyed by Quit Claim Deed subject to easements, reservations, and restrictions of record. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS FIRST DAY OF SEPTEMBER 2005 udith A. Nielsen, •► C Borough Clerk KODIAK ISLAND BOROUGH me M. Selby, Borough Mayor Kodiak Island Borough Alaska Resolution No. FY2006 -05A Page 2 of 2