AC No. 1991-03Hgi-D3
AGREEMENT
tj
THIS AGREEMENT made this day of April, 1991, between
CORY BAKER, of 4122 Cliffside Road, Kodiak, Alaska 99615, hereinafter
"Baker" and KODIAK ISLAND BOROUGH, of 710 Mill Bay Road, Kodiak, Alaska
99615, hereinafter 'Borough".
1. Recordation of Plat. The Borough agrees that the plat which is
designated case S-91-002, reflecting the subdivision of Lot 8A, Block 1, Miller
Point Alaska Subdivision Second Addition and the replat to Lots 8A-1 and 8A-
2, Block 1, Miller Point Alaska Subdivision Second Addition, Kodiak Recording
District, Third Judicial District, State of Alaska, hereinafter "Subdivision", may
be recorded with the District Recorder.
2. Removal of Improvements. Baker agrees to comply fully with
the conditions and modifications set forth as a prerequisite for the approval of
the Subdivision by the Kodiak Island Borough in its correspondence dated
April 15, 1991. A copy of the correspondence stating the conditions and
modifications is attached hereto as Exhibit "A", and incorporated herein by
reference. Baker shall comply with all conditions of plat approval on or before
3 C3
'1991.
3. Performance Bond. Baker shall execute and deliver to the
Kodiak Island Borough a performance bond which assures fulfillment of all
covenants and conditions of this agreement. Baker represents that the cost of
removing the improvements and compliance with the conditions required
under paragraph 2 above is no more than $ to s-0 0
4. Choice of Law. This agreement shall be governed by and
construed under the laws of the State of Alaska.
AGREEMENT Page 1 of 4
5. Independent Covenants. Each and every covenant in this
agreement is independent of the other and the breach of a single covenant
herein constitutes a breach of this agreement. The waiver of any breach or
condition of this agreement by the Borough does not constitute a waiver of any
other portion hereof or of any subsequent breach of the same condition or
covenant.
6. Successors in Interest. This agreement shall be binding upon
and inure to the benefit of the heirs, assigns, successors in interest, and the
personal representatives of the parties hereto.
7. Modifications. No change or modification of this agreement
shall be valid unless the same be in writing and signed by the parties hereto.
8. Entire Agreement. This writing constitutes the entire agreement
of the parties, and the parties hereby adopt this writing as the complete and
final expression of their agreement. The parties further agree that oral or
written evidence of prior or contemporaneous negotiations may not be offered
for the purpose of adding to or varying the terms of this writing; provided,
however, that all exhibits attached hereto shall be regarded as incorporated
herein and made a part of this writing.
9. Attorney's Fees. In the event any action is filed in relation to
this agreement, the prevailing party shall recover, in addition to the costs and
disbursements provided by statute, a reasonable sum as attorney's fees.
10. Invalid Provision. The invalidity or unenforceability of any
particular provision of this agreement shall not affect the other provisions
hereof, and this agreement shall not affect the other provisions hereof, and this
AGREEMENT Page 2 of 4
agreement shall be construed in all respects as if such invalid or unenforceable
provision was omitted.
11. Headings. The headings of paragraphs of this agreement are
inserted for convenience only and shall not constitute a part hereof.
12. Notices. Any notice shall be given by mailing the same to each
of the parties at the address set forth in this agreement, or at such other
address as the parties may in writing hereafter designate.
IN WITNESS WHEREOF, the parties have executed this agreement
the day and year first above written.
Address:
4122 Cliffside Road
Kodiak, AK 99615
STATE OF ALASKA
)ss:
THIRD JUDICIAL DISTRICT
BAKER
THIS IS TO CERTIFY that on the -
day of April, 1991, before
me, the undersigned, a Notary Public in and for the State of Alaska, duly
commissioned and sworn as such, personally appeared CORY BAKER, to me
known and known to me to be the individual who executed the within
Agreement and acknowledged to me that the same was signed freely and
voluntarily for the uses and purposes therein contained.
WITNESS my hand and notarial seal the day and -year first above written.
Notary Public in and for Alas
My Commission Expires /'0 y3
�(/%hi.
AGREEMENT Page 3 of 4
Address:
710 Mill Bay Road
Kodiak, AK 99615
STATE OF ALASKA
THIRD JUDICIAL DISTRICT
z
KODIAK ISLAND BOROUGH
)ss:
Mayor
THIS IS TO CERTIFY that on the Q3 of April, 1991, before me,
the undersigned, a Notary Public in and for the State of Alaska, duly
commissioned and sworn, personally appeared /-in /,z z - Frc g.4 , to me
known and known to me to be the identical individual described in and who
executed the within and foregoing instrument as Mayor of the Kodiak Island
Borough and he acknowledged to me that he signed the same in the name of
and for and on behalf of said municipality, freely and voluntarily and by
authority of its Assembly for the uses and purposes therein mentioned.
WITNESS my hand and notarial seal the day and year first above written.
Notary Public in and for 41#ska
My Commission Expires 9
AGREEMENT Page 4 of 4
Kodiak Island Borough
710 MILL BAY ROAD
^" KODIAK, ALASKA 99615.6340
PHONE (907) 486-5736
April 15, 1991
Cory Baker
4122 Cllffside Road
Kodiak, Alaska 99615
Re: Case 8-91-002. ABBREVIATED PLAT PROCEDURE Subdivision of Lot
8A, Block 1, Miller Point Alaska Subdivision Second Addition, creating
Lot 8A-1 and SA -2, Block 1, Miller Point Alaska Subdivision, Second
Addition.
Dear Mr. Baker:
The final plat you submitted for the subdivision referenced above has been
processed and is hereby approved, subject to documentation of the following
requirement:
1. In order to meet the requirements of Title 17 (Zoning)
of the Borough Code, the accessory building located
over the new lot line proposed on this plat must be
relocated to a legal location in accordance with the
note on the preliminary plat, or, a suitable subdivision
agreement must be approved by the Borough prior to
filing the final plat.
Staff has determined that after compliance with the above condition, the plat
you submitted will meet all of the requirements of Chapter 16.50 (Final Plat) of
the Borough Code.
When these conditions have been met, please instruct your surveyor to
complete the final plat and submit the appropriate number of copies to this
office. We will process the plat for filing once it has been signed by all owners
of the property, as indicated in the certificate to plat, and signed by an
authorized representative of the Alaska Department of Environmental
Conservation. It is your responsibility to obtain these signatures.
Page Two
Cory Baker
April 15, 1991
Please be advised that property taxes are due and payable when billed. Your
final plat will not be recorded until any applicable taxes due have been paid in
full. If property taxes have already been paid in full then please disregard this
notice.
A decision of the Community Development Department is final unless appealed
to the Planning and Zoning Commission within ten (10) working days of receipt
of this notice.
If you have any questions regarding the action taken on this final plat, please
contact this office at 486-5736, extension 255.
Sincerely,
Duane Dvorak, Associate Planner
Community Development Department
cc: Ecklund Surveying
A cc
�� aof2
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS that, Cory Baker, of 4122
Cliffside Road, Kodiak, AK 99615, as Principal and Surety, is held and firmly
bound unto the Kodiak Island Borough, hereinafter "Borough", 710 Mill Bay
Road, Kodiak, AK 99615, in the penal sum of $ /t lawful money of the
United States of America, for the payment of which sum well and truly to be
made, we bind ourselves, our heirs, executors, administrators, successors and
assigns jointly and severally firmly by these presents.
The Principal has entered into a certain written agreement with the
Kodiak Island Borough, hereinafter "Agreement', for the removal of certain
improvements, with respect to the subdivision of Lot 84, Block 1, Miller Point
Alaska Subdivision Second Addition, and replat to Lots 8A-1 and 8A-2, Block
1, Miller Point Alaska Subdivision Second Addition, Kodiak Recording District,
Third Judicial District, State of Alaska, hereinafter "Subdivision", requiring the
modification set forth as a prerequisite for the approval of the subdivision by
the Kodiak Island Borough in its correspondence, dated April 15, 1991, the
above-named Surety being thoroughly familiar with said agreement and all its
terms and conditions and all of the drawings and specifications and general
conditions that are made a part hereof.
Now, therefore, the condition of this obligation is such that if the
Principal shall promptly complete the Agreement and not otherwise be declared
by the Borough to be in default under the Agreement, then this obligation shall
be void: otherwise, it shall remain in full force and effect.
This bond shall be secured by a cash deposit, described as follows:
deposited with the Kodiak Island
Borough Finance Department.
The above-named Principal and Surety hereby jointly and severely agree
with the Borough that whenever the Principal shall be declared by the Borough
to be in default under the Agreement, the Borough may remedy the default or
shall promptly:
(a) Complete the Agreement in accordance with its terms and
conditions, or
(b) Obtain a bid or bids for completion of the Agreement in accordance
with its terms and conditions and upon determination by the Kodiak Island
Borough and the Surety of the lowest responsible bidder, arrange for a contract
between such bidder and the Kodiak Island Borough; the Surety shall make
available, as work progresses, sufficient funds to pay the cost of completion,
including all other costs and damages of the Borough which may be occasioned
by said default.
l� WITNESS WHEREOF, the undersigned have executed this Agreement
this day of April, 1991.
PRINCIPAL AND SURETY
By: <L
Co Baker
STATE OF ALASKA )
)ss.
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on the day of April, 1991, before
me, the undersigned, a Notary Public in and for the State of Alaska, duly
commissioned and sworn, personally appeared CORY BAKER, to me known
and known to me to be the identical individual described in and who executed
the within and foregoing instrument and he acknowledged to me that he signed
the same freely and voluntarily as a free and voluntary act, with full knowledge
of its contents, for the uses and purposes therein mentioned.
GIVEN UNDER MY HAND official seal th day and year last
above written.
Notary Pub i in and for Alaska
My Com ion Expires:
� 7 /'� -
CASH RECEIPT
- p ,Kodiak? Is
Bonoug... ;-1
710 UPPER MILL BAY ROAD 18304
" v F KODIAK, ALASKA 99615.6340
rTPHONE (,90077) 46.5706
RECEIVED . r N / ` ��K
FROM / e %— DATE 799
/I/nn /'_ P9 /7
-000-101-10-00
010-000- 105-01 -00
CASH
PROPERTY TAX, REAL
010-000- 105-06-00
PROPERTY TAX, PERSONAL
010-000- 111 -61 -00
PROPERTY TAX, LIENS
010-000- 107- -00
PERSONAL TAX, LIENS
040 - 000 - 371 - 11 -00
LAND SALE, PRINCIPAL
040 - 000 - 371 - 12 -00
010 - 000 - 368 - 51 -00
LAND SALE, INTEREST
SALE OF COPIES
010 - 000 - 322 - 11 -00
BUILDING PERMIT
010 - 000 - 319 - 10 - 00
010 - 000 - 199 - 99 - 00
PENALTIES, INTEREST
CLEARING
PER ATTACHED
L
CONDITIONS OF CHECK PAYMENTS
PAYMENTS TENDERED BY CHECK MR OBLIGATIONS DUE TO TOTAL ►
THE BOROUGH ARE SATISFIED ONLY UPON THE CHECK BEING PAYMENT MADE BY
HONORED. RETURNED CHECKS MR ANY REASON RESTORES THE OBLIGATION AS
UNPAID AND SUBJECTS THE PAYER TO ANY CHARGES, FEES OR OTHER LEGAL CHECK NO. % b
UABIUTIES AS MAY BE MpUCABLE.
�) %� %JK n^ ❑ CASH
UEEIRR— lJA' �+ OTHER_._.
OIL PAYOR - FMObsN615
(
POST OFFICE BOX 3707
KODIAK, ALASKA 99615
April 22, 1991
Kr. Corey Baker
4122 Cli££side Drive
Kodiak, AK 99615
Re: Demolition of Building
Dear Corey:
(907) 487-4400
FAX: (907) 487-2185
The following is our proposal to demolish and remove
30' X 30' building on your property.
The proposal assumes that:
1. You will salvage any of the materials that you want to
keep prior to our arrival on site.
2. You will remove any shingles or hazardous materials
prior to our arrival.
3. We will collapse the building and burn it in place and
haul away what ever is left.
The price for the above described work is 51,500.00.
Let me know if we can be of service.
5'ncerely, n
James H. GrahamPresident.
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