USS 2537B BK 2 TR 16A - ZCP 6/15/2026Kodiak Island Borough
Community Development Department
710 Mill Bay Road Room 202
Kodiak, Alaska 99615
Phone (907) 486-9363 Fax (907) 486-9396
bcurrie@kodiakak.us
Zoning Compliance Permit Permit No. CZ ao;? OD
The following information is to be supplied by the Applicant
Property Owner/Applicant: i L V r- >' e.t�lalt-
Mailing Address: Z 0 1 L&" Q.a2 r'T Ct �J� y 7 s
PhoneNumber:�ev. Le 7 q(O 4//q6
Other Contact Email, etc..: Lo crt /Ze 0a", 07 9 /I q(
Legal Description: Subdv: t/SS j %R IS %%Z/ ck: Lot:
Street Address: 7 / Z / / ja P, (a) P, �l
Use & Size of Existing Structures:
oYL
Description of Proposed Action: de L6.Ct -t- 'J 000 el U6
04S QE o LL
L Q e
O M Loire fJe�w�-,-''
Applicant Certification: I hereby certify that I 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.
Title:
e
Print Name:
Date:
Ili z. 6
Signature:
Site Plan to include lot boundaries and existing easements and buildings, pr osed location of new construction,
access points, and vehicular parking area, As -Built required with all improvements changes.
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, operation, contact this office immediately to determine iffurther review and
approval of the revised project is necessary.
THIS FORM DOES NOT AUTHORIZE CONSTRUCTION WHEN A BUILDING
PERMIT IS REQUIRED.
A Staff Compliance Review
Does the Project involve EPA XNX Proof of EPA notification provided (if required)?
Defined Facility? 'Commerical Buildings, `Required for all demos, renovations disturbing at least UO sq
Installations, institutions, and residences feet, 260 lineafeet, or 35 cubic It of Regulated Asbestos Containing
With more than four (4) dwelling unites' Material (RACM) and for renovation that remove load supporting structure'
Expiration: Any Zoning Compliance Permit issued is subject to the same expiration, suspension, and revocation
provisions as a building permit issued far the same construction permit.
Current Zoning:
Prop. ID: 04%
Lot Area: M— koc_
Lot Width:
Building Height: - `QN
Front Yard: '2tJ
Side Yard:
�o Rear Yard: a n ,
Parking Plan: Nff
Parking Spaces: k As -Built:
Staff Notes: FO Y
6 },''y
^See c�C IG-k A ega r) VA) o�h
Staff Certification
Date: G 6
CDD Staff Signature:
Payment Verification
After the Fact 2X the published amount
eel
Waived:
$0.00 ❑
$0.00 ❑
RECEIVED
Less than 1.75 Acres:
$30.00
$60.00 ❑ ,�,J
1.76 to 5.00 Acres:
$60.00 ❑
InI 5 u
$120.00 ❑
o
5.01 to 40.00 Acres:
$90.00 ❑
Koddil ak Island Borough
$180.00 ❑ Finance Department
40.01 Acres or more:
$120.00 ❑
$240.00 ❑
This Services Agreement (this "Agreement") is dated and effective as of June 4, 2026, by and between
Silver Bay Seafoods — Kodiak, an Alaska limited liability company ("Company ") David Hilty ("Contractor").
NOW, THEREFORE, in consideration ofthe premises, promises and covenants contained herein, and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree
as follows:
1. Services.
(a) Contractor shall provide to Company the following services (collectively, the "Services"): (i) the
services described shall be to act as the Company representative for work performed on its E Marine Way Properties.
This shall include submitting documents required to obtain permits for work on the properties.
(b) Contractor will expeditiously perform the Services in a professional and workmanlike manner.
Contractor will commence performance on June 4, 2026 and shall complete the Services by August 1, 2026.
(c) Contractor shall report directly to the Company Representative in such manner and with such
frequency as reasonably directed by the Company Representative. The Company Representative shall be Kevin
Kramer, Silver Bay Seafoods - Capital Project Manager.
(d) Contractor will provide all equipment and supplies necessary or appropriate to perform the
Services.
(e) Upon execution of this Agreement, Contractor shall provide Company with a list of
subcontractors it will use for the Services, if any. Contractor shall only subcontract to the subcontractors on such
list unless Company provides prior written consent to use a different subcontractor. Contractor agrees that any
such subcontractors shall be bound by and observe the provisions of this Agreement to the same extent as herein
required by Contractor, and that a copy of this clause imposing such obligations upon the sub -subcontractor shall
be included in any further subcontract.
(f) Company may change the Services to be performed (including, without limitation, addition or
deletion of Services, suspension of performance and changes in schedules for performance) by giving written
notice of such change. If any change in the Services causes an increase or decrease in the time required for the
performance of the Services or in Contractor's costs to perform the Services, Company shall adjust the schedule
for performance of such Services and the compensation payable to Contractor accordingly. All such changes in
the Services shall be included in a written instrument evidencing such adjustments.
2. Term. The term of this Agreement shall commence as of the date first set forth above and shall remain in
effect until the earlier of (a) the date on which the parties obligations hereunder have been satisfied, or (b) the date
upon which either party terminates this Agreement pursuant to Sections 10 and I I (the "Term'.
3. Place of Performance. The Services shall be performed primarily at E Marine Way, Kodiak, AK.
4. Compensation.
(a) Company shall pay to Contractor $0 (zero dollars) for the Services. This amount may be changed
by modification to this Agreement and may be reduced based upon changes to the final definition of the scope of
work. Contractor is responsible for the payment of all taxes pertaining to Contractor's provision of Services.
(b) Contractor may submit to Company an original invoice for any amounts payable hereunder for
Services rendered at monthly intervals based upon percentage of work completed. The invoice will be in a form
and content acceptable to, and as may be reasonably specified by, Company and will include, without limitation,
a detailed description of the Services performed and the time spent by Contractor in the performance of the
Services. [IF APPLICABLE: Invoices shall be delivered with copies of all Inspection Reports completed through
the invoicing period. The Conditional and/or Final Certificate of Occupancy shall be delivered upon receipt by
Contractor and a copy submitted with the final invoice.]
(c) Within thirty (30) days after Company's receipt of an invoice, Company will pay Contractor the
amounts properly payable pursuant to such invoice. All amounts payable under this Agreement are denominated
in United States dollars, and Company shall pay all such amounts in lawful money of the United States.
(d) At the time of submission of the invoice, Contractor shall provide the following information: (i) an
affidavit that there are no claims, obligations or liens outstanding or unsatisfied for labor, services, material,
equipment, taxes or other items performed, furnished or incurred for or in connection with the Services which will
in any way affect Company's interests; and (ii) a general release executed by Contractor waiving, upon receipt of
payment by Contractor, all claims, provided, however, that such waiver will not prevent Contractor from raising
any applicable affirmative defense to any claim by Company.
5. Warran . Contractor warrants that (a) it has full knowledge, experience and resources requisite to the
timely and practical performance of the Services, and shall apply such knowledge, experience and resources in the
performance; (b) it shall provide a sufficient number of employees skilled in the performance of the Services so as
to properly, diligently, and timely perform within the time provided in this Agreement; (c) the execution and
performance of this Agreement by Contractor will not violate any service, employment, confidentiality, consulting
or other agreement to which Contractor is a party or by which Contractor may be bound; and (d) Contractor will
not, in the performance of the Services or otherwise, use or disclose to Company any confidential or proprietary
information of any third party if such use or disclosure would violate any obligation or duty that Contractor owes
to such third party. Contractor also warrants and acknowledges that it is familiar with the site and the physical
conditions, the availability of labor and materials, and all other matters at the site or in the vicinity of the site which
affect the Services to be performed. To the extent Contractor is providing goods or equipment (the "Equipment")
under this Agreement, Contractor warrants that (a) the Equipment will be free from defects in materials or
workmanship, (b) the Equipment will be merchantable, (c) the Equipment will be fit for its intended purpose, and
(d) Contractor has good and marketable title to the Equipment free and clear of all liens and encumbrances.
6. Confidentiality. Contractor acknowledges and agrees that all trade secret and proprietary information of
Company and all information communicated to Contractor by Company in connection with the performance of this
Agreement shall be treated as confidential, shall be used only for purposes of this Agreement, and no such
confidential information shall be disclosed by Contractor, its agents or personnel without the prior written consent
of Company.
7. Intellectual Property. All Services performed hereunder shall constitute "work made for hire" by Company,
and Company will own all right, title and interest in and to all reports, documents, techniques, know-how,
algorithms, software, specifications, plans, notes, drawings, designs, pictures, inventions, data, information and
other items authored, produced, created, collected, developed, discovered or made by Contractor in connection with
the Services, together with any and all patent, copyright, trade secret, trademark and other intellectual property
rights in any such materials. Contractor hereby assigns and transfers to Company, without separate compensation,
all right, title and interest that Contractor may have or may hereafter acquire in any such materials and intellectual
property rights.
8. Relationship of Parties. Contractor will at all times be an independent contractor, and not an employee or
agent of Company in connection with the performance of the Services as set forth in this Agreement. Contractor
will (a) not enter into any contract, agreement or other commitment, or incur any obligation or liability, in the name
or otherwise on behalf of Company; (b) not be entitled to any workers' compensation, pension, retirement,
insurance, vacation pay, sick pay, or other benefits afforded to employees of Company; (c) not represent to be or
hold itself out as an employee of Company; and (d) retain full control over the manner, methods and details by
which it performs the Services. This Agreement will not be construed to create a partnership, joint venture,
principal/agent relationship or employment relationship between Contractor and Company.
9. Insurance.
(a) Required Insurance: Contractor shall procure and maintain at all times during the terra of this
Agreement, and at its own cost, the following insurance policies required hereunder. The insurance companies shall
be rated no less than A-7 by AM Best rating service. The policies of insurance required shall include the following:
Workers Compensation Insurance: Worker's Compensation Insurance in compliance with the laws of
all applicable states, including USL&H and Jones Act (if applicable to the Proposal), and any other
coverages that may apply where this Agreement is performed covering all employees engaged in the
performance of the work specified in this Agreement and any project hereunder.
ii. Emslovers Liability Insurance: Employers Liability Coverage, with minimum limits of $500,000
Bodily Injury/Each Accident, $500,000 Bodily Injury by Disease/Policy Limit, $500,000 Bodily Injury
by Disease/Each Employee.
iii. Commercial General Liability Insurance: Broad Form Commercial General Liability Insurance on a
"Per Occurrence" basis with limits of liability not less than $1,000,000 and/or $2,000,000 aggregate
combined single limit, Personal Injury, Bodily Injury and Property Damage. Coverage shall include
the following extensions: A) Contractual Liability; and B) Products and Completed Operations.
iv. Business Automobile/Motor Vehicle Liability: Motor Vehicle Liability Insurance with limits of
liability of not less than $1,000,000 per occurrence combined single limit Bodily Injury and Property
Damage. Coverage shall include all owned vehicles, all non -owned vehicles, and all hired vehicles.
V. [IF APPLICABLE] Errors and Omission Insurance: Errors and Omission Insurance with limits of
liability not less than $5,000,000.
vi. [IF APPLICABLE] Installation Floater or Builder's Risk: An Installation Floater or Builder's Risk
policy in an amount equal to the cost of the materials including materials in transit. The definition of
Named Insured shall include the Owner, General Contractor, and all Sub -Contractors.
(b) Additional Insured: The following shall be listed as Additional Insureds on each policy listed save
Workers' Compensation: Silver Bay Seafoods, LLC and Silver Bay Seafoods — Kodiak, LLC including all agents,
assigns, subsidiaries, subcontractors, employees, and volunteers. Contractor shall continue to name Silver Bay
Seafoods, LLC and Silver Bay Seafoods — Kodiak, LLC as Additional Insureds on all applicable policies for two
years after the completion of `your work" for Personal Injury, Bodily Injury and Property Damage arising out of,
or as a result of `your work."
(c) Primary and Non -Contributory: This coverage shall be primary to the Additional Insureds, and not
contributing with any other insurance or similar protection available to the Additional Insureds, whether the other
available coverage be primary, contributing or excess.
(d) Cancellation Notice: For all insurance policies, as described above, Contractor shall provide at
least thirty (30) days advance written Notice of Cancellation or Non -Renewal, sent to: Silver Bay Seafoods, 208
Lake Street, Suite 2E, Sitka, Alaska 99835. All insurance certificates for policies as described above, shall state:
"should any of the above described policies be cancelled before the expiration date thereot; notice will be delivered
in accordance with the policy provisions"
(e) Waiver of Subrogation: Contractor and Company shall have no liability to one another, or to any
insurer, by way of subrogation or otherwise, on account of any loss or damage regardless of whether such loss or
damage is caused by the negligence of Contractor and Company, arising out of any of the perils or casualties insured
against by the insurance coverage carried, or required to be carried, by the parties pursuant to this Agreement. The
insurance coverage obtained by Contractor as required herein shall permit waivers of subrogation which the insurer
may otherwise have against the non -insuring party. In the event the policy or policies do not allow waiver of
subrogation prior to loss, either Contractor or Company shall, at the request of the other party, deliver to the
requesting party a waiver of subrogation endorsement in such form and content as may reasonably be required by
the requesting party or its insurer."
(f) Certificates of Insurance: Contractor shall provide Company with two (2) Certificates of Insurance
and/or copies of policies acceptable to Company for the coverages listed herein. Contractor will provide Company
with certificates of insurance and other supporting materials as Company may reasonably request to verify
Contractor's continuing compliance with this Rider.
(g) Continuation of Coverage: If any of the above coverages expire during the term of this Agreement,
Contractor shall deliver renewal certificates and/or policies to Company at least ten (10) days prior to the expiration
date.
(h) Contractor will be liable for all loss or damage, other than ordinary wear and tear, to Company's
property in Contractor's possession or control. In the event of any such loss or damage, Contractor will pay
Company the full current replacement cost of such equipment or property within thirty (30) days after its loss or
damage.
(i) Survival: The duties required under this Section 9 shall survive the termination or expiration of this
Agreement.
0) Contractors. Contractor shall bind its contractors, subcontractors and consultants to the same
insurance policy limits and coverage which Contractor assumes towards Company, and shall provide evidence of
such coverage to Company.
10. Termination
(a) Either parry may terminate this Agreement upon the other parry's material breach of this
Agreement, provided that (i) the non -breaching party sends written notice to the breaching party describing the
breach in reasonable detail, (ii) the breaching party does not cure the breach within ten (10) days following its
receipt of such notice, and (iii) following the expiration of the 10-day cure period, the non -breaching party sends a
second written notice to the breaching party indicating the non -breaching party's desire to terminate this Agreement.
(b) This Agreement may be terminated immediately upon written notice by either parry if the other
party (i) becomes insolvent or involved in a liquidation or termination of its business, (ii) is generally not paying its
debts as they become due, (iii) commences any proceedings relating to such parry under any federal or state law
relating to bankruptcy, insolvency, reorganization or similar laws, (iv) applies for the appointment of a trustee,
liquidator, or receiver of any part of its assets, (v) has a proceeding commenced against it relating to the appointment
of a trustee, liquidator or receiver or pursuant to any proceedings under any federal or state law relating to
bankruptcy, insolvency, reorganization, or similar laws (if not dismissed within 30 days of filing), (vi) becomes
involved in an assignment for benefit of its creditors, or (vii) becomes adjudicated bankrupt.
11. Effect of Termination. If this Agreement is terminated pursuant to and in accordance with Section 10upon
delivery of a notice of termination (a) the parties shall cooperate to effect an orderly, efficient, effective and
expeditious termination of their respective activities under this Agreement; (b) Contractor shall return to Company
any and all items delivered by Company to Contractor; (c) Contractor shall reimburse Company for any prepaid
expenses not incurred prior to delivery of the notice of termination; and (d) the parties' respective rights and
obligations under Sections 5 6 7 9 11 12 16 17 and 18 of this Agreement shall survive without limitation as to
time. Further, if this Agreement is terminated for any reason other than a material breach or payment default by
Company hereunder, Company may withhold payments otherwise due hereunder, procure substitute Services from
third -party vendors, seek damages from the Contractor, and/or proceed against Contractor under the Arbitration
Provision in Section 17 for any and all other remedies available in equity or at law. If Contractor is not in default
hereunder, Contractor shall be paid by Company for that portion of the Services actually performed and for
documented expenses incurred by Contractor and authorized by Company prior to delivery of the notice of
termination, provided, however, that Company shall not be held liable for any other damages, including any loss of
anticipated profits.
12. Compliance with Laws. Contractor will (a) pay for all local, state and federal income tax and other
withholding relating to Contractor's compensation, (b) pay all social security, unemployment, disability and other
taxes as required under local, state and federal laws, (c) provide all worker's compensation and other insurance
relating to Contractor's employment, and (d) obtain and pay for all permits and licenses and comply with all local,
state and federal laws, ordinances, regulations and orders with respect to its performance of the Services.
13. Non -Waiver of Riehts. The failure of either party to insist upon performance of any provision of this
Agreement, or to exercise any right, remedy or option provided herein, shall neither be construed as a waiver of the
right to assert any of the same or to rely on any such terms or conditions at any time thereafter, nor in any way affect
the validity of this Agreement.
14. Severability. If any covenant, condition, term, or provision contained in this Agreement is held or
determined to be invalid, illegal, or unenforceable in any respect, in whole or in part, such covenant, condition,
term, or provision shall be severed from this Agreement, and the remaining covenants, conditions, terms and
provisions contained herein shall continue in force and effect, and shall in no way be affected, prejudiced or
disturbed thereby.
15. Assi rng Went. The Contractor may not sell, assign, transfer, or otherwise convey by contract, operation of
law (including by merger or other sale of control) or otherwise any of its rights or delegate any of its duties under
this Agreement without the prior written consent of Company, which consent shall not be unreasonably withheld.
A permitted buyer, transferee or assignee shall acknowledge in writing, upon request, its assumption of all liabilities
and obligations under this Agreement. Any sale, transfer, assignment or conveyance made in violation of this
section is void.
16. Applicable Law and Jurisdiction. This Agreement shall be governed by and construed under the laws of
the State of Alaska, without regard to its laws relating to conflict of laws. Any legal action or proceeding shall be
brought in the courts in Anchorage, Alaska and shall not be brought in any other jurisdiction. Each party hereby
irrevocably accept the nonexclusive jurisdiction of such courts.
17. Disputes, The Parties shall make good faith efforts to resolve any and all claims, controversies, or
disputes arising out of or relating to this Agreement, including without limitation, any claim, controversy, or dispute
concerning any threatened, alleged, or actual breach of this Agreement or any determination, negotiation, or
agreement reached by the Parties under this Agreement (each a "Dispute") as set forth in this Section 17.
(a) The Dispute shall first be submitted in writing to each of the Designated Representatives listed by
the Parties in Section 20 and such Designated Representatives shall attempt to resolve the Dispute within thirty
(30) days of such submittal.
(b) If the Designated Representatives are unable to resolve the Dispute within the 30-day period
provided in Subsection (a) and either Party wishes to continue to pursue the Dispute, that Party shall submit the
Dispute in writing to the chief executive officer of each Party for resolution, and such officers shall attempt to
resolve the Dispute within thirty (30) days of such submittal. The parties agree to negotiate in good faith to reach
a mutually agreeable resolution of such dispute within a reasonable period of time.
18. Indemnification and Hold Harmless
(a) Contractor will indemnify, defend and hold harmless Company and its directors, officers,
employees, agents, subsidiaries, and parents from and against all claims, damages, losses and expenses (including
attorneys' fees) arising out of or in connection with (i) any breach of this Agreement by Contractor; (ii) any acts or
omissions of, Contractor, its employees or agents in the performance of the Services; (iii) any inaccuracy in the
representations and warranties made by Contractor under this Agreement; (iv) any injuries to employees of
Contractor; or (vi) any claims by employees of Contractor that they are entitled to the benefits of employment by
Company.
(b) Company will indemnify, defend and hold harmless Contractor and its directors, officers,
employees, agents, subsidiaries, and parents from and against all claims, damages, losses and expenses (including
attorneys' fees) arising out of or in connection with (i) any breach of this Agreement by Company; (ii) any
inaccuracy in the representations and warranties made by Company under this Agreement; (iv) any injuries to
employees of Company, unless such injuries are caused by the work, actions, or omissions of Contractor; or (v) any
claims by employees of Company that they are entitled to the benefits of employment by Contractor.
(c) Without in any way limiting the foregoing Section 18(a). Contractor will indemnify, protect, save,
and hold harmless Company and its directors, officers, employees, agents, subsidiaries, and parents and their
property, free and clear of (i) any liens, claims, assessments, fines, levies and/or stop notices ("Liens") asserted by
or resulting from the actions or inactions of Contractor's employees, agents, subcontractors, suppliers, vendors, or
materialmen, (ii) any Liens asserted by any other third party, and (iii) any Liens based on overdue or other deficient
handling of charges for labor, equipment and/or materials by Contractor. Company may, in its sole discretion, pay
and discharge any Liens or overdue charges for Contractor's subcontractors, suppliers, vendors, or materialmen,
equipment and/or materials under or otherwise in conjunction with this Agreement and may thereupon deduct the
amount or amounts so paid by Company from sums due or which thereafter become due to Contractor hereunder.
19. Waiver of Jury Trial, Each Party knowingly, voluntarily, and intentionally waives any right to a trial by
jury of any issue. This waiver of right to trial by jury is intended to encompass individually each instance and each
issue as to which the right to trial by jury would otherwise accrue.
20. Multiple Copies or Counterparts of Agreement. This Agreement may be executed in one or more
counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same
instrument. This Agreement shall not be effective until the execution and delivery between each of the parties of
at least one set of counterparts.
21. Notices. All notices, documents and other communications (collectively in this paragraph "Notices") to be
given or delivered under this Agreement shall be deemed to have been duly given and delivered by a party if in
writing and (i) delivered in person by hand, (ii) sent by registered or certified mail, postage prepaid, return receipt
requested, (iii) sent by reputable overnight courier service, or (iv) transmitted by facsimile transmission or electronic
mail; in each case properly addressed to the designated representative for the other party. Unless otherwise notified
in writing, the designated representative for matters related to this Agreement shall be:
For Company
For Contractor:
Silver Bay Seafoods — Kodiak LLC
208 Lake Street, Suite 2E
Sitka, Alaska 99835
David Hilty
1834 Misson Road,
Kodiak, AK 99615
M
Notices delivered personally are deemed delivered as of actual receipt; Notices sent by facsimile transmission or
electronic mail are deemed delivered as of receipt by the sender of written confirmation of transmission thereof,
Notices sent via overnight courier shall be deemed received as of confirmation of delivery; and Notices mailed are
deemed delivered as of three (3) business days after proper mailing. A party may designate an additional or another
designated representative or change addresses for the receipt of Notices from time -to -time by giving written notice
to the other party.
22. Waiver or Modification. This Agreement may not be modified, and no part or parts hereof waived, except
by an instrument in writing specifically referencing this Agreement and signed by both parties hereto.
23. Force Majeure. Neither party to this Agreement will be liable to the other party for delays in performing
the work, or for the direct or indirect cost resulting from such delays, that may result from acts of God, acts of
Government authorities, extraordinary weather conditions, other natural catastrophes, or any other cause beyond
the reasonable control or contemplation of either party. Each party will take reasonable steps to mitigate the impact
of any force majeure.
24. Entire Agreement. This written Agreement contains the entire understanding and agreement of the parties,
as to the topics described herein. No prior or contemporaneous statement or representation, whether oral or written,
has been relied upon by the parties, except as expressly stated herein.
25. Binding Effect. The terms, covenants and conditions of this Agreement shall bind and inure to the benefit
of the parties and their successors and permitted assigns.
26. Conflicting Provisions. This Agreement and any attachments, exhibits, schedules, and documents attached
hereto are intended to be read and construed in harmony with each other, but in the event any provision in any
attachment conflicts with any provision of this Agreement, then this Agreement shall be deemed to control, and
such conflicting provision, to the extent it conflicts, shall be deemed removed and replaced with the governing
provision herein.
27. Corporate Authority. Each individual executing this Agreement on behalf of a party represents and
warrants that he or she is duly authorized by proper corporate action of the parry to execute and deliver this
Agreement on behalf of the party, and that this Agreement is binding upon said party in accordance with its terms.
28. Further Assurances. The Parties agree that they shall take all appropriate actions, including the execution
or filing of any documents or instruments, that may be reasonably necessary or advisable to carry out the intent and
accomplish the purposes of any of the provisions of this Agreement.
29. Interpretation. The captions and headings used in this Agreement are solely for the convenience of the
parties, and shall not be used in the interpretation of the text of this Agreement. Each party has read and agreed to
the specific language of this Agreement and has had the opportunity to discuss this Agreement with their respective
legal counsel; therefore no conflict, ambiguity, or doubtful interpretation shall be construed against the drafter.
30. Third Party Beneficiaries. This Agreement does not create, and shall not be construed as creating, any
rights or interest enforceable by any person not a party to this Agreement.
31. Time of Essence. Time is of the essence in each and every term, covenant and condition of this Agreement
IN WITNESS WHEREOF, the parties have entered into this Agreement as of the date first set forth above.
SILVER BAY SEAFOODS, LLC
By:
Name: Kevin Kramer
Title: Capital Project Manager - For its Manager Silver
Bay Seafoods, LLC
Address:
Silver Bay Seafoods — Kodiak, LLC
208 Lake Street, Suite 2E
Sitka, Alaska 99835
DAVID
By:
Name: DavidL
Title:
Address:
David Mlty
1834 Misson Road,
Kodiak, AK 99615
0
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NEW BUILDING
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EXISTING FILL _
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APPLICANT: AGENT:
SILVER BAY SEAFOODS R&M ENGINEERING—KETCHIKAN
4039 21ST AVE W, S201 7180 REVILLA ROAD, SUITE 300
SEATTLE. WA 98199 KETCHIKAN, AK 99901
DATE: 12/19/22 KODIAK, AK
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SELF TAPPING
SCREW
1/8"FIBERGLASS
PILEFORM'm F
JACKET
CONTOUR
OF ORIGINAL
PILE
EPDXY
PASTE
CONCREFE
OR EPDXY
GROUT
HOSE
SILVER BAY KODIAK FISH PLANT
PILE REPAIR DETAIL
APPLICANT: I AGENT:
SILVER BAY SEAFOODS R&M ENGINEERING-KETCHIKAN
4039 21ST AVE W, S201 7180 REVILLA ROAD, SUITE 300
SEATTLE, WA 98199 KETCHIKAN, AK 99901
DATE: 12/19/22 KODIAK, AK
SHEET: 9 OF I WATER BODY: KODIAK HARBOR