USS 3945 T27S R19W - ZCP 6/17/2025Zoning Compliance Permit
Kodiak 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
Permit No.
The following information is to be supplied by the Applicant
Property Owner/Applicant: Removal of GCI Equipment located on Crown Castle Tower / Rusty Humberson
Mailing Address: 2550 Denali Street, Suite 1000, Anchorage, AK 99503
Phone Number: 504-400-8758
Other Contact Email, etc..: lumberson@gci.com
Legal Description:
Subdv: 3945
Block: T27S Lot:R19W
Street Address:1 Pillar Mountain Road, Kodiak, AK 99615
Use & Size of Existing Structures: This is a Crown Castle 100' self support cell tower.
Description of Proposed Action: GCI is proposing to decommission our ACS Pillar Mountain cell site.
Removal of GCI ground equipment, lines and antennas from the cell tower. Will remove the
shelter which houses our radios and other equipment which will also be removed.
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 ofbuilding setback (yard) requirements.
Title: Site Acquisition Specialist Print Name: Rusty Hum/bberson
Date:5-14-2025 Signature: �fz y h944&1f�
Site Plan to include lot boundaries and existing easements and buildings, proposed location ofnew 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.
°` Staff Compliance Review
` Does the.Project involve EPA Proof of EPA notification pryvded (if required)?
%.� 'bef nea Facility? `/and
uildings, 'Required for all demos, renov s disturbing at least UO sq
�( Installations, institutioences feet, 260 lineafeet, or 35 c fl of Regulated Asbestos Containing
"I With more than founites` Material (RACM) and for re lion 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 issuedfor the same construction permit. If no building permit has
been pulled the expiration date is six (6) months from date ofappraval.
Current Zoning: (1, - 0. Prop. ID: Ilt
Lot Area: Lot Width: 750` Building Height:5
Front Yard: L 5 ' Side Yard: 'ZS • Rear Yard:
Parking Plan: N%IA- Parking Spaces: t\jkA,, As -Built: N 116r-
Staff Notes:
Date: U
Payment Verification
Waived:
Less than 1.75 Acres:
1.76 to 5.00 Acres:
5.01 to 40.00 Acres:
40.01 Acres or more:
Staff Certification
CDD
After the Fact 2X the published amount
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LEASE AGREEMENT
01�, �l�eitrsd
PILLAR MOUNTAIN COMMUNICATION SITE NO 1 citp rK�yfaa
New Cingular Wireless PCS, LLC
THIS LEASE, made this 1st day of January 2010, by and between the CITY OF KODIAK, an
Alaska municipal corporation, herein referred to as "Lessor," and New Cingular Wireless PCS,
LLC, successor in interest to Dobson Cellular Systems of Alaska, LLC, herein referred to as
"Lessee," provides as follows:
1. Leased Premises. Upon the terms and conditions herein set forth and subject to the prompt
payment and performance by Lessee of each and every sum and other obligation hereinafter
referred to, the Lessor does hereby lease, let, and demise to the Lessee, and the Lessee does
hereby lease from the Lessor the following described premises:
Commencing at a brass cap monument set in a gun turret "U.S. Army Corp of
Engineers Alkod Rm 2". Thence N 5l ° 20' 30" E 2433.4l' to the true point of beginning.
Thence S 88' I T 08" E, 80.00 feet;
Thence S 01 ° 42' 52" W, 40.00 feet;
Thence N 88 ° 17' 08" W, 80.00 feet;
Thence N 01 ° 42' 52" E, 40.00 feet to the true point of beginning.
Containing 3200.0 square feet more or less
These leased premises are hereinafter referred to as the "Site."
2, Term, ]-his (_.ease shall continue in effect for a period of (5) five years from January 1.
2010, through December 31. 2014, provided, however_ that either party shall have the right to
cancel this Lease upon One Hundred and Eighty (180) days written notice in advance of the date
of such cancellation, such notice to be by certified mail sent to the usual mailing address of the
party to be notified. The provisions of Kodiak City Code section 18.20.350 in effect on the day
and year first above written shall govern the Lessee's re -lease rights.
3. Rental. Lessee agrees to pay as and for rent the sum of _annually in monthly
installments which fall due on the first of each calendar month for the first year of the Lease term
and according to the following schedule for the remaining four years.
YEAR RENTAL
2 of Year 1
3 of Year 1
4 of Year I
05 of Year I
If a monthly installment is not paid by the fifth of the month in which it becomes due, a penalty
o= will be added to the rental amount; and, in addition. simple interest shall accrue and be
added to the rental amount at the rate of -per arimtm from the due date until paid.
4. Conditions of Lease. The premises shall be used solely as a communications site for a
cellular telephone system during the five-year least term. The property will house a 100' self -
Pillar Mi. Communication Site. No. 11 V
December 31, 2014
City Contract No. 157749
New Cingular Wireless PCS. LLC
Revised June 2010. Seplember 2010, December 2010. July 201 1, fl August 2011 Page I of 6
supporting radio tower, a 10' X 20' communications equipment shelter, and propane powered
backup generator.
5. Improvements. Lessor shall have the right to make additions, alterations, or improvements
to the Site which will not impede Lessee's access to or use of the Site. Lessee shall have the right
to erect or construct a suitable building and/or associated structures as provided in Section 4.
Any improvements constructed by Lessee shall be consistent with the limited use of the Site
authorized by this Lease and shall be constructed at Lessee's expense. Upon termination of this
Lease, such improvements shall become the property of Lessor or, at Lessee's option, removed
by Lessee at its sole expense. The Lessee shall permit the Lessor, at the Lessor's expense, to
connect the equipment shelter for the Lessor's public safety communications system to the
backup power supply in the communications shelter that Lessee has constructed on the Premises.
Notwithstanding anything in Section 6 to the contrary, the Lessor shall be solely responsible for
maintaining the connection, and the Lessee shall provide the Lessor with reasonable access to the
Lessee's communications equipment shelter for that purpose.
6. Maintenance. Except as otherwise specifically provided herein, the Lessee shall, at all
times and at its sole expense, keep and maintain the premises in good repair, and in neat, orderly,
and slightly condition. Lessee shall not cause or permit any litter, debris, or refuse to be
accumulated or stored upon the premises and shall promptly remove all such materials without
cost to Lessor.
7. Indemnity. Lessee shall defend, indemnify, and hold Lessor, its officers, agents, and
employees harmless against any and all actions. snits, proceedings, claims, loss, liens, costs,
expense. and liability of evert kind and nature whatsoever. including. but not limited to,
altorney's fees reasonably incurred for response or defense of iniury to or death of persons or loss
of or damage to property, including property, owned by the Lessor: caused b) of incurred as a
result of Lessee's use and occupancy of the premises under this Lease. This provision shall not
apply to claims, actions; damages, losses. or proceedings caused solely by the negligence of
officers. agents, or employees of Lessor.
8. Insurance. Lessee shall fu rlher procure and maintain at its sole expense; and keep in full
force and effect. a commercial general liability policy in the amount of ONE MILLION
DOLLARS ($1,000,000) each occurrence and in the aggregate for bodily injury or death
resulting therefrom and properly damage. Lessor and its officers and employees shall be included
as insureds in such required policy, and the policy shall provide (hat the insurer shall endeavor to
provide at least thirty (30) days advance written notice to Lessor before any cancellation or non -
renewal during the term of this Lease. The Lessee shall provide the Lessor with proof of such
insurance pursuant to this paragraph prior to the effective date of this Lease, and this Lease shall
not become effective until and unless such proof is made. Unless otherwise expressly agreed to
in writing by the Lessor. all insurance coverage required to be obtained under this paragraph
shall be placed with a carrier licensed to do business in the State of Alaska. No insurance
coverage required by this Lease shall be obtained pursuant to a "claims made" policy unless. at
the time such insurance is procured a "tail" policy covering all insured risks is also obtained.
9. Environmental. A. For purposes of this section:
v
Pillar Mi. Communication Site. No. I I
December 31, 2014
City Contract No. 157749
New Cingutar Wireless PCs, LLC
Revised June 2010: September 2010, December 2010. July 2011, & August 2011 Page 2 of 6
i. Environmental Requirement shall mean any law, regulation; or legal requirement
relating to health, safety, or the environment, now in effect or hereinafter enacted, including but
not limited to the Comprehensive Environmental Response Compensation and Liability Act
(CERCLA), the Toxic Substances Control Act (TSCA), the Federal Insecticide Fungicide and
Rodenticide Act (FIFRA), the Resource Conservation and Recovery Act (RCRA), the Clean Air
Act (CAA) and the Clean Water Act (CR)A), the Occupational Safety and Health Act (OSHA)
and all similar state and local laws, rules, regulations, and guidance, now in existence or
hereinafter enacted, as each such law, rule, or regulation may be amended from time to time.
ii. Environmental Hazard shall mean Hazardous Materials (as defined hereinafter), or
the storage, handling, production, disposal, treatment, or release thereof.
iii. Hazardous Material shall mean
(a) any hazardous waste, any extremely hazardous waste, or any restricted
hazardous waste, or words of similar import, as defined in the Resource Conservation
and Recovery Act (42 USC §6901 et seq.)
(b) any hazardous substances as defined in the Comprehensive Environmental
Response, Compensation and Liability Act (42 USC §9601 et seq.)
(e) any toxic substances as defined in the Toxic Substances Control Act (15 USC
§2601 et seq.)
(d) any pollutant as defined in the Clean Water Act (33 USC § 1251 et seq.)
(e) gasoline, petroleum, or other hydrocarbon products or by-products
(f) asbestos
(g) any other materials, substances, or wastes subject to environmental regulation
trader any applicable federal, state, or local law, regulation, or ordinance now or
hereafter in effect
it. Environmental Liabilities shall mean any liability. penalties, fines: forfeitures.
demands, damages, losses. claims, causes of action. suits, judgments. and costs and
expenses incidental thereto (including cost of defense. settlement, reasonable attorneys'
Ices, reasonable consultant fees. and reasonable expert fees), arising lrom or based on (i)
environmental contamination or the threat of environmental contamination or (ii)
noncompliance, or violation of. any Environmental Requirement and shall include, but
not be limited to, liability arising from
(a) any governmental action. order, directive, administrative proceeding. or ruling
(b) personal or bodily injuries (including death) or damages to art%, property
(including loss of use) or natural resources
(c) clean-up, remediation. investigation, monitoring, or other response action
%. Environmental Release shall mean any release, spill, leak, discharge, injection.
disposal, or emission of any Hazardous materials into the environment.
B. At all times during the term of the Lease. Lessee shall conduct its activities at the
Premises, and shall ensure that any invitee of Lessee conducts its activities at the Premises in
strict compliance with all applicable Environmental Requirements.
C. Notwithstanding any other provision of this Lease, Lessee agrees to indemnify and
hold harmless Lessor, Lessor's successors and assigns, and Lessor's present and future officers,
directors, employees; and agents. (collectively "Lessor indemnitees") from and against any and
all Environmental Liabilities which Lessor or any or all of the Lessor Indemnitees may hereafter
suffer, air, be responsible for, or disburse as a result of any Environmental Hazard at the
Premises to the extent caused by or attributable to Lessee or Lessee's activities, including any
Pillar Mt. Communication Site. No. I I v
December 31, 2014
City Contract No. 157749
New Cingular Wireless PCs, LLC
Revised June 2010, September 2010, December 2010. )uly 2011, & August 2011 Page 3 ore,
Transaction Receipt - Success
Kodiak Island Borough
Kodiak Island Borough Community Development
MID:200006988265
710 Mill Bay Road
Kodiak, AK 99615
907-486-9323
06/13/2025 09:01AM
Remittance ID:
Kodiak061325125834977Cur
Transaction ID:
337087095
RACHELSCHUEGER
2550 Denali Street Suite 1000
ANCHORAGE, Alaska 99503
United States
Visa - 8204
Approval Code: 032709
Sale
Amount: 5270.00
GCI
5044008758
CZ2025-042/044 BZ2025-048
3174 Mill Bay Road
Service Fee: $6.75
Service Fee Type: Dual Transaction
Total Amount: $276.75
Cardmember acknowledges
receipt of goods and/or
services in the amount of
the total shown hereon and
agrees to perform the
obligations set forth by the
cardmember's agreement with
the issuer.
Signature
click here to continue.