T27S R22W KIZHUYAK BAY - ZCP 8/31/2016f,• �` Kodiak Island Borough
r, Community Development Department
F 710 Mill Bay Rd. Rm 205
dab .
Kodiak AK 99615
Ph. (907) 486 - 9363 Fax (907) 486 - 9396
http://www.kodiakak.us
Zoning Compliance Permit
Print Form Submit by Email
18801
Permit No. BZ2017-024
The following information is to be supplied by the Applicant:
Property Owner/ Applicant: Owner: Afognak Native Corp/Lessee: Kodiak Microwave Systems, LLC (Dan Delauder, authorized agent)
Mailing Address: Afognak: 300 Alimaq Dr., Kodiak, AK 99615/KMS: 2702 Denali St. Ste 100, Anchorage, AK 99503
Phone Number:
Other Contact email, etc.:
Legal Description:
Street Address:
Use & Size of Existing Structures:
Afognak: (907) 486-6014/KMS:(907) 278-6100
Afognak: lands@afognak.com/KMS: cgatter@oldharbor.org
Subdv: 5,026.5 sq. ft. site within Section 35, T.27S, R.22W, SM Block: Lot:
NHN (Approximately 7 miles southeast of the City of Port Lions)
Vacant
Description of Proposed Action: Construction of a 50' tall microwave communication repeater tower and related support facilities as
depicted on attached site plan per Conditional Use Permit and Variance approved on 7-13-2016 (P&Z Case Nos. 16-021 and 16-022, ap-
proval letters attached).
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: Conservation KIBC 17.50
Lot Area: 5,026.5 sq. ft. lease site Lot Width: 250'
Front Yard: 25'
Rear Yard: 25'
Prk'g Plan Rvw? Not Applicable # of Req'd Spaces: 0
PROP—ID 18801
Bld'g Height: 35'
Side Yard: 25'
Staff Compliance Review Notes:
Plat / Subdivision Requirements? All conditions of approval for approved Conditional Use Permit apply (P&Z Case No. 16-021,
copy of approval letter with conditions is attached).
Subd Case No. Plat No. Bldg Permit No. N/A
Does the project involve NO
an EPA defined facility?
*Commercial buildings, installations (military bases),
institutions (schools, hospitals) and residences with
more than four (4) dwelling units.
Driveway N/A
Permit?
Septic Plan N/A
Approval:
Fire N/A
Marshall:
Proof of EPA notification provided (if required)? N / A
*Required for all demolitions, for renovations disturbing at least 160 square
feet 260 linear feet or 35 cubic feet of Regulated Asbestos Containing Material (RACM), and
for renovations that remove a load -supporting structural member.
No permit will be issued for such projects without proof of EPA notification
Applicant Certification: /hereby certify that I will comply with the provisions of the Kodiak Island Borough Code and thatl
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? Site Plan
List Other: Lease agreement, agent auth, and CUPNariance approval letters
Date: Aug 31, 2016 Signature: Dan Delauder, Authorized Agent for Kodiak Microwave Systems, LLC
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 NOT AUTHORIZE CONSTRUCTION WHEN A BUILDING PERMIT IS REQUIRED.
** EXPIRATION: Anyzoning compliance permit issued is subject to the same expiration, suspension, and revocation provisions as a
building permit issued for the some construction permit.**
CDD Staff Certification
Date: Aug 31, 2016 CDD Staff: Jack Maker
Payment Verification Zoning Compliance Permit Fee
A
AUG 312016
Not Applicable ❑
KODIAK ISLAi IJ',',SQ ,Q�M acres: ❑x
FINANCE DEPARTMENT o acres:
in Cashier's Office Room # 104 - Main floor of Borough Building
$0.00
$30.00
$60.00
5.01 to 40.00 acres: ❑ $90.00
40.01 acres or more: ❑ $120.00
After -the -Fact 2X the published amount
❑ $0.00
❑ $60.00
❑ $120.00
❑ $180.00
0 $240.00
PAYMENT DATE Kodiak Island Borough BATCH NO.
08/31/2016 710 Mill Bay Rd. 2017-00000089
COLLECTION STATION Kodiak, AK 99615 RECEIPT NO.
CASHIER 2017-00000248
RECEIVED FROM CASHIER
Remote Services Inc Cashier
DESCRIPTION
Zoning Permit BZ2017-024 Zoning Permit BZ2017-025 Zoning Permit BZ2017-026 Zoning Permit BZ2017-027
PAYMENT CODE IRECEIPT DESCRIPTION ' TRANSACTION AMOUNT
I Zoning _Compliance Permit 0�
Payments: Type Detail Amount
Gash $120.00
Total Amount: 1 $120.00
Customer Copy
Printed hv- Cashier Pane 1 of 1 OR/31/2016 03.05.36 PM
:z I-
July 20, 2016
F.IL-60W
Kodiak Island Borough
Community Development Departnietit
710 Mill Bay Road
�;. ' Kodiak, Alaska 99615
Phone (907) 486-9363 Fax (907) 486-9396
www.kodiakak.us
Afognak Native Corporation
300 Alimaq Drive
Kodiak, AK 99625
Re: Case 16-021. Request for a conditional use permit to construct a passive microwave
communication repeater tower on a portion of Section 35, T.27S, R.22W, Seward
Meridian (KIBC 17.200 and 17.50.040.H). This tower is part of a system that will
provide broadband internet and other telecommunications services to the communities of
Larsen Bay and Karluk.
Dear Sir or Madam:
The Kodiak Island Borough Planning and Zoning Commission at their meeting on July 13, 2016,
granted the conditional use permit request cited above, subject to the following conditions:
1. Natural vegetation immediately surrounding the facility will be preserved to the maximum
extent possible.
2. Should the site be abandoned for any reason, the site will be cleared of all improvements and
returned to a natural state within one year of abandonment.
3. Any modification that would substantially alter the visual impact or permitted purpose of the
facility will require a new Conditional Use Permit.
4. A signed copy of the site lease between Kodiak Microwave Systems, LLC (lessee) and
Afognak Native Corporation (lessor) shall be provided to the Community Development
Department prior to issuance of zoning compliance.
THIS APPROVAL DOES NOT ALLOW ANY CONSTRUCTION TO BEGIN. Zoning
compliance and/or a building permit must first be obtained. An approved conditional use permit
must be permitted within a two-year period to be valid. Please contact this office for further
details.
According to KIBC 17.200.080:
The commission's action may be appealed to the assembly by any party by filing a written notice
of appeal with the Borough Clerk within twenty (20) calendar days of the Commission's
decision. The notice of appeal must state the specific grounds for the appeal and the relief
sought by the appellant, and is accompanied by the $350 appeal fee. Therefore, the
Commission's decision will not be final and effective until twenty (20) days following the
decision.
This letter shall constitute the conditional use permit. Please bring it when you come to our
office to obtain zoning compliance for any construction on the property.
The Commission adopted the following findings in support of their decision:
FINDINGS OF FACT
1. The Conditions of Approval for this conditional use should ensure that the value, spirit,
character, and integrity of the surrounding area are maintained.
2. The conditional use will fulfill all the requirements of the C -Conservation zoning district.
3. This facility will not be harmful to the public health, safety, convenience, or comfort. The
project is designed in accordance with acceptable engineering standards and will be
constructed, maintained, and operated in accordance with all applicable federal, state, and
local requirements.
4. The selected site fulfills all engineering requirements and provides for sufficient setbacks,
buffers, and other safeguards.
5. This facility is specifically located to provide broadband internet and other
telecommunications services to the communities of Larsen Bay and Karluk.
If you have any questions about the action of the Commission, please contact the Community
Development Department at 486-9363.
Sincerely,
Sara Mason, Director
Community Development Department
CC: Carl Gatter, Kodiak Microwave Systems, LLC
Nova Javier, Borough Clerk
Planning and Zoning Commission
July 20, 2016
Afognak Native Corporation
300 Alimaq Drive
Kodiak, AK 99615
Kodiak Island Borough
Community Development Department
710 Mill Bay Road
Kodiak, Alaska 99615
Phone (907) 486-9363 Fax (907) 486-9396
www.kodiak.ak.us
Re: Case 16-022. Request for a Variance to construct a 50' tall passive microwave
communication repeater tower that exceeds the C -Conservation zoning district 35'
building height limit on a portion of Section 35, T.27S, R.22W, Seward Meridian (KIBC
17.195 and 17.50.070). This tower is part of a system that will provide broadband
internet and other telecommunications services to the communities of Larsen Bay and
Karluk.
Dear Sir or Madam:
The Kodiak Island Borough Planning and Zoning Commission at their regular meeting on July
13, 2016 granted a variance, per KIBC 17.195 and 17.50.070, to construct a fifty (50) foot tall
microwave communication repeater tower that exceeds the C -Conservation zoning district thirty-
five (35) foot building height limit by fifteen (15) feet on a leased site approximately 7 miles
southeast of the City of Port Lions within Section 35 of T.27S, R.22W, Seward Meridian, and to
adopt the findings of fact listed in the staff report entered into the record for this case as
"Findings of Fact" for Case No. 16-022.
THIS APPROVAL DOES NOT ALLOW ANY CONSTRUCTION TO BEGIN. Zoning compliance
and/or a building permit must first be obtained. Failure to utilize an approved variance within
twelve (12) months after its effective date shall cause its cancellation. Please contact this office
for further details.
An appeal of this decision may be initiated by; 1) the applicant, or 2) any person or party
aggrieved, by filing a written notice of appeal with the Borough Clerk within ten (10) calendar
days of the Commission's decision. The notice of appeal must state the specific grounds for the
appeal and the relief sought by the appellant, and accompanied by the appropriate appeal fee.
Therefore, the Commission's decision will not be final and effective until ten (10) calendar days
following the decision. For more information on the appeal process please contact the Borough
Clerk's Office at 486-9310.
This letter shall constitute the variance. Please bring it when you come to our office to obtain
zoning compliance for any construction on the property.
The Commission adopted the following findings of fact in support of their decision:
Page 1 of 2
FINDINGS OF FACT
1. The geographical locations of the City of Larsen bay and Village of Karluk require a highly
elevated site and the use of a communications tower that exceeds the tower height required
to provide similar broadband internet and telecommunications services to other
communities.
2. The strict application of the Conservation zoning 35 foot building height limit would deny the
communities of Larsen Bay and Karluk services that are currently enjoyed by other
communities within the Borough.
3. The site is more than adequately isolated from developed areas and provides for sufficient
setbacks, buffers, and other safeguards. The project is designed in accordance with
acceptable engineering standards and will be constructed, maintained, and operated in
accordance with all applicable federal, state, and local requirements. The recommended
conditions of approval for the Conditional Use Permit for this tower (Case No. 16-021)
should further ensure that this variance does not result in material damage or prejudice to
other properties in the vicinity nor be detrimental to the public's health, safety or general
welfare.
4. This variance is consistent with various Comprehensive Plan land use, education, and
economic goals.
5. The special conditions from which relief is being sought are caused by the geographical
location of the communities the tower will serve, not the applicant. The construction of a
tower that exceeds the building height limit is required to overcome those special conditions.
6. A communications facility is a conditional use for Conservation Zoning. The applicant has
applied for the required Conditional Use Permit (Case No. 16-021). Should that Conditional
Use Permit and this variance be granted, zoning compliance may be issued for construction
of this facility.
If you have any questions about the action of the Commission, please contact the Community
Development Department at 486-9363.
Sincere ,
Sara Mason, Director
Community Development Department
CC: Carl Gatter, Kodiak Microwave Systems, LLC
Nova Javier, Borough Clerk
Planning and Zoning Commission
Page 2 of 2
PUBLIC HEARING ITEM 7-D
P & Z REGULAR MEETING: JULY 13, 2016
N
KIB Location & Zoning Map :E
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Approximate tower location
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\14
Zoning Legend
�] Public Use Lands 0 Rural Residential 1
Multi Family Residential Light Industrial
0 Watershed - Rural Residential 2
% Business
Rural Neighborhood Commercial
Conservation 0 Single Family Residential Retail Business
® Urban Neighborhood Commercial
0 Rural Residential 0 Two Family Residential
Industrial
Natural Use
Kodiak Island Borough GIS
Community Development Department
=__= Access Roads
http://www.kodiakak.us/gis (907) 486-9337
This map is provided for informational purposes
only and is not intended for any legal representations.
____
(' j Unconstructed Right of Ways
Case No. 16-021 Introduction
PUBLIC HEARING ITEM 7-D
P & Z REGULAR MEETING: JULY 13, 2016
Case No. 16-021 Introduction
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Coordinate List for Tower Center Points 08/17%2016
Larsen Bay tower center point;
Pty# 9101
State Plane Coordinates Zone 5, Alaska (U.S. Survey Feet)
N 1291614.458
E 1643940.801
EI = 31.0' (NAVD88 computed using geoid 12b)
WGS 84 Coordinates. NAD83 (Degrees, Minutes, Seconds)
Latitude N 57'32'10.72"
Lorgitude W 153'58'55.43"
Height 69.28' (0rthometric height,
Spiridon tower center point;
Pt## 5313
State Plane Coordinates, Zone 5, Alaska (U.S. Survey Feet)
N 1359049.916
E 1686664.712
EI = 2707.75' (NAVD88 computed using geoid 12b)
WGS 64 Coordinates, NAD83 (Degrees, Minutes, Seconds)
Latitude N 57'43'14.41"
Longitude \X' 153'45'48.35"
Height 2745.25' (Orthometric height)
Uganik tower center point;
Pt## 7001
State Plane Coordinates, Zone 5, Alaska (U.S. 51.,,_ve Feet
N 1393401.924
E 1722224.232
EI = 2050.98' (NAVD88 computed using geoid 12b)
WG5 84 Coordinates, NAD83 (Degrees, Minutes, Seconds)
-Latitude N 57'48'51.18"
Longitude W 153'34'49.62"
He'ght 2087.28' (Orthometric height)
Elbow tower center point;
Pt# 6255
State Piane Coordinates, Zone 5, Alaska (U.S. Survey Feet)
N 1385786.24
E 1875119.64
EI = 2264.80' (NAVD88 computed using geoid 12b)
LVGS 84 Coordinates, NAD83 (Degrees, Minutes, 5econds)
Latitude PJ 57"47'18.10"
Longitude W 152'47'49.75"
Height 2302,31' (Orthometric height)
LEASE
THIS LEASE is made and entered into this 4th day of August, 2016 (the "Commencement
Date") by and between Kodiak Microwave System, LLC, an Alaska limited liability company ("Lessee" },
and Afognak Native Corporation ("Lessor'.
RECITALS
Whereas, the parties understand that this Lease shall be effective only upon written approval of
Afognak Native Corporation Board of Directors; and
Whereas, in consideration of the covenants and agreements herein contained, Lessor leases to
Lessee, and Lessee leases from Lessor, certain specified portions of real property located near Elbow
Mountain, Alaska, (the "Premises") for the term and under the following described agreed provisions, as
follows:
1. PROPERTY.
The Premises are legally described on Exhibit "A" and Exhibit "A-1" attached hereto and
incorporated herein, and are situated near Elbow Mountain which is located within the Kodiak Recording
District, Third Judicial District, State of Alaska. The Premises are located within a larger tract of land
owned by Lessor located at Section 35, Township 27 South, Range 22 West, Seward Meridian, in the
Kodiak Recording District, Third Judicial District, State of Alaska (the "Property").
2. PURPOSE AND USE.
a. Purpose. The Premises shall be used by Lessee for the purpose of installing a
communications tower and related transmission equipment, including six propane tanks.
b. Equipment. Attached as Exhibit "B" is a list of the equipment installed, or to be installed,
and the location of the equipment on the Premises, including any identified structures.
C. Other Equipment. Lessee's equipment may include antenna(e), structures to house
equipment, electrical meters, electrical generators, coaxial transmission lines, transmitters, receivers,
accessory devices and all other equipment, supplies or materials relating to or reasonably appurtenant to
the equipment and consistent with Lessee's purpose.
d. "Communications Equipment" Defined. All of the property set forth in subparagraphs
a., b. and c. of Section 1 shall collectively be referred to as the "Communications Equipment." Lessee, or
its contractors, agents or employees may replace, repair, modify and remove the Communications
Equipment as necessary in accordance with the purposes set forth herein.
3. TERM.
a. Initial Term. The initial term ("Initial Term") shall commence on the Commencement
Date and end on Augpst 3, 2026
b. Extended Terms. If Lessee is not in default of the terms of this Lease, Lessee shall have
the right to extend the Initial Term for four (4) additional periods of five (5) years each ("Extended
Terms") on the same terms and conditions as set forth herein. Each Extended Term shall commence
immediately upon the termination of the previous Tenn unless Lessee gives written notice to Lessor of
its intent not to exercise its right to an extension of this Lease at least one hundred eighty (180) days prior
to the expiration of the then current Term.
c. "Term" Defined. The Initial Term and any Extended Term are alternately referred to as a
"Term."
d. Holding Over. If, after the end of a Term for which there is no extension, or if Lessee fails
to extend the Term pursuant to Section 3.b., and Lessee remains in possession of the Premises, Lessee
shall become a tenant on a month-to-month basis on the same terms and conditions of this Lease.
e. Commencement Date. The Commencement Date for the purposes of this Lease shall be
the date the Lease is executed.
f. Termination. This Lease shall terminate without any liability owed by Lessee to Lessor in
the event that Lessee is not able to obtain the necessary permits or other authorizations from any
governmental agency or department that may be necessary to construct and/or operate the
Conununications Equipment. This Lease shall te-linate without any liability owed by Lessee to Lessor
in the event that it is determined that construction and operation of the Communications Equipment on
the Premises is not permitted due to any restrictive covenants that may apply to the Premises. Either
party may terminate the Lease at any time upon one hundred eighty (180) days' notice in writing to Lessor
at the location specified in Section 20. At the end of the last Term or upon any sooner termination of this
Lease, Lessee shall, within one hundred eighty (180) days of termination of this Lease, (1) remove all
Communications Equipment from the Premises, and (2) return the Premises in good order and condition,
except for ordinary use and wear thereof.
4. RENT.
a. To the extent that Lessee's property associated with this Lease shall cause real property
taxes or assessments to increase all such increases shall be charged pro rata to Lessee, and shall be payable
by Lessee to Lessor within thirty (30) days after receipt by Lessee of an invoice from Lessor stating the
amount of any such increase. Lessor shall provide to Lessee copies of all notices or assessments showing
any increase in the real property taxes or assessments as a result of this Lease within thirty (30) days of
Lessor's receipt of those notices or assessments. Lessee shall be responsible for all taxes, if any, that are
imposed on the Communications Equipment owned and/or installed by Lessee.
b. The annual rent payment ("Rent Payment") owed under this Lease shall be as follows:llne
Rent Payment for the first year of this Lease shall be $1,000. For each and every succeeding year thereafter
(including all remaining years of the Initial Term and each year of the Extended Terms) the Rent Payment
for that year shall be determined by increasing or decreasing the previous year's Rent Payment to reflect
the percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index, for All Urban
Consumers, All Items, Anchorage Area. However, notwithstanding the foregoing, under no
circumstances shall the annual Rent Payment under this Lease be lower than $1,000.
C. Each year's Rent Payment is due and payable in full in advance on or before the first day
of each year during the term of this Lease. Payment of rent shall be made without notice or demand, and
without any setoff or deduction whatsoever, to Afognak Native Corporation at its address set out herein
or at such place as the Lessor may from time to time designate in writing.
d. This Lease shall be effective only upon written approval by the Afognak Native
Corporation Board of Directors.
5. EXCLUSIVITY.
The rights of Lessee in the Premises are exclusive to the Lessee and no other tenant or user of
the Premises shall be permitted by Lessor. Lessor may use and/or lease other portions of the tract of land
owned by Lessor on which the Premises are located so long as such use does not interfere with Lessee's
operation of the Communications Equipment or Lessee's access to the Premises and Communications
Equipment.
6. ACCESS.
Lessor grants Lessee and Lessee's designees the right of reasonable ingress and egress to the
Premises at all times, to install, inspect, maintain, service, repair, replace, upgrade or add Communications
Equipment and utility services.
7. INDEMNIFICATION AND HOLD HARMLESS; PROPERTY DAMAGE.
a. To the fullest extent permitted by law, each party ("Indemnifying Patty' shall indemnify,
defend and hold harmless the other party and its respective former and current subsidiaries, affiliates,
parents, partners, related companies or entities, and each of their respective former and current owners,
members, shareholders, officers, directors, partners, representatives, agents, employees, insurers and
reinsurers, attorneys, successors and assigns, both individually and in their business capacities (each an
"Indemnified Party', from and against all claims, liabilities, damages, property damage, injuries (including,
but not limited to, death and bodily injury), suits, losses, penalties, fines, fees, costs and expenses of any
nature whatever, including but not limited to attorney's fees (collectively "Claim" ), to the extent arising out
of or resulting from, in whole or in part by, (i) the failure by the Indemnifying Party to perform any term,
covenant or condition of this Agreement or the breach by the Indemnifying Party of its warranties or
representations herein; (ii) any act, omission, negligence (ordinary, gross or otherwise), willful misconduct
or fault of the Indemnifying Party or its employees or agents, anyone directly or indirectly employed by the
Indetrmifying Party, including lower tier subcontractors, or anyone for whose acts the Indenuufying Party
may be liable, including but not limited to any violations or liability arising out of any environment, health
and safety or any other law, ordinance, regulation or order; (iii) any inaccuracy in the representations and
warranties made by the Indemnifying Party under this Agreement; (iv) any infringement or
misappropriation of any patent, copyright, trade secret, trademark or other intellectual property right by
the Services or Results or any other work product or materials created or furnished by the Indemnifying
Party under this Agreement; (v) any death or injuries to employees of the Indemnifying Party or its agents;
or (vi) any claims by employees of the Indemnifying Party or its agents that they are entitled to the benefits
of employment by an Indemnified Party.
In addition, Lessee shall indemnify, defend and hold harmless Afognak Native Corporation
and each Afognak Native Corporation Indemnified Party from and against any Claim to the extent
arising out of or resulting from, in whole or in part by, (i) any inaccuracy in any materials or information
provided by Lessee regarding this Lease; or (ii) any failure by Lessee to perforin pursuant to this
Agreement.
Provided however, that the foregoing two paragraphs shall not apply to the extent any Claim
is caused or contributed to by (1) the failure by the Indemnified Party to perform any term, covenant
or condition of this Agreement or the breach by the Indemnified Party of its warranties or
representations herein, or (2) any act, omission, negligence (ordinary, gross or otherwise), willful
misconduct or fault of the Indemnified Party or its employees or agents, anyone directly or indirectly
employed by the Indemnified Party or anyone for whose acts the Indemnified Party may be liable.
Lessee will be liable for all loss or damage, other than ordinary wear and tear, to Lessor's
property in Lessee's possession or control or which is caused by Lessee or its employees or agents,
anyone directly or indirectly employed by the Indemnifying Party, including lower tier subcontractors, or
anyone for whose acts the Indemnifying Party may be liable. In the event of any such loss or damage,
Lessee will pay Lessor the full current replacement cost of such equipment or property within thirty
(30) days after its loss or damage.
b. Without in any way limiting the foregoing Section 7 a , Lessee will indemnify, protect, save,
and hold harmless Lessor 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 Lessee'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 Lessee.
Lessor may, in its sole discretion, pay and discharge any Liens or overdue charges for Lessor's
subcontractors, suppliers, vendors, or materialmen, equipment and/or materials under or otherwise in
conjunction with this Agreement and Lessee shall immediately pay Lessor for such costs.
8. INSURANCE.
a. Lessee shall purchase and maintain in force at all times during the Term of this Lease,
and at its own cost, the following insurance policies required hereunder. Failure to furnish proper
evidence of insurance, or the lapse of insurance required under the provisions of this Lease, may be
grounds for termination.
b. The insurance companies shall be rated no less than A-7 by AM Best rating service.
Afognak Native Corporation (Afognak) reserves the right to review and revise any of the following
insurance requirements with written notice to Lessee, based on insurance market conditions,
availability or affordability of coverage, or changes within the scope of work that applies to this Lease.
In addition, Afognak reserves the right to reject any insurance policies that fail to meet the criteria
listed within this section, or insurance carriers that are in poor financial condition or become in poor
financial condition during the term of this Lease.
C. The policies of insurance required shall include the following:
i. Workers' Compensation Insurance: Workers' Compensation Insurance in
compliance with the laws of all applicable states, including USL&H and Jones Act
(if applicable to the Work), and any other coverages that may apply where the
Work is performed covering all employees engaged in the performance of the
Work specified in this Lease and any project hereunder.
ii. Employers Liability Insurance: The Lessee shall procure and maintain during the
life of this Lease Employers Liability Coverage, with minimum limits of
$1,000,000 Bodily Injury by accident/Each Accident, $1,000,000 Bodily Injury by
Disease/Policy Limit, $1,000,000 Bodily Injury by Disease/Each Employee.
iii. Commercial General Liability Insurance: The Lessee shall procure and maintain
during the life of this Lease, Commercial General Liability Insurance on a "Per
Occurrence" basis with limits of liability not less than $1,000,000 combined single
limit Bodily Injury & Property Damage, $1,000,000 Personal Injury, $2,000,000
aggregate. Coverage shall include the following extensions: A) Contractual
Liability; and B) Products and Completed Operations.
iv. Pollution Liability: Lessee shall procure and maintain during the life of this
Lease a policy of Pollution Liability with limits of not less than $1,000,000 per
occurrence covering remediation and cleanup of any pollution event stemming
from the performance of this Lease.
d. Additional Insured: The following shall be listed as Additional Insureds on each policy
listed except Workers' Compensation: Afognak Native Corporation, including all agents, assigns,
subsidiaries, subcontractors, employees, and volunteers.
e. 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.
f. Cancellation Notice: Cancellation Notice — Lessee shall make all reasonable efforts to
give prompt written notice of (1) any cancellation or non -renewal of any insurance policy required
hereunder, or (2) any other material change to any such policy which adversely affects the interests of
Afognak Native Corporation or any Additional Insured. Notice shall be sent to Afognak Native
Corporation, Attn: VP of Risk Management, 3909 Arctic Blvd., Suite 500, Anchorage, Alaska 99503.
g. Waiver of Subrogation: Lessee and Landlord shall have no liability to one another, or
to any insurer, by way of subtogation or otherwise, on account of any loss or damage regardless of
whether such loss or damage is caused by the negligence of Lessee or Landlord, 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 Lease. The insurance coverage obtained by Lessee and Landlord pursuant
to this Lease shall include Waiver of Subrogation Endorsements in favor of the other party.
h. Certificates of Insurance: The Lessee shall provide Landlord two (2) Acord 25
(2010/05) Form Certificates of Insurance for the coverages listed herein at the time the contracts are
returned for execution. All Certificates of Insurance shall include the required polices enumerated
above. Within the "Description of Operations" section of the Certificate of Insurance, provisions 7,
8, and 10, shall be listed.
i. Continuation of Coverage: If any of the above coverages expire during the term of this
Lease, the Lessee shall deliver renewal certificates of insurance and/or policies to Landlord at least
ten (10) days prior to the expiration date.
j. - Damage to Property: Lessee will be liable for all loss or damage, other than ordinary
wear and tear, to Landlord's property in Lessee's possession or control. In the event of any such loss
or damage, Lessee will pay Landlord the full current replacement cost of such equipment or property
,vithin thirty (30) days after its loss or damage.
k. Lessee. Lessee shall bind its own contractors, lower tier subcontractors and consultants
to the same insurance policy limits and covera e which Lessee assumes towards Landlord, and shall
provide evidence of such coverage to Landlord.
9. LESSOR'S COVENANTS.
Lessor covenants and agrees to and with Lessee as follows:
a. Title and Quiet Possession. Lessor represents, warrants and covenants to Lessee as
follows: (1) Lessor has good, marketable and fee simple title to the Premises and to any areas of the
Property containing easements or rights of access as provided for in Section 6; (2) any encumbrances that
may exist on the Property or the Premises will not interfere with Lessee's intended use of the Premises;
(3) Lessee is possessed of a valid leasehold estate in the Premises and Lessee shall have quiet and peaceful
enjoyment of the Premises at all times during this Lease; and (4) Lessor will at all times during the term
of this Lease defend title to the Property and Premises against all claims.
b. Interference with Lessee. Lessor shall not engage in actions that cause any pattern
distortions, intermodulation and other interference (jointly "Interference") with the Communication
Equipment in the vicinity of the Premises. Prior to granting any other lease or license with respect to the
Property to another party, Lessor shall notify Lessee in writing that, to Lessor's actual knowledge, the
proposed use of the Property will not cause Interference with the operation of Lessee Communication
Equipment. In the event that a party other than Lessee, whose operations on the Property began after
those of Lessee, causes Interference with Lessee's Commimication Equipment or operations, Lessor will
immediately require such party to either promptly cure or eliminate any such Interference or stop
operating on the Property.
C. Environmental Laws. Lessor makes the following representations and warranties to
Lessee:
(i) Lessor has no actual knowledge of material noncompliance of the Property or the
Premises with the Environmental Laws, as defined below.
(ii) Lessor is not aware of, and has not received notice of, the presence of Hazardous
Substances on the Property, including the Premises.
(iii) 'There is no pending or threatened civil, criminal or administrative action or claim
against Lessor (and Lessor has no actual knowledge of any circumstances that might give rise to), relating
in any way to Environmental Laws with respect to the Property.
As used herein the following terms shall have the following meanings: "Environmental Laws"
shall mean all federal, state and local laws relating to pollution or protection of the environment.
"Hazardous Substances" shall mean any pollutant, contaminant, hazardous or dangerous waste,
substance or material regulated or controlled pursuant to any Environmental Law.
10. LESSEE'S COVENANTS.
Lessee covenants and agrees to and with Lessor as follows:
a. Limited Purpose. Not to engage in any business on the Premises, except as set forth in
Paragraph 2;
b. Nuisance/Legal Compliance. To make no unlawful, improper or offensive use of the
Property or Premises, or any part thereof, and to comply with all the laws, rules and regulations of federal,
state, borough, municipal, or other governmental subdivision which may have rules, regulations, ordi-
nances, statutes or laws pertaining to the conduct of Lessee's business, including, but not limited to:
National Environmental Policy Act;
Clean Water Act;
Clean Air Act;
Endangered Species Act;
National Historic Preservation Act;
Fish and Wildlife Conservation Act;
Federal Insecticide, Fungicide, and Rodenticide Act;
Asbestos Hazard Emergency Response Act;
Noise Control Act;
Pollution Prevention Act;
Toxic Substances Control Act;
Resource Conservation and Recovery Act, as amended by the Hazardous and Solid Waste
Amendments;
Comprehensive Environmental Response, Compensation, Liabilities Act, as amended by the
Superfund Amendments and Reauthorization Act; and
Federal Environment Protection Agency Regulations; and
Alaska Department of Environmental Conservation Regulations.
C. Maintenance and Repairs. To maintain the Communications Equipment in good
condition and repair.
d. Waste. Not to commit or suffer any waste upon the Property or Premises;
e. Avoidance of Mechanic's or Materialman's Liens. To not pen -nit or suffer any lien to
attach to the Premises. If a lien is so placed, Lessee shall, within ten (10) days of notice from Lessor, fully
discharge the lien by settling the claim which resulted in the lien or by bonding or insuring over the lien
in the manner prescribed by the applicable lien law; and
f. Termination. At the end of the last Term or upon any sooner termination of this Lease,
to, within one hundred eighty (180) days of termination of this Lease, (1) remove all Communications
Equipment from the Premises, and (2) return the Premises in good order and condition, except for
ordinary use and wear thereof
g. Pollution Liability. Lessee shall assume all responsibility to control, clean up, remediate
and remove any and all environmental pollution or contamination originating from Lessee's purpose and
use tinder this Lease, including without limitation, spills or releases of fuels, lubricants, motor oils, wire
cuttings, water, paints, solvents and/or other hazardous substances as defined by applicable law, directly
or indirectly associated with the purpose and use under this Lease or Lessee's equipment and vehicles in,
on or about the Premises and Property, and shall indemnify, defend, and hold harmless Afognak Native
Corporation and each Afognak Native Corporation Indemnified Party under Section 7 from and against,
any and all claims, demands, suits, penalties, judgments, fines, fees, and causes of action of every kind and
character (including, without limitation, attorney's fees and legal costs) resulting therefrom or pertaining
thereto.
11. INTERFERENCE WITH LESSEE.
Lessor shall not allow any other person, including Lessor, to use or occupy the Premises.
12. DEFAULT AND REMEDIES UPON DEFAULT - IN GENERAL.
If Lessee shall fail to keep and observe any of the covenants, terms and conditions of this Lease
then Lessor may, at any time after giving Lessee thirty (30) days' written notice specifying any default and
referring to the part of this Lease relied on by Lessor, and if Lessee does not proceed with reasonable
diligence and in good faith to cure any default specified in the notice, then Lessor may terminate this
Lease. If Lessor terminates this Lease pursuant to this Section 12, Lessor may enter into or upon the
Premises or any part thereof, repossess the Premises, expel Lessee and those claiming under it, and
remove Lessee's property and effects, including the Communications Equipment, without being deemed
to have committed a trespass, and without prejudice to any other remedies which might otherwise be
available at law or in equity, including but not limited to declaratory judgment, specific relief or injunctive
relief, If Lessor seeks injunctive relief, Lessor shall not be required to post a bond as a condition to
obtaining a preliminary or permanent injunctive.
If Lessor shall fail to keep and observe any of the covenants, terms and conditions of this Lease,
then Lessee may, at any time after giving Lessor thirty (30) days' written notice specifying any default and
referring to the part of this Lease relied on by Lessee, and if Lessor does not proceed with reasonable
diligence and in good faith to cure any default specified in the notice, then Lessee may, at Lessee's sole
option, either terminate this Lease without further liability to Lessor or seek any other remedies which
might otherwise be available at law or in equity for breach of covenant or agreement, including but not
limited to declaratory judgment, or injunctive relief, provided that Lessee's choice under this Section 12
to either terminate this Lease or seek other relief shall be without prejudice to any other remedies which
might otherwise be available at law or in equity for breach of covenant or agreement. If Lessee seeks
injunctive relief, Lessee shall not be required to post a bond as a condition to obtaining a preliminary or
permanent injunctive.
Notwithstanding anything herein to the contrary, neither Lessor nor Lessee shall be liable to the
other for any indirect, exemplary, punitive, special, incidental or consequential losses or damages, whether
in contract, warranty, tort (including negligence), strict liability or otherwise, including but not limited to
loss of use, profits, business, reputation or financing. Lessor's total liability to Lessee under this Lease
shall be expressly limited to the amount Lessee pays Lessor under this Lease.
13. UTILITIES.
Lessee shall be responsible for the expense of installation and payment of all charges related to
utilities or other services required by its use of the Premises.
14. ASSIGNMENT AND SUBLEASE.
Lessee shall not assign, transfer, sublet, 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 Lessor, which consent shall not be unreasonably
withheld.
15. DESTRUCTION AND RECONSTRUCTION.
In the event the Lessee's improvements on the Premises are destroyed or damaged, then Lessee
may either replace, rebuild or repair the improvements, so long as insurance proceeds are available for
that purpose or, Lessee may, at its option, cancel this Lease after giving Lessor written notice within ninety
(90) days after the date of destruction or damage of Lessee's intent to cancel this Lease. In the event of
the election of Lessee to terminate, all rights and liabilities with respect to the unexpired portion of the
Term shall cease and any unearned rent paid by Lessee shall be refunded to Lessee. Thereupon the rights,
duties and obligations of the parties as otherwise set forth herein with regard to termination shall be in
effect.
16. EMINENT DOMAIN.
In the event the Property or the Premises or a significant portion of the Property or the Premises
is subject to a taking by a public entity or agency under the law of eminent domain, or a sale thereof under
threat of public taking, such that substantial interference with the purpose of this Lease results, this Lease
shall terminate upon the date of transfer of possession to the public entity or agency. In that event, Lessor
shall solely be entitled to receive and retain any awards that are allocated to the Property or Premises.
17. FIXTURES/COMMUNICATIONS EQUIPMENT.
Notwithstanding any contrary provision of law, Lessor agrees that the Communications
Equipment placed on the Premises by Lessee shall remain the exclusive personal property of Lessee, shall
not be considered to be affixed to the Premises of the real property and shall be removed by Lessee as
provided in this Lease. Upon removal by Lessee of any of its fixtures or other property, Lessee shall
restore the Premises to the approximate condition appertaining prior to the installation or placement of
those fixtures or other property, ordinary wear and tear excepted.
18. CONSENTS AND APPROVALS.
Lessee shall apply for all govemtnental approvals and other permits and authorizations which are
required for the construction, installation and operation of the Communications Equipment and Lessee's
business. At Lessor's sole discretion, Lessor may cooperate with Lessee in all respects in connection with
those efforts. All applications shall be made at the sole cost and expense of Lessee and Lessee agrees to
indemnify and hold Lessor harmless from any cost, obligation or liability arising therefrom.
19. SIGNS AND FENCES.
Lessee may fence the Premises and/or the Improvements and may place reasonable signs related
to the ownership of the Improvements and to the security restrictions placed by Lessee upon the Premises
without the prior approval of Lessor.
20. NOTICES.
All notices must be in writing and shall be delivered by hand, by national overnight express
delivery service, by U.S. registered or certified mail, return receipt requested, postage prepaid or by
facsimile to the addresses set forth below:
Lessor:
Afognak Native Corporation
300 Alimaq Drive
Kodiak, AK 99615
Phone: (907) 486-6014
With a copy to:
Afognak Native Corporation
Attention: Legal Department
3909 Arctic Blvd. Ste. 500
Anchorage, AK 99503
Lessee:
Kodiak Microwave System, LLC
2702 Denali Street, Suite 100
Anchorage, AK 99503
Attn: Carl Gaffer
Phone: 907-278-6100
Any notice or other communication mailed as provided above shall be deemed effectively given:
(a) on the date of delivery, if delivered by hand; (b) on the date deposited, if sent by overnight express
delivery or U.S. mail; or (c) upon transmittal of facsimile.
21. IMPLEMENTATION.
The parties agree to cooperate with each other in executing any and all documents necessary or
appropriate in order to implement this Lease or the uses and purposes enumerated.
22. JURISDICTION AND VENUE.
Jurisdiction of any action brought under this Lease shall be in the Superior Court in the Third
Judicial District, State of Alaska and the procedural and substantive la -v of the State of Alaska shall apply
to any action. The venue of any action shall be in the state court sitting in Anchorage.
23. ATTORNEY'S FEES AND COURT COSTS.
In the event either party is required to engage an attorney to enforce or interpret its rights under
this Lease, the prevailing party shall be entitled to recover from the other their actual reasonable attomey's
fees and costs of scut.
24. BINDING EFFECT.
This Lease shall be binding on the parties' successors, provided that this paragraph shall not be
construed to negate any restrictions on assignment otherwise set forth.
25. INTEGRATION.
This Lease and any attached exhibits constitute the entirety of the Lease Agreement between the
parties. No prior written agreement or communication or any oral representations shall be binding, except
to the extent of a writing to which this Lease (or a substantially similar form) is appended and
incorporated. Tlnis Lease shall not be amended except in writing and signed by authorized representatives
of both parties.
26. COUNTERPARTS.
This Lease may be executed in counterparts, each of which shall he considered an original and all
of which together shall constitute one instrument.
27. TIME OF THE ESSENCE.
Time is of the essence of this Lease.
28. AUTHORITY.
Each party represents to the other that it has full right and authority to enter into this Lease, and
that the individual signing on behalf of each party is authorized to bind the person or entity for which he
or she signs this Lease.
29. MEMORANDUM OF LEASE.
Either party may cause a Memorandum of Lease in substantially the form attached as Exhibit
"C" to be recorded with the Recorder's Office of the Third Judicial District, Alaska.
30. ESTOPPEL CERTIFICATE/CONDITIONAL ASSIGNMENT.
a. A party shall, at any time and from time to time upon not less than fifteen (15) days' prior
request by the other party execute, acknowledge and deliver to the Lessor a statement in writing certifying
that this Lease is in full force and effect and unmodified (or in full force and effect and modified, and
stating modifications), the dates to which the tent(s) and any other charges have been paid in advance,
the date Lessee entered into occupancy of the Premises, and the date the Lease term expires, the nature
and amount of any claims of Lessee against the Lessor arising as a result of this Lease, and the existence
and nature of any defenses or offsets claimed by Lessee against enforcement of this Lease, it being
intended that any such statement delivered pursuant to this paragraph may be relied upon by any
prospective purchaser, encumbrancer (including assignees) or sublessee of the Premises. In the event
Lessee fails so to certify within such fifteen (15) day period, Lessee shall be deemed to have certified and
admitted the accuracy of information submitted by the Lessor in good faith to any prospective purchaser
or encumbrancer in respect to this Lease.
b. This Lease and all of the rights of Lessee hereunder are and shall be subject and subordinate
to the lien of every deed of trust and every mortgage now or hereafter placed on the Premises or any part
thereof (except the property of Lessee and others stated to be removable under this Lease), and to any
and all renewals, modifications, consolidations, replacements, extensions, refinancings or substitutions of
any such mortgage or deed of trust ("encumbrances"). Upon request of Lessor, Lessee agrees to execute
and deliver to Lessor written acknowledgment that this Lease is subordinate to any such encumbrance
contemplated by this Section 30.
C. RESERVED.
31. DISPUTES.
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"), shall be resolved exclusively as set forth in this Section 31.
31.1 The Dispute shall first be submitted in writing to each of the persons listed by the
Parties in Section 21, and such designated representatives shall attempt to resolve the Dispute within
thirty (30) days of such submittal.
31.2 If the designated representatives are unable to resolve the Dispute within the 30 -day
period provided in Subsection 31.1 and either Party wishes to continue to pursue the Dispute, that
Party shall submit the Dispute in writing to a designated 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 (but not to exceed thirty (30) days).
31.3 If good faith negotiations among the parties' designated officers are unsuccessful
within the 30 -day period provided in Subsection 31.2, the parties agree to resolve the dispute by
binding and final arbitration. The arbitration shall be conducted by a single arbitrator selected by the
agreement of the parties. A "Qualified Arbitrator" means an individual who has a minimum of five
}rears (5) experience in legal or business matters directly related to the primary subject matter of the
dispute and not related to any of the parties or diC r counsel of record or biased for or against any
party. In the event that the parties are unable to agree upon an arbitrator, each party shall select one
person with the qualifications set forth in the immediately preceding sentence, and the two persons
so chosen shall agree upon a third person who shall be the arbitrator for the Dispute. The arbitrator
shall conduct the arbitration in accordance with the Commercial ?arbitration Rules of the American
Arbitration Association ("Rules") then in effect. The parties shall bear equally the cost of arbitration,
provided, however, that each party shall bear its own legal fees with respect to the arbitration unless
other..io-ise specifically provided for by the decision of the arbitrator. The arbitrator shall be bound to
follow the provisions of this Agreement in resolving the dispute, and may award attorney's fees and
costs to the prevailing party, but shall not be empowered to award damages (such as punirive or
exemplar- damages) in excess of actual damages. The decision of the arbitrator shall be final and
binding on the parties, and any award of the arbitrator may be entered or enforced in any court of
competent jurisdiction. Venue for any such arbitration shall be at Anchorage, Alaska.
The parties have caused this I.case to be signed on the date and year set forth above.
LESSOR:
Afogn ativ orp on
Name: Greg FY iambright
Its: President/CEO
LFISSFF.:
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
The Premises is comprised of a 100' x 100' parcel with a center point at die follo-vving coordinates: 57
47 21.11 N; 152 47 53.80 W, and located within the following real property:
Section 35, Township 27 South, Range 22 West, Seward Meridian, in the
Kodiak Recording District, Third Judicial District, State of Alaska, excepting
therefrom die subsurface estate and all rights, privileges, immunities and
appurtenances of whatsoever nature, accruing unto said estate pursuant to
the Alaska Native Claims Settlement Act of December 18, 1971 [85 Stat. 688,
704; USC 1601,1613 (f) (1976].
A site map more specifically identifying location of the 100'x 100' parcel within the Property and the
improvements to be constructed within that parcel shall be appended to this lease as Exhibit A-1 when
those improvements are constructed.
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EXHIBIT B
List of Equipment to be Installed
10'X 12' Fiberglass Building
2 Approximately Y X 6' Generators
Microwave Radio Gear
6 500 Gal. Liquid Propane Tanks and piping
Distribution Egtupment
Battery Chargers
Battery Plant
Collocation Racks
Antennas
Ice Bridge
Microwave RF cabling
Exhibit C
MEMORANDUM OF LEASE
(AS 40.17.120)
Pursuant to AS 40.17.120, the undersigned parties make this Memorandum of Lease.
1) Names of Parties:
Landlord: AFOGNAK NATIVE CORPORATION
Tenant: KODIAK MICROWAVE SYSTEM, LLC
2) Address of Parties:
Landlord: 300 Alimaq Drive, Kodiak, AK 99615
Tenant: 2702 Denali Street, Suite 100, Anchorage, AK 99503
3) Date of Lease: August 4 12016
4) Desceiption of Property Leased: The leased premises are located on real property legally
described as
Section 35, Township 27 South, Range 22 West, Seward Meridian, in t)ie''
Kodiak Recording District, Third Judicial District, State of As�', excejiting
therefrom the §ubsurface estate and all rights, privileges, irriiiiunities pan J-
appurtenances of whatsoever nature, accruing unto said estaEe.pursuant to ,
the M iska Native Ch ms Settlement Act of December 18, 1971 [85 Stat., ," -
704; USC 1601, 1613 (0 (1976].
5) Commencement and Termination Dates: The Lease is for an initial term of ten years,
commencing on August 4. 2016 and terminating on August 3, 2026, with the Tenant
having the right to extend the term of the Lease for four (4) additional periods of five (5) years
each, upon the terms stated in the Lease.
6) No Modification of Lease Agreement. This Memorandum of Lease is being made for
recording purposes. Nothing in this Memorandum of Lease modifies the terms of the Lease
Agreement itself, which is binding on Landlord and 'Tenant as written.
Dated: August 4, 2016
Dated:
STATE OF ALASKA'\
LANDLORD
AFOGN. N L'l: RPC) \TION, INC.
By:
Name: %,reg Hambright
Title: President/CEO
TENANT
KODI AK MICROWAVE SYSTEM, LLC
By:
Name: Carl Vatter
Title: Sr. Financial Analyst
) SS.
THIRD JUDICLAL DISTRICT )
The foregoing instrument was acknowledged before me this day of
2016, by V rn;A frk\ CW of A fognak Native
C )rjA at . f,,. �'o,44) half of Afognak Native Corpot� n, Inc. �-
Foy !
No, y
0t
1413KA. -' 1
08/2712d�
STATE OF ALASKA )
) SS.
THIRD JUDICIAL DIS'T'RICT j
a-� �' t"
otat. 'ublic in ane for State of Alaska
My Commission Expires: i7
The foregoing instrument was acknowledged before me this day of
2016, by Dave Jarrett, a manager of Kodiak Microwave System, LLC, an
Alaska limited liability company, on behalf of Kodiak Microwave System, ILC.
Notary Public in and for State of Alaska
My Commission Expires:
After Recording Return To:
Christopher J. Slottee
Kodiak Microwave System, LI.0
2702 Denali Street, Suite 100
Anchorage, Alaska 99503
Dated: .August 4. 2016
Dated:
STATE Or ALASKA )
ss.
'THIRD JUDICI.AL DISTRICT )
LANDLORD
AFOGNt N I 'I: ORPO -\TION, INC.
By: '
Name: Dreg Hambright
Titic: President/CEO
TENANT
KODLAK MICROWAVI? SYSTEM, LLC
By:
Name: Carl Vatter
Title: Sr.FinancialAnalyst
The foregoing instrument was acknowledged before me this CA day of
2016, by rer. � �U. rr�� v o1nlC t C of Afognak Native
A (,7-3
o eIialFof Afognal: Native Corporation, ]nc.
ian / NOT y `?
6
fp ••..ASKA•.'',,
�'•%,�Bs 08/27124 '•
STATE OF A.[ ASKA j
ss.
THIRD JUDICIAL DIS`T'RICT )
otar� 'ublic� for State of Alaska
My Commission Expires: O l7
The foregoing instrument was acknowledged before me dus day of
2016, by Dave Jarrett, a manager of Kodiak Microwave System, LLC, an
Alaska limited liability company, on behalf of Kodiak Microwave System, IJ,C.
Notary Public in and for State of Alaska
My Commission Expires:
.After Recorclinv Return To:
Christopher J. Slottee
Kodiak Microwave System, IJ.0
2702 Denali Street, Suite 100
Anchorage, Alaska 99503
Jack Maker
From: Carl Gatter <cgatter@oldharbor.org>
Sent: Tuesday, August 30, 2016 11:42 AM
To: Jack Maker
Subject: Re: Right of Way permit
Kodiak Microwave Systems, LLC authorizes Dan Delauder of Remote Site Services Inc. to act as their
agent for signing Zoning Compliance Permits for the construction of communications towers and related
support facilities at the Elbow Mountain, Uganik Mountain, Spiridon Mountain, and Larsen Low tower
sites.
Carl Gatter
Carl Gatter
Sr. Financial Analyst
Old Harbor Native Corporation
2702 Denali Street, Suite 100
Anchorage, AK 90503
(907) 278-6100
On Aug 30, 2016, at 11:37 AM, Jack Maker <imaker@kodiakak.us> wrote:
Hi Carl,
I still need authorization for Dan Delauder to sign the permits. Can you cut and paste the following into
an email and send it to me?
Kodiak Microwave Systems, LLC authorizes Dan Delauder of Remote Site Services Inc. to act as their
agent for signing Zoning Compliance Permits for the construction of communications towers and related
support facilities at the Elbow Mountain, Uganik Mountain, Spiridon Mountain, and Larsen Low tower
sites.
Thanks!
Jack
From: Carl Gatter [mai Ito:cgatter@old harbor.org]
Sent: Tuesday, August 30, 2016 10:09 AM
To: Jack Maker
Subject: Right of Way permit
Hi Jack,
Here is the ROW permit from the USFW and the executed Afognak lease for Elbow Mountain.
Thanks
1
Carl
Carl Gatter
Sr. Financial Analyst
Old Harbor Native Corporation
2702 Denali St Suite 100
Anchorage, AK 99503
(907) 278-6100
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PUBLIC HEARING ITEM 7-D
P & Z REGULAR MEETING: JULY 13, 2016
SNE,C0 Afognak Native Corporation
300 Alimaq Drive
i Kodiak, AK 99615
1 Toll Free 800-770-6014 / Local (907) 486-6014
Fac: (907) 486-2514
June 03, 2016
To Whom It May Concern,
Afognak Native Corporation authorizes Mr. Carl Gatter at Kodiak Microwave System, LLC to act as our
agent for the purposes of obtaining the Condition Use Permit and Variance on the property located below:
Afognak Native Corporation owns the property located 57° 47' 21.11" N 152° 47' 53.80" W within a
larger tract of land located in Section 35, Township 27 South, Range 22 West, Seward Meridian, in the
Kodiak Recording district, Third Judicial District, State of Alaska.
Sincerely,
Howard W. Valley
Vice President of Lands and Timber
Afognak Native Corporation
Case No. 16-021 Application Package