T30S R29W SEC 31 LTS 12-14 - ZCP 8/31/2016Print Form Email
Kodiak Island Borough - - - - Submit by
- — ----- -
:„.x Community Development Department
tA+ ate`' 710 Mill Bay Rd. Rm 205
Kodiak AK 99615
Ph. (907) 486 - 9363 Fax (907) 486 - 9396 23738
http://www.kodiakak.us
Zoning Compliance Permit Permit No. BZ2017-027
Subd Case No. Plat No. Bldg Permit No. N/A
The following information is to be supplied by the Applicant:
Property Owner / Applicant:
Owner: City of Larsen Bay/Lessee: Kodiak Microwave Systems, LLC (Dan Delauder, authorized agent)
Mailing Address:
City of LB: P.O. Box 8, Larsen Bay, AK 99624/KMS: 2702 Denali St. Ste 100, Anchorage, AK 99503
Phone Number:
City of Larsen Bay: (907) 847-3028/KMS:(907) 278-6100
Other Contact email, etc.:
City of LB: cityoflarsenbay@aol.com/KMS: cgatter@oldharbor.org
Legal Description:
Subdv: 40'x 40' leased site within Section 31, T.30S, R.29W, SM Block: Lot: 12-14
Street Address:
NHN Larsen Bay (between the City of Larsen Bay Airport and the City of Larsen Bay)
Use & Size of Existing Structures:
City of Larsen Bay utility building
Description of Proposed Action:
Construction of a 30' tall monopole communication repeater tower and related support facilities
as depicted on attached site plan per Conditional Use Permit approved on 7-15-2015 (P&Z Case No. 15-024).
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 PROP—ID 23738
Lot Area: 1,600 sq. ft. lease site Lot Width: 250' Bldg Height: 35'
Front Yard: 25 '
Rear Yard: 25 ' Side Yard: 25'
Prk'g Plan Rvw? Yes
# of Req'd Spaces: 1
Staff Compliance Review Notes:
Plat / Subdivision Requirements? Parking calculation based on 25% of requirement per KIBC 17.175.060.8. All conditions of ap-
proval for approved Conditional
Use Permit apply (P&Z Case No. 15-024, 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: I hereby certify that 1 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. 1 agree to have identifiable
corner markers in place for verification of building setback (yard) requirements.
Attachments? Site Plan
Date: Aug 31, 2016
List Other: Lease agreement, agent authorization, and CUP approval letter
D/� ' D/.., L'-.4
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: Any zoning compliance permit issued is subject to the same expiration, suspension, and revocation provisions as a
building permit issued for the same construction permit.**
CDD Staff Certification
Date: Aug 31, 2016 CDD Staff: Jack Maker,
Pa m & i t ` n Zoning Compliance Permit Fee P able in
AUG 312016
KODIAK ISLAND BOROUGH
FINANCE DEPARTMENT
Not Applicable
$0.00
Less than 1.75 acres:
$30.00
1.76 to 5.00 acres:
$60.00
5.01 to 40.00 acres:
D
$90.00
40.01 acres or more:
F�
$120.00
ier's Office Room # 104 - Main floor of Borough Building
After -the -Fact 2X the published amount
D $0.00
$60.00
$120.00
$180.00
R $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
Zoning Comp] Zoning Compliance Permit
Payments: Type Detail Amount
Cash $120.00
Customer Copy
$120.00
Total Amount: 1 $120.00
Printed hv- Cashier Pane 1 of 1 nR/31/2016 03.05.36 PM
July 20, 2015
City of Larsen Bay
PO Box 8
Larsen Bay, AK 99624
L 1r;S£N) t a w
Kodiak Island Borough
Community Development Department
710 Mill Bay Road
Kodiak, Alaska 99615
Phone (907) 486-9363 Fax (907) 486-9396
www.kodiakak.us
Re: Case 15-024. Request for Conditional Use Permit to construct a 35' tall monopole
cormnunication repeater tower and 10' by 12' support structure (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 community of Larsen Bay.
Dear Sir or Madam:
The Kodiak Island Borough Planning and Zoning Commission at their meeting on July 15, 2015
granted the conditional use permit request cited above, subject to the following conditions:
I . To prevent entry by the general public, a six foot (6) tall fence shall be constructed around
the perimeter of the site. Signs prohibiting entry by unauthorized personnel shall be posted
on each of the four outer sides of the fence.
2. Natural vegetation immediately surrounding the facility will be preserved to the maximum
extent possible.
3. 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.
4. Any modification that would substantially alter the visual impact or permitted purpose of the
facility will require a new Conditional Use Permit.
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 pennitted 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 adequately address aesthetic and visual
concerns and will preserve the value, spirit, character, and integrity of the surrounding area.
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
constricted, maintained, and operated in accordance with all applicable federal, state, and
local requirements.
4. The selected site fulfills all engineering requirements and meets C -Conservation zoning
setback requirements. The tower meets the airport building height limitations of Borough
code. Additional buffers and safeguards will be provided through the installation of fencing
and signs around the perimeter of the site.
5. This facility is specifically located to provide broadband internet and other
telecommunications services to the community of Larsen Bay.
If you have any questions about the action of the Commission, please contact the Community
Development Department at 486-9363.
Sincerely,
Robrt H. Pederson
Director, Community Development Department
CC: Carl Gatter, Kodiak Microwave Systems
Nova Javier, Borough Clerk
Planning and Zoning Commission
PUBLIC HEARING ITEM 7-E
P & Z REGULAR MEETING: JULY 15, 2015
Kodiak Island Borough GIS
Community Development Department
=__= Access Roads
hftp://www.kodiakak us/gis (907) 486-9337
This map is provided for informational purposes
only and is not intended for any legal representations
_
F ' : Unconstructed Right of Ways
Case No. 15-024 Introduction
Image Overlay Request: A Conditional Use Permit to construct a 30' tall
Case No. 15-024 monopole communication repeater tower and 10' by 12'
Applicant: City of Larsen Bay support structure (KIBC 17.200 and 17.50.040.H). This
Agent: Kodiak Midrowave Systemss, LLC tower is part of a system that will provide broadband
internet and other telecommunications services to the
community of Larsen Bay.
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P & Z REGULAR MEETING: JULY 15, 2015
System Description
Kodiak Microwave System (KMS) — Larsen Bay/Karluk extension OC -3 Link Summary
Kodiak Microwave System, LLC (KMS) has commissioned an extension of the existing microwave system providing an OC -
3 circuit from Kodiak, Larsen Bay and Karluk.
The microwave link is intended to begin at Pillar Mountain in Kodiak then extend to a remote site located on Elbow
Mountain to a repeater site located at a site called Mid -Ridge to a further repeater site called Larsen Ridge, From there it
will "Y" with one link to the community of Larsen Bay, Alaska and the other to Karluk, Alaska. Connectivity is anticipated
to be provided through a fiber connection at the Pillar Mountain site. The overall proposed path route is shown below.
The broadband internet service provided to these communities will assist in Education and Distance learning through
the schools and increase the speed at which the tele -medicine can be provided.
Estimated Tower Heights
Elbow Mountain 30ft
Mid -Ridge 30ft
Larsen Peak 30ft
Karluk Passive Panel 39-45ft
Karluk Low 30ft
Larsen Bay Low 30ft
Case No. 15-024 Application Package
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PUBLIC HEARING ITEM 7-E
P & Z REGULAR MEETING: JULY 15, 2015
40'-0"
(— AREA OF LEASE
10x12 HUT
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AREA PLAN _
SCALE: 1/16" = 1'-0"
8'-0"
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2 SCALE: 3/32" =1'-0"
�G AT � LARSEN BAY SITE
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GI EER G,«c
JOB NO. I DRAWING NO: SHEET: REV:
15018 4/30/2015 SKETCH -003 1 or 1 e
Case No. 15-024 Application Package
A -1) F -I KSS (
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' (Orthometric height;
S iridon tower centerpoint-,
PtU 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 84 Coordinates, NAD83 (Degrees, Minutes, Seconds)
Latitude N 57'43'14.41"
Longitude W 153'45'48.35'
-------------
Height 2735.25' (Orthometric height)
Uganik tower center point;
Pt# 7001
State Plane Coordinates Zone 5, Alaska (U.S. Svey Feet
N 1393401.924
E 1722224.232
EI = 2050.98' (NAVD88 compi:zed using geold 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;
PtP 6255
State Piane Coordinates, Zone 5, Alaska (U.S. Survey Feet)
N 1385786.24
E 1875119.64
EI = 2264.80' (NAVDSS computed using geoid 12b)
LUGS 84 Coordinates, NAD93 (Degrees, Minutes, Seconds)
Latitude N 57'47'18.10"
Longitude W 152'47'49.75"
Height 2302,31' (Orthometric height)
PUBLIC HEARING ITEM 7-E
P & Z REGULAR MEETING: JULY 15, 2015
City of Larsen Bay
P.O. Box 8
Larsen Bay, AK 99624
(907) 847-2211 Fax (907) 847-2239
Email: cit oflarsenbgy, aol.com
RESOLUTION APPROVING LEASE
Resolution 15-Q5
BE IT RESOLVED that the City of Larsen Bay hereby approves the attached lease
(" Lease's marked as Exhibit A between Kodiak Microwave System, LLC and the City of Larsen Bay
for property located at T30S-R29W SECTION 31 LTS 12.14.
BE IT RESOLVED that the Mayor of the City of Larsen Bay and other officers and
employees of the City of Larsen Bay are hereby authorized to execute such documents and take such
actions as may be necessary or appropriate to implement and complete the Lease authorized and
directed in the foregoing resolutions.
Certificate of Compliance
The undersigned further certifies that the foregoing Resolutions, and the Lease
authorized and directed by the foregoing Resolutions, are authorized by, and have been duly adopted
in accordance with, the ordinances applicable to the City of Larsen Bay.
So certified this 13th day of May, 2015.
PASSED and ADOPTED by a duly constituted quorum of the Larsen Bay City Council this
r -Day of May, 2015.
SIGNED:
Mayor)
A A /Z.-,
(Cfty Clerk)
STATE OF ALASKA
ss.
THIRD JUDICIAL DISTRICT
77ft
20 5� The foregoing instrument was acknowledged before me this I-5day of 14,4-q,
2$h4, by D.1V.CQ P1fRMCL, the M t1 yO R of the City of Larsen Bay, on behalf of the City
of Larsen Bay.
Notary Public in and for State of AlaskaWkj to
F3
My Commission Expires: .?D%(o ti �►
EISTcl
Case No. 15-024 Application Package
PUBLIC HEARING ITEM 7-E
P & Z REGULAR MEETING: JULY 15, 2015
LEASE
THIS LEASE is made and entered into this 13th day of May, 2015 (the
"Commencement Date' } by and between KODIAK MICROWAVE SYSTEM, LLC, an
Alaska limited liability company ("Lessee', and the City of Larsen Bay ('Lessor').
In consideration of the covenants and agreements herein contained, Lessor leases to
Lessee, and Lessee leases from Lessor, certain specified portions of real property ("Premises'
located near T30S-R29W SECTION 31 ITS 12-14, Larson Bay , Alaska, for the
term and under the following described agreed provisions, as follows:
PROPERTY.
The Premises are legally described on Exhibit "A" and Exhibit "A-1" attached hereto
and incorporated herein, and are situated near T30S-R29W SECTION 31 LTS 12-14,
which is located within the Kodiak Island Borough, Third Judicial District, Alaska. The
Premises are located within a larger tract of land owned by Lessor (the "Property" }.
2. PURPOSE AND USE.
a. PuU?ose. The Premises shall be used by Lessee for the purpose of installing a
microwave repeater and related transmission equipment.
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 2 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's shall commence on the
Commencement Date and end on December 31st 2020.
Case No. 15-024 Application Package
PUBLIC HEARING ITEM 7-E
P & Z REGULAR MEETING: JULY 15, 2015
b. The monthly rent payment ("Rent Payment') owed under this Lease shall be
$300 a month.
C. As of January 1st of each fifth year of the Lease, beginning May 161, 2016 and
continuing annually for each subsequent fifth Iease year through and including any Extended
Terms, the Rent Payment shall be adjusted (hereinafter "Rent Adjustment's according to
percentage increase, if any, in the Consumer Price Index for All Urban Consumers, All Items,
Anchorage, Alaska (1982-1984=100), as published by the U.S. Department of Labor, Bureau of
Labor Statistics (hereafter "CPI -U" }. For the Rent Adjustment that will occur on January- 1,
2018, the Rent Payment shall be adjusted so that it increases by the same percentage increase
that occurred in the CPI -U since the Commencement Date. For the Rent Adjustments that
will occur after January 1, 2018, the Rent Payment shall be adjusted so that it increases by the
same percentage increase that occurred in the CPI -U since the last Rent Adjustment In
making the CPI -U comparisons, the CPI -U for the last half of each calendar year preceding the
respective lease years shall be utilized. The formula for the rental adjustments is as follows:
° o of change in CPI -U x Prior Monthly Rent Payment + Prior
Monthly Rent Payment = Adjusted Rent Payment
If there is a decline in the CPI U for a particular year, the Rent Payment during the succeeding
five lease years shall not decrease but shall equal the Rent Payment due during the immediately
preceding year. If the Bureau of Labor Statistics changes the base index years for the CPI -U so
that comparison between the CPI -U for various years will be inaccurate, the CPI -U for the
respective years shall be converted as necessary in accordance with the conversion factors
published by the Bureau of Labor Statistics. If the CPI -U is discontinued, such other
government index or computation with which it is replaced shall be used in order to obtain
substantially the same result as would be obtained if the CPI -U had not been discontinued.
Until the adjusted Rent Payment is determined, the Rent Payment shall be paid in an amount
equal to the Rent Payment charged in the preceding period and any shortage or overpayment
shall be corrected within thirty (30) days after the adjusted rent is determined.
5. EXCLUSIVI. T .
The tights 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 ingress and egress to the
Property and the Premises at all times, to install, inspect, maintain, service, repair, replace,
Case No. 15-024 Application Package
PUBLIC HEARING ITEM 7-E
P & Z REGULAR MEETING: JULY 15, 2015
insuring Lessee and Lessor, as additional insured, against all liability for damages to persons or
property on or about the Property or Premises which may arise by reason of the acts or
omissions of Lessee, its employees, agents and contractors with respect to their installation and
maintenance of the Communications Equipment and the use of the Premises by Lessee. The
liability limits for the insurance shall be not less than (i) Two Million Dollars ($2,000,000.00) for
injury- to or death to one or more persons in any one occurrence, and One Nfillion Dollars
($1,000,000.00) for damage to or destruction of property in any one occurrence; (ii) workers
compensation insurance as required by statute; and (iii) commercial property insurance insuring
Lessee's property and equipment on the Property. Such policies shall include a waiver of
subrogation in favor of Lessor.
10. 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 Oointly "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's Communication Equipment. In the event that a parry other than
Lessee, whose operations on the Property began after those of Lessee, causes Interference with
Lessee's Communication 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 Latus. 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.
it) Lessor is not aware of, and has not received notice of, the presence of
Hazardous Substances on the Property, including the Premises.
iit There is no pending or threatened civil, criminal or administrative action
Case No. 15-024 Application Package
PUBLIC HEARING ITEM 7-E
P & Z REGULAR MEETING: JULY 15, 2015
If Lessee shall fail to keep and observe any of the covenants, terms and conditions of
flus 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, terminate this Lease. If Lessor terminates this Lease pursuant to this Section 14, 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,
specific relief or injunctive relief, provided that Lessee's choice under this Section 14 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.
14. 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.
15. ASSIGNMENT AND SUBLEASE.
a. Assigmment, Lessee may assign its leasehold in the Premises, without notice to or
the prior consent of Lessor, to any entity controlling, controlled by or under common control
with Lessee, or to any entity that acquires substantially all of the assets of Lessee, provided that,
in all instances the assignee fully assumes all of Lessee's obligations under this Lease. However,
such assignment shall not release Lessee from liability for Lessee's obligations under this Lease
unless Lessor releases Lessee in writing. As to any other assignee, the written consent of Lessor
shall be required, and such consent shall not be unreasonably withheld. Lessor, in considering
whether to consent to an assignment of this Lease, may consider the intended use of the
Premises and the financial condition of the proposed assignee and other relevant factors.
b. Subletdn . Lessee may sublet the Premises, or any portion of the
Case No. 15-024 Application Package
PUBLIC HEARING ITEM 7-E
P & Z REGULAR MEETING: JULY 15, 2015
20. 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.
21. 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:
elow
Lessor:
Phone: u -1. Sq -7, a-1 i
with a copy to:
0
Phone:
Lessee:
Kodiak Microwave System, LLC
2702 Denali Street, Suitc 100
Anchorage, A.K. 99503
Attn: Dave Jarrett
Phone: 907-278-6100
with a copy to:
Atkinson Conway & Gagnon
Attn: Christopher J. Slottcc
420 L Street, Suite 500
Anchorage, Alaska 99501
Phone: 907-276-1700
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.
22. 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.
23. 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 law of the
State of Alaska shall apply to any action. The venue of any action shall be in the state court
Case No. 15-024 Application Package
PUBLIC HEARING ITEM 7-E
P & Z REGULAR MEETING: JULY 15, 2015
a. Lessee 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 rent(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 certif, 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 with respect to this Lease.
b. This Lease and all of the rights of Lessee hereunder arc 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
Cencumbrances"). 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 tivs Section 31.
c. In consideration of such subordination by Lessee, Lessor will, within twenty
(20) days of Lessee's request, (a) finnish a Subordination Nondisturbance and Attornment
Agreement in form and content reasonably acceptable to Lessee (whose acceptance shall not be
unreasonably withheld or delayed), from the holder of each encumbrance now or hereafter
placed against the Premises, and the subordination shall not become effective until the holder
of such encumbrance executes such Subordination Non -disturbance and Attomment
Agreement; and (b) in the event Lessee creates any new encumbrance against its lease estate in
the Premises, and at the request of Tenant, execute a conditional assignment of the Lease to
Lessee's lender, upon the condition that Lessee's lender and lienholder provides Lessor with a
commercially reasonable conditional assignment.
The parties have caused this Lease to be signed on the date and year set forth above.
LESSOR:
City of Larsen bay
By: _/a,.�_.../
Name: i y, . S
Its:
11
Case No. 15-024 Application Package
PUBLIC HEARING ITEM 7-E
P & Z REGULAR MEETING: JULY 15, 2015
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
The Premises is located in portions of the following:
Larsen Bay Tract A Block 15 Lot 1
The Premises shall be a 40 x 40' section of the above property, with a center
coordinate of 57° 32' 10.9638"N 153° 58'58,5222"W, as more fully described
in the site plan attached as Exhibit A-1.
Case No. 15-024 Application Package
PUBLIC HEARING ITEM 7-E
P & Z REGULAR MEETING: JULY 15, 2015
EXHIBIT B
List of Equipment to be Installed
10'X 14'Fiberglass Building
30' Monopole Tower and foundation
Approximately Y X b' Generator
Microwave Radio Gear
Distribution Equipment
Battery Chargers
Battery Plant
Collocation Racks
Fencing around building
Antennas
Ice Bridge
Microwave RF cabling
Case No. 15-024 Application Package
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 [mailto:caatter@oldharbor.ora]
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 I I EM 14-
P & Z REGULAR MEETING: JULY 15, 2015
City of Larsen Bay
PO Box 8, Larsen Bay, Alaska
Telephone (907) 847-2211 Fax: (907) 847-2239
April 26, 2015
To Whom It May Concern:
The City of Larsen Bay authorizes and gives permission to Kodiak Microwave System, LLC to act on
behalf of the City of Larsen Bay in the matter of applying for Conditional Use Permits, Variance
Applications, and/or similar use permits related to or necessary for the installation and operation
of microwave towers and other telecommunications equipment in and around the City of Larsen
Bay, Alaska.
This authorization and permission is limited to applications for Conditional Use Permits, Variance
Applications, and/or similar use permits related to the installation and operation of microwave
towers and other telecommunications equipment at following location:
GOVERNMENT LOTS TWELVE (12), THIRTEEN (13), & FOURTEEN
(14); WITHIN SECTION 31, TOWNSHIP 30 SOUTH, RANGE 29 WEST,
SEWARD MERIDIAN, located in the Kodiak Recording District, Third
Judicial District, State of Alaska.
EXCEPTING THEREFROM those portions Conveyed to the State of
Alaska Department of Transportation and Public Facilities by deeds
recorded October 12th, 1993 in Book 123 at Page 144.
Also EXCEPTING THEREFROM the subsurface estate, and all rights,
privileges, Immunities and appurtenances, of whatsoever nature,
accruing unto said estates pursuant to the Alaska Native Claims
Settlement Act of December 18, 1971 (85 Stat. 688, 794; 43 U.S.C.
1601,1613 (f) (1976)).
Please feel free to contact me at (907) 847-2211 or email at mayor.larsen_hay@gmail-cgm
Sincerely,
Davids, MaydY`�'"�r`"_ _
City of Larsen Bay
Case No. 15-024 Application Package