FY2009-33 Authorizing The Approval Of A Renewed Short-Term Lease And Material Sales Agreement With Brechan Enterprises, INC. For Tracts B1, B2, B3, And B4-A, Bells Flats Alaska Subdivision1 Introduced by: Manager Gifford
2 Requested by: Manager Gifford
3 Drafted by: Borough Attorney
Introduced on: 05/14/2009
4 Adopted on: 05/14/2009
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6 KODIAK ISLAND BOROUGH
7 RESOLUTION NO. FY2009 -33
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9 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH ASSEMBLY
10 AUTHORIZING THE APPROVAL OF A RENEWED SHORT -TERM LEASE AND MATERIAL
11 SALES AGREEMENT WITH BRECHAN ENTERPRISES, INC. FOR TRACTS B1, B2, B3 AND
12 B4-A, BELLS FLATS ALASKA SUBDIVISION
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14 WHEREAS, in Resolution FY2007 -39, the Borough Assembly declared surplus to the
15 Borough's need and authorized the Borough Manager to negotiate directly with Brechan
16 Enterprises, Inc. a short-term lease for full and true market value of an 84.38 acre portion of
17 borough land described as Tracts B1, B2, B3 and B4 -A, Bells Flats Alaska Subdivision for the
18 purpose of resource extraction; and
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20 WHEREAS, in Resolution FY2007 -40 and in Resolution FY2008 -38, the Borough Assembly
21 authorized the Borough Manager to negotiate directly with Brechan Enterprises, Inc., a short-
22 term lease for full and true market value of an 84.38 acre portion of borough land described as
23 Tracts B1, B2, B3 and B4 -A, Bells Flats Alaska Subdivision for the purpose of resource
24 extraction; and
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26 WHEREAS, the Borough Manager presented to the Assembly a lease and material sales
27 contract for a one year term which expires on June 30, 2009 and
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29 WHEREAS, in Resolution FY2007 -39, the Borough Assembly authorized the Borough
30 Manager to negotiate directly with Brechan Enterprises, Inc. a Tong -term lease, which includes a
31 material sales contract, in accordance with relevant provisions of KIBC Title 18 and
32 recommendations from the Planning & Zoning Commission; and
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34 WHEREAS, negotiations for a long -term lease are progressing but the parties need additional
35 time to discuss a reclamation plan, a mining plan, the performance bond (which may fluctuate
36 from year to year), the appropriate amount of insurance and other issues so it is not possible to
37 give the Assembly a lease and material sales contract for a long -term which complies with
38 Resolution FY2007 -39;
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40 NOW, THEREFORE, BE IT RESOLVED, THE ASSEMBLY OF THE KODIAK ISLAND
41 BOROUGH that the Borough Manager is hereby authorized to renew for not more than one year,
42 on the same terms, the short-term lease and material sales contract with Brechan Enterprises,
43 Inc.
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Kodiak Island Borough Resolution No. FY2009 -33
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45 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
46 THIS FOURTEENTH DAY OF MAY 2009
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53 Jer me M. Selby, Borough yor
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55 ATTEST:
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60 Nova M. Javier, Mt C, Borough Clerk
KODIAK ISLAND BOROUGH
Kodiak Island Borough Resolution No. FY2009 -33
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