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FY2010-30 Approving The Sublease Of A Mobile Home As A Caretaker's Unit By The Kodiak Island Sportsman's Association On Tract B Within Lot 1, U.S. Survey 2539 Adjacent To The Salonie Creek Rifle Range1 Introduced by: Borough Manager 2 Requested by: Borough Manager 3 Drafted by: Resource Management Officer Scholze 4 Introduced on: 04/01/2010 5 Adopted on: 04/01/2010 6 7 KODIAK ISLAND BOROUGH 8 RESOLUTION NO. FY2010 -30 9 10 A RESOLUTION APPROVING THE SUBLEASE OF A MOBILE HOME AS A 11 CARETAKER'S UNIT BY THE KODIAK ISLAND SPORTSMAN'S ASSOCIATION (KISA) 12 ON TRACT B WITHIN LOT 1, U.S. SURVEY 2539 ADJACENT TO THE SALONIE CREEK 13 RIFLE RANGE 14 15 WHEREAS, a ground lease between the Kodiak Island Borough and Kodiak Island 16 Sportsman's Association, a non - profit corporation, for land at Salonie Creek authorized by 17 Borough Resoultion No. 92 -26 was executed on August 11, 1994 to develop a shooting 18 range for the benefit of the citizens of the Kodiak Island Borough; and 19 20 WHEREAS, Resolution No. 96 -33 approved a 25 -year lease of a five acre parcel within 21 Lot 1, U.S. Survey 2539 to the Kodiak Island Sportsman's Association to provide for a 22 caretaker's residence adjacent to the Salonie Creek Rifle Range for the purposes of adding 23 a visible presence at the range to deter vandalism, and aiding in the collection of data about 24 who utilizes the Salonie Creek valley; and 25 26 WHEREAS, the original lease between the Kodiak Island Borough and Kodiak Island 27 Sportsman's Association authorized by Borough Resoultion No. 92 -26 and executed on 28 August 11, 1994 was amended on September 17, 2001 to include Tract B (Caretaker's 29 Site); and 30 31 WHEREAS, the amended lease of 2001 was further amended on May 10, 2005 to extend 32 the lease agreement in full until August 10, 2019; and 33 34 WHEREAS, Section 11 of the amended ground lease stipulates that the Kodiak Island 35 Sportsman's Association shall not sublet or assign or transfer this lease, or any interest in it, 36 without the prior written consent of the Borough Assembly; and 37 38 WHEREAS, KIBC 18.40.110 allows that land or interest therein leased from the Borough 39 may be subleased upon receiving prior written approval of the mayor. 40 41 NOW, THEREFORE BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 42 BOROUGH THAT: 43 44 Section 1: Sublease of a mobile home as a caretaker's unit only by the Kodiak Island 45 Sportsman's Association on Tract B within Lot 1, U.S. Survey 2539 near the 46 entrance to the Salonie Creek rifle range along the Chiniak Highway, is 47 hereby approved. 48 Kodiak Island Borough Resolution No. FY2010 -30 Page 1 of 2 49 Section 2: This approval is granted for the term of the ground lease, until August 10, 50 2019, subject to the requirements that each change of occupancy must be 51 approved in writing by the Borough Manager or his designee, and that, 52 except for term (Section #1) and rent (Section #4), the rental agreement itself, 53 including the caretaker responsiblities stipulated, is not changed. 54 55 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 56 57 58 KODIAK ISLAND BOROUGH 59 60 61 62 Jerome M. Selby, Borough Mayor 63 64 ATTEST: 65 66 67 68 Nova M. Javier, C, Borough Clerk THIS FIRST DAY OF APRIL 2010 Kodiak Island Borough Resolution No. FY2010 -30 Page 2 of 2