FY2010-33 Long-term lease and material sales contract 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: Bob Scholze/
Borough Attorney
4 Introduced on: 05/06/2010
5 Adopted on: 05/06/2010
6
7 KODIAK ISLAND BOROUGH
8 RESOLUTION NO. FY2010 -33
9
10 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH ASSEMBLY
11 AUTHORIZING THE APPROVAL OF A LONG -TERM LEASE AND MATERIAL SALES
12 CONTRACT WITH BRECHAN ENTERPRISES, INC. FOR TRACTS B1, B2, B3 AND
13 B4 -A, BELLS FLATS ALASKA SUBDIVISION
14
15 WHEREAS, in Resolution No. FY2009 -33, the Assembly authorized a renewed short -term
16 lease and material sales contract with Brechan Enterprises, Inc. for Tracts B1, B2, B3 and
17 B4 -A, Bells Flats Alaska Subdivision to expire June 30, 2010.
18
19 WHEREAS, in Resolution No. FY2007 -39, the Borough Assembly declared surplus to the
20 Borough's need and authorized the Borough Manager to negotiate directly with Brechan
21 Enterprises, Inc. a short-term lease for full and true market value of an 84.38 acre portion of
22 borough land described as Tracts B1, B2, B3 and B4 -A, Bells Flats Alaska Subdivision for
23 the purpose of resource extraction; and
24
25 WHEREAS, in Resolution No. FY2007 -40 and in Resolution No. FY2008 -38, the Borough
26 Assembly authorized the Borough Manager to negotiate directly with Brechan Enterprises,
27 Inc., a short -term lease for full and true market value of an 84.38 acre portion of Borough
28 land described as Tracts B1, B2, B3 and B4 -A, Bells Flats Alaska Subdivision for the
29 purpose of resource extraction; and
30
31 WHEREAS, the Borough Manager presented to the Assembly a lease and material sales
32 contract for a one year term which expires on June 30, 2010; and
33
34 WHEREAS, in Resolution No. FY2007 -39, the Borough Assembly authorized the Borough
35 Manager to negotiate directly with Brechan Enterprises, Inc. a long -term lease, which
36 includes a material sales contract, in accordance with relevant provisions of KIBC Title 18
37 and taking into consideration the recommendations of the Planning and Zoning
38 Commission; and
39
40 WHEREAS, completion of a reclamation plan, a storm water pollution prevention plan
41 (SWPPP), and an engineered resource estimate has provided information and requirements
42 for a gravel operation mindful of environment, habitat and use conflicts as well as data
43 regarding gravel remaining on site, all of which have been incorporated to lay the foundation
44 for a long term lease;
Kodiak Island Borough Resolution No. FY2010 -
Page 1 of 2
45
46
47 NOW, THEREFORE, BE IT RESOLVED, BY THE ASSEMBLY OF THE KODIAK ISLAND
48 BOROUGH that the Borough Manager is hereby authorized to enter into long -term nine and
49 one half (9 1 /2) year lease to expire on December 31, 2019, and for a material sales contract
50 for gravel extraction and related processing in the B- Tracts in Women's Bay with Brechan
51 Enterprises, Inc.
52
53 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
54
55
56 KODIAK ISLAND BOROUGH
57
58
59
60
61 ATTEST: Jerome M. Selby, Borough Mayor
62
63
64
65
66
67
Nova M. Javier, MMC, Bo
THIS SIXTH DAY OF MAY, 2010
ugh Clerk
Kodiak Island Borough Resolution No. FY2010 -33
Page 2 of 2