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FY2011-25 Land Use License for Near Island ADF&G Building 1 Introduced by: Borough Manager 2 Requested by: Borough Assembly 3 Drafted by: Borough Attorney Introduced on: 04/21/ 2011 4 Adopted on: 04/21/2011 5 6 KODIAK ISLAND BOROUGH 7 RESOLUTION NO. FY 2011 -25 8 9 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY 10 AUTHORIZING THE BOROUGH MANAGER TO ENTER INTO A LAND USE LICENSE 11 WITH THE STATE OF ALASKA ALLOWING THE DEPARTMENT OF FISH AND GAME 12 TO USE A PORTION OF TRACT B -1A U.S. SURVEY 4947 AND ENTERING INTO A 13 LEASE AGREEMENT UPON RECORDING OF A PLAT 14 15 WHEREAS, the Kodiak Island Borough has been working with the Alaska Department of 16 Fish and Game (ADF &G), as well as the City of Kodiak and other State agencies, toward 17 development of a new research and administration building on Near Island, adjacent to the 18 federal Kodiak Fisheries Research Center; and 19 20 WHEREAS, the City of Kodiak conveyed land to the Kodiak Island Borough (City 21 Resolution No. 09 -06), at no cost to the Borough, to be utilized for a fisheries research and 22 administration facility; and 23 24 WHEREAS, a new ADF &G research and administration building is intended to compliment 25 and expand upon the existing Kodiak Fisheries Research Center, currently occupied by the 26 University of Alaska, NOAA Marine Fisheries, and ADF &G; and 27 28 WHEREAS, State funding is procured for the construction and lease of the project; and 29 30 WHEREAS, the Kodiak Island Borough Planning and Zoning Commission recommended 31 rezoning the property to Public Use from Conservation and, following a public hearing, the 32 Borough Assembly adopted ordinance No. FY2011 -13 rezoning the land to PL- Public Use 33 Zoning; and 34 35 WHEREAS, the fisheries resources and the fisheries industry are important to the citizens 36 of the Kodiak Island Borough; and 37 38 WHEREAS, the land previously owned by the Borough as well as the land acquired from 39 the City of Kodiak are now zoned public use lands allowing offices for local, state, and 40 federal governments; and 41 42 WHEREAS, use of the land by means of a temporary license and long term lease by 43 ADF &G will continue the concept of a multi- agency research campus on Near Island; and 44 45 WHEREAS, the license and lease to ADF &G are consistent with the objectives of the 46 Kodiak Island Borough's 2008 Comprehensive Plan. 47 Kodiak Island Borough Resolution No. FY2011 -25 Page 1 of 2 48 NOW, THEREFORE BE IT RESOLVED, BY THE ASSEMBLY OF THE KODIAK ISLAND 49 BOROUGH that 50 51 Section 1. The Borough Manager is authorized to execute and deliver on behalf of the 52 Kodiak Island Borough a License Agreement and Land Lease to be entered into between 53 the Borough and the State of Alaska, in substantially the form as presented at this meeting. 54 In accordance with the terms of the agreements, the License Agreement is temporary and 55 will terminate upon recording of a plat to be developed in accordance with Borough 56 ordinances, and the Borough Manager will then be authorized to execute and deliver the 57 Land Lease. 58 59 Section 2. Based upon the above recitals, which are incorporated herein by reference, we 60 find that a license and lease to the State of Alaska, under the terms of the agreements 61 presented at this meeting, will allow the use of the land for public purpose beneficial to the 62 Borough, and that the transfer of Borough land by lease to the State of Alaska for less than 63 fair market value is hereby approved pursuant to Section 18.20.100.B of the Borough Code 64 of Ordinances. 65 66 Section 3. This resolution shall be effective immediately upon adoption. 67 68 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 69 THIS TWENTY FIRST DAY OF APRIL 2011 70 71 KODIAK ISLAND BOROUGH 72 73 e ` 74 - 75 ATTEST: Jere e M. Selby, Borough Mayer 78 � — 79 Novaltvl. Javier, MMC /Borough Clerk Kodiak Island Borough Resolution No. FY2011 -25 Page 2 of 2