1980-01 Veterans of Foreign Wars LeaseM10 -
j.. _-..... Kouai Retorting DL tn'j
KODIAK ISLAND BOROUGH
AMENDMENT TO LEASE WITH
t VETERANS OF FOREIGN WARS, KATMAI POST NO. 7056
WHEREAS, by agreement dated April 21, 1972, numbered K322 (ADL
36049), hereinafter reterrea to as the lease, Veterans of
Foreign Wars, Katmai Post No. 7056, leased from the State of
Alaska, as agent for the Kodiak Island Borough under a
management agreement dated June 17, 1965, certain real property
described in the lease;
WHEREAS, the Kodiak Island Borough has assumed the management
of the land described in the lease by terminating the
management agreement with the State of Alaska effective
November 1, 1978; and
WHEREAS, Kodiak Island Borough Ordinance No. 79-19-0 provides
that the Borough may negotiate leases to non-profit ,
organizations on terms approved by the Borough Assembly; aria
WHEREAS, Veterans of Foreign Wars, Katmai Post No. 7056
qualifies for a negotiated lease under Ordinance No. 79-19-0,
and the terms of this lease amendment were approved by the
Kodiak Island Borough Assembly on February 2, 1980;
NOW, therefore, the Kodiak Island Borough, and Veterans of
Foreign Wars, Kat -mail Post No. 7056, enter into the following
agreement this !sem day of 1980.
In consideration aration of the mutual covenants herein the .
parties agree as follows:
/ 1. The lease is amended by deleting the eighth
I paragraph, pertaining to rent, on the first page, and replacing
it with the following:
The lessee shall pay the lessor an annual rental fee
of $1.00 on or before the 21st day of April of every
year during said term.
2. Tnis agreement does not change any term, covenant
or condition of the lease not specifically amended herein.
IN WITNESS WHEREOF 'I91E PARTIES HAVE EXECUTED TRIS AGREEMENT.
VETERANS OF FOREIGN WARS
- KATMAI POST NO. 7056
By
lTitic
�i311L» 1>✓
STATE OF ALASKA )
)ss
---� THIRD JUDICIAL DISTIi1CT ) '
'1'f115 IS 'CO G'.R'1'1I'Y that/-rui this ,rSJ day of _
1980, beliore me appeared G / - to me
known, and -acknowledged that ne was the 0;ef![!./,U.1 E'1�_ of
Veterans of Foreign 1'.ars, Katmai Post NO. 7056 aria that he
voluntarily signed and sealed the foregoing instrument on
behai.I of said organization and was authorized so to cu:""'•u.,,,,
WITr ESS my hand and official seal the day aria `pe. •,:
hereinabove written. /" 3.,',>•.<
/ Notary in aria for Azad_
>;y Commission Expires,%'.G.' n./ ;
TRACT "A"
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EXHIBIT A
SURVEY OF STATE LAND,
CREATING TRACT °A° `PT
LDCLTED a"1mN oq_y qy_}ED SCRi01S 19 B 30, ♦ 279, P 1, y', 5 N, m-aS,
i ^r"✓ _]'�" i 'Crr'T.Z .: .�:"%ti'^�'v—'}x. Ce 't"`3T x+.�rt Ys.S.e']_
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IS,
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TRACT "A"
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EXHIBIT A
SURVEY OF STATE LAND,
CREATING TRACT °A° `PT
LDCLTED a"1mN oq_y qy_}ED SCRi01S 19 B 30, ♦ 279, P 1, y', 5 N, m-aS,
i ^r"✓ _]'�" i 'Crr'T.Z .: .�:"%ti'^�'v—'}x. Ce 't"`3T x+.�rt Ys.S.e']_
i V` /U
STATE OF ALASKA
�� DEPARTMENT OF NATURAL RESOURCES
DIVISION OF LANDS
323 East Fourth Avenue
O Anchorage, Alaska 99501
LEASE AGREEMENT
ADL No. 36049
THIS INDENTURE made and entered into this 21st day of April , 1972 , by
and between the STATE OF ALASKA, through the Director of the Division of Lands, with the
consent and approval of the Commissioner of the Department of Natural Resources, acting for
and on its behalf under and pursuant to AS 38.05, as amended, and the regulations promulgated
thereunder, as amended or hereafter amended, hereinafter referred to as the LESSOR: and
VETERANS OF FOREIGN WARS, KATMAI POST* of P. 0. Box 404, Kodiak, Alaska 99615
hereinafter referred to as the LESSEE:
*No. 7056
WITNESSETH, that whereas the Lessor has classified the lands herein demised as:
Private Recreation ,lands on March 11 19 70
pursuant to AS 38.05, as amended; and
WHEREAS, the Lessor has caused the lands herein demised to be appraised and such
appraisal was made and approved on or after April 17, , 19 72 ; and
WHEREAS, the Lessor has caused a notice of intent to lease the lands herein demised
to be published as required by law or caused notices of intent to lease to be posted as re-
/ q.uired by law; and
WHEREAS, an auction of the herein demised property was held at the time and place
signated by notice and said sale was approved by the Director of the Division of Lands,
'Department of Natural Resources, State of Alaska:
NOW THEREFOR, the Lessor has agreed to let and does hereby let and demise to the
Lessee, and the Lessee has agreed to take and does hereby take from the Lessor all that lot,
piece, or parcel of land more particularly bounded and described, as follows:
Survey of State Land Creating Tract "A", Located in sections 19 & 30, Township 27 South,
Range 19 West, Seward Meridian, Containing 110.78 acres according to plat filed in the
Kodiak Recording District on January 29, 1970. Subject to the Special Stipulation that
the Director may terminate all or part of the subject lease if the land has not been used
by the Lessee for the purpose specified in the lease. for a period of two (2) years.
TO HAVE AND TO HOLD the said demised premises for a term of Fifty-five
(55 ) years counecncing on the 21st day of April , 19 72 and ending at
12 o'clock midnight on theOt11day of April 1742027 unless
sooner terminated as hereinafter provided.
The Lessee shall pay to the Lessor rental as follows: Equal annual payments,
in advance, on or before the 21st day of April of every year during
said term at the rate of Four hundred and No/100------------------------------ Dollars
($ 400.00 ) per year ; such payments to be subject to adjustment at each five-
year interval from the effective date hereof, if the lease term hereof exceeds five years,
such adjustment to be based primarily upon a reappraised annual rental value of land in a
ate of improvement similar to that of the land described 'herein at the time this lease
I Z. entered into. (?
---- It is agreed that the covenants, terms and agreements herein contained shall be 7s
binding upon the successors and assigns of the respective parties hereto.
K
r,�, . q_7___ PAGE_1 V_
Ko„ talc Reco ding Diwirict
KODIAK ISLAND BOROUGH
AMENDMENT TO LEASE WITH
VETERANS OF FOREIGN WARS, KATMAI POST NO. 7056.
WHEREAS, by agreement dated April 21, 1972, numbered K322 (ADL
36049), hereinafter referred to as the lease, Veterans of
Foreign Wars, Katmai Post No. 7056, leased from the State of
Alaska, as agent for the Kodiak Island Borough under a
management agreement dated June 17, 1965, certain real property
described in the lease;'
WHEREAS, the Kodiak Island Borough has assumed the management
of the land described in the lease by terminating the
management agreement with the State of Alaska effective
November 1, 1978; and
WHEREAS, Kodiak Island Borough Ordinance No. 79-19-0 provides
that the Borough may negotiate leases to non-profit
organizations on terms approved by the Borough Assembly; and
WHEREAS, Veterans of Foreign Wars, Katmai Post No. 7056
qualifies for a negotiated lease under Ordinance No. 79-19-0,
and the terms of this lease amendment were approved by the
Kodiak Island Borough Assembly on February 2, 1980;
NOW, therefore, the Kodiak Island Borough, and Veterans of
Foreign Wars, Katmai Post No. 7056enter � into the following
agreement this �,/�� day of I 1980.
In consideration of the mutual covenants herein the.
parties agree as follows:
1. The lease is amended by deleting the eighth
paragraph, pertaining to rent, on the first page, and replacing
it with the following:
The lessee shall pay the lessor an annual rental fee
of $1.00 on or before the 21st day of April of every
year during said term.
2. This agreement does not change any term, covenant
or condition of the lease not specifically amended herein.
IN WITNESS WHEREOF THE PARTIES HAVE EXECUTED THIS AGREEMENT.
VETERANS OF FOREIGN WARS
KATTMA IAIII POST NO. 7056
ByTi tl
STATE OF ALASKA )
)ss.
THIRD JUDICIAL DISTRICT i
THIS IS TO CERTIFY that this CZday of
1980, before me appeared p�/� C.�-T'P P L O �e
known, and acknowledged that he'was the �g�y,U'/,(Fd e,_ of
Veterans of Foreign Wars, Katmai Post No. 7056 ana that he
voluntarily signed and sealed the foregoing instrument on
behalf of said organization and was authorizea so'.to Got'�rrrr,
WITNESS my hand and of. f is i a 1 seal the day andgeai,-,lJ lj',,:
hereinabove written. �i �� ,p•,
Nozary in and ror
My Commission Ezpi
� �i
ASSIGNMENT OI' LEASE
VETICRLNS OF POREICN WARS, KATMAI POST NO. 7056 of Box 404, Kodiak,
Alaska for SEVEN 'THOUSAND SEVEN IIUNDRED AND NO/100 DOLLARS ($7,700.00)
and other valuable conxidarat ions, do hereby assign and transfer to THE
FIRST NAIIINAL BANK OF ANCHORAGE, a national banking association, all of
its interest as "Lessee" in the following described lease:
That certain lease dated April 21, 1972, executed by the
State of Alaska, "Lessor" to the Veterans of Foreign Wars,
_.r.; Katmai Post No. 7056, "Lessee," for a term of 55 years from
April 21, 1972 covering leased premises described as follows:
Tract A of Protracted Sections Nineteep(19) and Thirty (30),
T27SR1BW Seward Meridian, according to Plat 70-1, in the
Kodiak Recording District, Third District, State of Alaska.
TO HAVE AND TO HOLD the same unto the said THE FIRST NATIONAL BANK OF
ANCHORACE from the date hereof, for and during all of the remainder yet to
come of the terms of said lease. The Veterans of Foreign Wars, Katmai Post
No. 7056 hereby covenants to and with the said THE FIRST NATIONAL BANK OF
ANCHORAGE that the assigned premises are now free and clear of and from all
former and other gifts, bargains, encumbrances, by the said Veterans of For-
eign Wars, Katnmi Cost Na. 7056 of Its assignors made or created.
This nssignmunL 'hill be void if the Veterans of Foreign Wars, Katmai
Post No. 7056, shall Pay the indebtedness represented by a promissory note
iu the sum of SEVEN THOUSAND SEVEN HUNDRED AND NO/100 DOLLARS ('7,700.00)
and interest, which un the 9th day of October, 1978, they made and deliver-
ed to '1111 FIRST NA'CIONAI. BANK OF ANCHORAGE, as part of the transaction of
which the creation of such indebtedness is a part.
It is agreed that all of the covenants and provisions of this assign-
ment shall be binding upon the administrators, successors or assigns of the
Assignor, whether by operation of law or otherwise.
IN WITNESS W11HREOF, the party hereto has hereunto subscribed his name
this ;day of Occubor, 1978.
VE1'EU245 UF,FOREICN WARS,
KATMAI POST NO. 7056
ROBERT HA'I'CIIER, COMMANDER
- UNI"I'EO STAFFS OF A111).RICA)
SPATE 01' ALASKA )) as.
---' -' -' BIAORI: 4E, the undersigned, a Notary Public in and for the State of Alaska,
personally appeared ROBERT MATCHER known to me to be the Commander of the Veterans
of Foreip,n Wars, Katmai Post No. 7056 who executed the foregoing instrument and
he ackuuwlodged to [hart he signed and sealed the same as his voluntary act and
dead fbr the Veterans of Foreign liars, Katmal Post No. 7056, an organimtiel,
-*AY dnneliiy the naLhorlLy of its [rust,,, and officers for Lill eecs anti purposes
Llie r2l'n nmol i,moJ.
NOTARY FUSL1C In and for Alaska —
... My Commisslon expires: 8-10-81 C�
002079
I,
11 2 i'i
AGREEMENT
AGREEMENT made this 74-4 day of
1983, between Veterans of Foreign War of the United States,
Katmai Post No. 7056, P.O. Box 404, Kodiak, Alaska 99615,
hereinafter called "VFW", and Timberline, Inc., an Alaska
corporation, P.O. Box 722, Kodiak, Alaska 99615, hereinafter
called "Timberline", and Kodiak Island Borough, P.O. Box
1246, Kodiak, Alaska 99615, hereinafter called "KIR".
i. WHEREAS, the VFW entered into a lease agreement
I�
ii with the State of Alaska on April 21, 1972, whereby VFW
leased certain real property from the State of Alaska for a
•Ieriod of lift five
P Y- (55) Years, which property is more
ii
particularly described as follows:
li
Survey of State land creating Tract "A",
located in Sections 19 and 30, Townsite
27 South, Range 19 West, Seward Meridian,
containing 110.78 acres according to the
plat filed in the Kodiak Recording District,
Third Judicial District, State of Alaska,
on January 29, 1970.
WHEREAS, KIB succeeded to the interest of the
State of Alaska in the above described lease;
I!
WHEREAS, Timberline with the consent and permission
of VFW has made improvements to a certain roadway located on
the above described property;
WHEREAS, Timberline desires to utilize said
roadway;
NOW, THEREFORE, in consideration of the promises
and of mutual covenants of the parties hereto and for other
good and valuable consideration, the receipt and sufficiency
i
of which is hereby expressly acknowledged and confessed, the
parties agree as follows:
1. Grant of License. VFW hereby grants to
timerline a license to use that certain roadway and picnic
area, hereinafter "premises", as depicted or. Exhibit "A"
attached hereto and incorporated herein, for purposes of
movement of equipment and materials thereover and access to
-
r,.z -
_01-
ZA41 1,1
Monashka bay for log removal, subject to all of the terms
and conditions hereof.
2. Limitation to Describe Purpose. The premises
may be used by Timberline solely for the purposes described
herein and shall not be used for any other purpose unless
the parties otherwise agree in writing.
3. Term. The license granted shall be for a two
(2) year period
4. Condition of Roadway Not Warranted. VFW and
KIB-do not warrant or represent that the premises are safe,
or suitable for the purposes for which it is permitted to be
used under the terms of this license.
5. License Not Assignable. Timberline's
privileges hereunder shall not be assigned in whole or in
part.
6. Improvement of Roadway. Timberline shall
have the right to enter upon the premises and grade, level,
fill, drain, build, maintain, repair, and rebuild the
roadway, together with such culverts, ramps and cuts as may
be necessary, to accomplish the purposes for which the
- premises is permitted to be used under the terms of this
license.
7. Indemnification. Timberline shall defend
indemnify and hold harmless VFW and KIB or either of them,
and the officers, agents, employees and successors, for
any and all claims or liabilities for personal injuries,
property damage, or for loss of life or property resulting
from, or in any way connected with, Timberline's use of the
premises, or any means of ingress thereto or egress therefrom,
except claims arising from or liabilities caused solely by
the negligence of the party claiming indemnity hereunder. To
secure its obligations under this section Timberline shall
obtain and keep in effect liability insurance in form and
amount satisfactory to VFW and KID, with VFW and KIB as named
-2-
insureds and provide evidence of said insurance prior to any
use of the premises under this agreement.
S. Timberline has No Tnterest or Estate.
Timberline agrees that it does not and shall not claim at
any time any interest or estate of any kind or extent what-
soever in the premises, by virtue of this license or its use
1.
hereunder.
9. Waiver. Waiver by any party of any term or
provision hereof small not be deemed a waiver of any
j; subsequent breach of the same or any other term or provision
hereof.
I I
10. Notices. Any notice of any party hereunder
I
shall be served personally or via certified mail, return
i
receipt requested.
11. Use Not Exclusive. License granted herein to
Timberline is not exclusive; and Timberline shall not use
the license so as to interfere with the exercise by other
licensees or permitees of privileges VFW and KIB may give
from time to time.
12. Removal of Logs. Timberline agrees that logs
shall not be stored on the premises in excess of five (5)
days.
13• Permits. Timberline agrees to obtain any
Federal or State permits required or letters that such permits
are not required, for its intended use of the premises and
- provide copies to HIB.
ill. Approval. KIB approves Timberline's use of
the premises for the purposes described herein, subject to
all the terms and conditions hereof.
15• Modification. No change or modification of
this agreement shall be valid unless the same be in writing
and signed by the parties hereto.
16. Entire Agreement. The making, execution and
delivery of this agreement by the parties has been induced
-3-
by no representations, statements, warranties, or agreements
other than those herein expressed. This agreement embodies
the entire understanding of the parties and there are no
further or other agreements or, understandings, written or
oral, in effect between the parties, relating to the subject
I - matter hereof.
IN WITNESS WHEREOF, the parties have executed this
agreement at Kodiak, Alaska, the day and year first above
written.
i
KODIAK ISLANDBOROUGHVETERANS OF FOREIGN WAR OF
THE UNITED STATES, KATMAI POST
INO. 7056
at% -ft
Manager CommanderTIMBERLINE, IN/C/.' n �/
By: OIPp,l�T
President
ij
STATE OF ALASKA )
St.
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY, that on this i day of,
1983, before the undersigned, a Notary Public in and for Alaska,
duly commissioned and sworn, personally appeared PHIL C. SHEALY,
Manager, Kodiak Island Borough, to me known to be the person
described in and who executed the above and foregoing instrument,
and acknowledged to me that he signed and sealed the same freely
and- voluntarily for the uses and purposes therein mentioned.
WITNESS my hand and official seal.
NRba:' /public in and foy Co ]lain 61 -
14y "comf iron expires: 1,,,1,,14 wec
STATE OF ALASKA )
ss.
THIRD JUDICIAL DISTRICT
THIS IS TO CERTIFY, that on this day of &Lvk,
1983, before the undersigned, a Notary Public in an for laska,
duly c6ulmissioned and sworn, personally appeared
/i cictd , Commander, Veterans of Foreign War of the United
States, Katmai Post No. 7056, to me known to be the person
described in and who executed the above and foregoing instrument,
'1and acknowledged to me that he signed and sealed the same freely
and voluntarily for the uses and purposes therein mentioned.
�'-Y� WITNESS my ban and official seal.
Notary Public in and for Alaska
My commission expires:-/J--DO-c6(2 4
,v
f
STATE OF ALASKA
DEPARTMENT OF NATURAL RESOURCES
DIVISION OF LANDS
323 East Fourth Avenue
Anchorage, Alaska 99501
LEASE AGREEMENT
ADL No. 36049
THIS INDENTURE made and entered into this 21st day of April , 1972 , by
and between the STATE OF ALASKA, through the Director of the Division of Lands, with the
consent and approval of the Commissioner of the Department of Natural Resources, acting for
and on its behalf under and pursuant to AS 38.05, as amended, and the regulations promulgated
thereunder, as amended or hereafter amended, hereinafter referred to as the LESSOR: and
VETERANS OF FOREIGN WARS, KATMAI POST* of P. 0. Box 404, Kodiak, Alaska 99615
hereinafter referred to as the LESSEE:
*No. 7056
WITNESSETH, that whereas the Lessor has classified the lands herein demised as:
Private Recreation ,lands on March 11 19 70
pursuant to AS 38.05, as amended; and
WHEREAS, the Lessor has caused the lands herein demised to be appraised and such
appraisal was made and approved on or after April 17, , 19 72 ; and
WHEREAS, the Lessor has caused a notice of intent to lease the lands herein demised
to be published as required by law or caused notices of intent to lease to be posted as re-
nuired by law; and
WHEREAS, an auction of the herein demised property was held at the time and place
designated by notice and said sale was approved by the Director of the Division of Lands,
Department of Natural Resources, State of Alaska:
NOW THEREFOR, the Lessor has agreed to let and does hereby let and demise to the
Lessee, and the Lessee has agreed to take and does hereby take from the Lessor all that lot,
piece, or parcel of land more particularly bounded and described, as follows:
Survey of State Land Creating Tract "A", Located in sections 19 & 30, Township 27 South,
Range 19 West, Seward Meridian, Containing 110.78 acres according to plat filed in the
Kodiak Recording District on January 29, 1970. Subject to the Special Stipulation that
the Director may terminate all or part of the subject lease if the land has not been used
by the Lessee for the purpose specified in the lease for a period of two (2) years.
TO HAVE AND TO HOLD the said demised premises for a term of Fifty-five
(55 ) years commencing on the 21st day of April 19 72 and ending at
12 o'clock midnight on the Oth day of April 1742027 unless
sooner terminated as hereinafter provided.
The Lessee shall pay to the Lessor rental as follows: Equal annual payments,
in advance, on or before the 21st day of April of every year during
said term at the rate of Four hundred and No/100 -- - ---------------------- Dollars
($ 400.00 ) per year ; such payments to be subject to adjustment at each five-
year interval from the effective date hereof, if the lease term hereof exceeds five years,
such adjustment to be based primarily upon a reappraised annual rental value of land in a
-:te of improvement similar to that of the land described herein at the time this lease
atered into. (
It is agreed that the covenants, terms and agreements'hereincontained shall be )s
binding upon the successors and assigns of the respective parties hereto.
"` 9.,,'.
KODIAK ISLAND BOROUGH
June 29, 1982 Telephones 486-5736 - 486.5737 — Box 1246
KODIAK, ALASKA 99615
Mr. Brent Mackie, Post Commander
Veterans of Foreign Wars
Katmai Post Number 7056
Box 2337
Kodiak, Alaska 99615
Dear Mr. Mackie,
Enclosed please find a "Consent to Sublease" form for your
records concerning the use of a portion of your leased prop-
erty by Felton Construction Company for a temporary construction
camp. This is provided in accordance with Section 18.40.110
of Borough Code on subleasing.
Should you have any questions on this matter please contact
our lands manager, Will Walton, at 486-5736, extension 21.
Sincer/el� yours,
Philip C. Shealy
Borough Manager
CC: Will Walton
John Felton
PCS/WAW/jmj
KODIAK ISLAND BOROUGH
CONSENT TO SUBLEASE
The Kodiak Island Borough, Lessor, hereby consents to the Veterans
of Foreign Wars, Katmai Post Number 7056, Lessee, permission to enter
into an agreement with Felton Construction Company for the establish-
ment of a temporary construction camp on a portion of that Borough
owned land described as:
Tract A of protracted Sections 19 and 30, T27S,
R19W, S.M., according to plat 70-1, filed in the
Kodiak Recording District, Third Judicial District,
State of Alaska, and also known as ADL -36049, K-322
and VFW Lease.
This consent is given by the Lessor, in accordance with the provisions
of Title 18 of Borough Code, without waiving any right of action or
releasing Lessee from any liability or responsiblity under the terms
of the original lease an its amendments. The following conditions
apply to this consent:
1. The construction camp will comply with all
applicable sanitation requirements;
2. The construction camp will be removed upon
completion of the Monashka Creek Reservoir; and
3. No occupancy in the form of a trailer camp
or recreational vehicle facility shall be allowed upon
vacation of the premises by Felton Construction Company.
SIGNED THIS flt DAY OF Vy1)6 , 1982
KODIAK ISLAND BOROUGH
BY: Z�
::::�"
Borough Manager
WITNESS:
BY:1�/—/A�7�a-/i
KODIAK ISLAND BOROUGH
COMMUNITY DEVELOPMENT DEPARTMENT
LEASE INSPECTION REPORT
DATE: -SST 6pz-
LEASEE: �l-[/
COMMENTS:
/ti�//Y-���f Xis �%,���ir✓-'�� ��iusss.��d ��i
71/!'/.�
INSPECTOR'S SIGNATURE:
n�gior3'£�s"�rKie:i153i5�Zi+�YG�•.•�.,...
._..-a
STATE OF ALASKA )
) ss.
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY, that on this = day of at --k
1983, before the undersigned, a Notary Public in and, fo- Alaska,
duly commissioned and sworn, personally appeared
�S Lthtll President, Timber3.ine, Inc., to me known to be
the person described in and who executed the above and forego9.ng
instrument, and acknowledged to me that he signed and sealed the
same freely and voluntarily for the uses and purposes therein
mentioned.
i WITNESS my handandofficial seal.
;.0 Notary Publicinand for Alaska
My>.comnission expires: /!d0'86
I
-5-
T(ODIAK ISLAND BOROUGH
Telephones 486-5736 - 486-5737 — Box 1246
June 29, 1982 KODIAK, ALASKA 99615
Mr. Brent Mackie, Post Commander
Veterans of Foreign Wars
Katmai Post Number 7056
Box 2337
Kodiak, Alaska 99615
Dear Mr. Mackie,
Enclosed please find a "Consent to Sublease" form for your
records concerning the use of a portion of your leased prop-
erty by the Kodiak Island Sportsman's Association. This is
provided in accordance with Section 18.40.110 of Borough
Code on subleasing.
Should you have any questions on this matter please contact
our lands manager, Will Walton, at 486-5736, extension 21.
Sinc// lye� yours
j�GltiC
Philip C. Shealy"
Borough Manager
CC: Will Walton
Don Brenteson, KISA President
.George Vogt, KISA Attorney
PCS/WAW/jmj
K.ODIAK ISLAND BOROUGH
CONSENT TO SUBLEASE
The Kodiak Island Borough, Lessor, hereby grants to the
Veterans of Foreign Wars, Katmai Post Number 7056, Lessee,
permission to enter into a lease agreement with the Kodiak
Island Sportsman's Association for the construction of a
firearms training and firing facility on a portion of that
Borough owned land described as:
Tract A of protracted Sections 19 and 30, T27S,
R19W, S.M., according to Plat 70-1, filed in the
Kodiak Recording District, Third Judicial District,
State of Alaska, and also known as ADL -36049, K-322
and VFW Lease.
This consent is given by the.Lessor, in accordance with the
provisions of Title 18 of Borough Code, without waiving any
right under the terms of the original lease and its amendments.
The following conditions apply to this consent:
1. Timber cutting will be held to a minimum and
trees larger than 18" diameter will not be felled without
prior permission of the Lessor; and
2. A survey containing area to be used by the
Sportsman's Association, will be provided to the Lessor.
SIGNED THIS_DAY OF �(/�'c 1982.
KODIAK ISLAND BOROUGH
BY: /L
Boroug'h Manager
WITNESS:
BY
:z
May 31 06 03:11,p J.E.T.
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Lockton Risk Services
P.O. Box 410679
THIS ( RT7FICATE IS ISSUED AS A NATTER OF INFORNAI"m
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
lOUCY NUIIIW
Kan6as City, MO 64141-0679
INSURERS AFFORDING COVERAGE
PH:1-800-829-8390
'NwRED Robert L. Spencer Memorial Poet 47056
DlaA , Westport Insurance Ce ration
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COVERAGES
THE POUGES OF RNSURANCF LISTED BELOW HAVE BEEN ISSUED 70 THE INSURED NAMED ABOVE FOR THE POLICY PER OO INDICATED. N07WITHSTANDINO
ANY ROQUIRENBNT, TRIM OR OOMRpN OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY AIN, THE INLIMITS SHOWNRAVE THEES HCWMS. wsjWr To ALL THE TERM% E=LUSIONS AND CONDITIONS OF SUCH
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21. The Leasee, after written request therefor has been filed with the Lessor
and prior to the commencement of such work, may receive credit toward current or future
rentals, provided the contemplated work, to be accomplished on or off the area leased
herein, in the discretion of the Lessor, shall result in increased valuation to other
!State-owned lands. The Lessor's authorization to proceed with the work for rental credit,
if granted, shall stipulate the type and extent of improvements, standards of construction
to be followed and the maximum allowable rental credit therefor; provided further thatno
rental credit shall inure to the Lessee until the work has been conpleted and the Lessor_
has inapected.same to determine compliance with the provisions of said authorization.
22. If, upon the -expiration of this lease, the Lessee desires a renewal lease
on the lands, properties or interests covered herein, he shall within 30 days before the
expiration of this lease, make application to the Lessor on Form DL -74 entitled
"Application for Renewal of Lease", in which he must certify under oath as to the character
and value of all the improvements existing upon the land, the purpose for which he desires
a renewal and such other information as the Director of the Division of Lands may require.
Along with the application the applicant shall deposit a sum equal to 507. of the current
annual rental, as provided herein, but in no event to exceed the sum of $50.00. The
Lessor may thereupon lease said lands in compliance with the provisions herein enumerated,
AS 38.05, as amended, and the rules and regulations promulgated thereunder, allowing a
preference right to the Lessee herein.
23. The Lessee hereunder shall, upon the expiration of this lease or the prior
termination thereof by mutual agreement, be allowed a preference right to re -Lease the
lands leased herein if all other pertinent factors are substantially equivalent. If the
renewal lease does not require public auction, the preference right holder shall exercise
his rightwithin30 days before the expiration of this lease by written notice directed to
the Lessor and failure to do so shall result in forfeiture and termination of such prefer-
ence right. In the event that the lease is subject to and is offered at public auction
the preference right holder, shall, at the close of bidding, indicate his desire [o
;:xerc lse his preference right and meet the highest hid. In the event the preference right
holder does not elect to exercise his right and fails to do so at this time his preference
right shall be forfeited and forever lost.
24. Improvements owned by a Lessee on Alaska lands shall within Co days after
termination of the lease be removed by him; provided, such removal will not cause injury
or damage to the lands; and further provided, that the Lessor may extend the time for
removing such improvements in cases where hardship is proven. The retiring Lessee or
permittee may, with the consent of the Lessor, sell his Improvements to the succeeding
lessee or permittee.
If any improvements and/or chattels having an appraised value in excess of
$10,000.00 as determined by the Lessor are not removed within the time allwed, such
improvements and/or chattels shall upon due notice to the Lessee, be sold at public sale
under the direction of the Lessor. The proceeds of sale shall Inure to the Lessee who
placed .such improvements and/or chattels on the lands after paying to the Lessor all rents
due and owing and expenses incurred in making such sale. In case there are no other
bidders at -any such sales, the Lessor is authorized to bid on such improvements and/or
chattels. The Lessor shall acquire all the rights, both Legal and equitable, that any
other purchaser could acquire by reason of said Purchase.
If any improvements and/or chattels having an appraised value of $10,000.00 or
less, as determined by the Lessor, are nor removed within the time allowed, such Improve-
ments and/or chattels shall revert to and absolute title shall vest in the Lessor.
j 25. If any clause, or provision, herein contained, shall be adjudged to be
_�:nvaLid, it shall not affect the valid
or conscicute any cause of ity of any other clause or provision of this Lease
action In favor of either party as against the oCner.
;6. The Lessee agrees to pay all taxes that may be levied against the pra-
ises during the term of chis lease.
14. This lease may not be modified orally or in any manner other than by an
---,ment in writing signed by all parties hereto or their respective successors in Interest.
15. The Lessee's rights under this lease may be terminated by the Director, in
whole or in part, if the leased premises are being used for an unlawful purpose.
16. If the Lessee should default in the performance of any of the terms, cove-
nants or stipulations herein contained or of the regulations promulgated pursuant to
AS 38.05, as amended, and said default shall not be remedied within 30 days after written
notice of such default has been served upon the Lessee by the Lessor, the Lessee shall be
subjected to such legal action as the Lessor shall deem appropriate including but not
limited to, the forfeiture of this lease. No improvements may be removed by the Leasee
during any period in which this lease to in default. In the event that this lease shall
be terminated because of a breach of any of the terms, covenants, or stipulations contained
herein the annual rental payment last made by the Leasee shall be retained by the Lessor
as liquidated damages.
17. Any notice or demand which must be given or made by the parties hereto shall
be in •writing, and shall be complete by sending such notice or demand by United States.
registered or certified mail to the address shown on the lease or to such other address as
the parties shall designate in writing from time to time. A copy of any such notice shall
be forwarded by the Lessor to any lienholder who has properly recorded his interest in the
lease with the Lessor.
18. In the event that this lease is terminated as herein provided, by summary
proceedings or otherwise, or in the event that the demised lands, or any part thereof,
'.old be abandoned by the lessee during the term of this lease, the Lessor may immedi-
y, or at any time thereafter, enter or re-enter and take possession of said lands, or
-.•y part thereof, and without liability for any damage therefor, remove all persons and
property therefrom either by summary proceedings or by a suitable action or proceeding at
law; provided, however, that the words "entry" and "re-entry" as used herein, are not
restricted to their technical legal meaning. Any entry or re-entry, possession,
repossession, dispossess, and/or dispossession by the Lessor, whether had or taken by
summary proceedings, or otherwise, shall not be deemed to absolve, relieve, release or
discharge the Lessee, either in whole or in part, -from any liability hereunder.
19. Upon the expiration, termination or cancellation of this lease, unless the
same has been renewed, the Lessee shall quietly and peaceably leave, surrender and yield
up unto the Lessor all of the leaded land on the last day of the term of the lease.
20. The receipt of rent by the Lessor, with or without knowledge of any breach
of the lease by the Lessee or of any default on the part of the Lessee in observance or
performance of any of the conditions or covenants of this lease, shall not be deemed to
be a waiver of any provision of this lease. No failure on the part of the Lessor to en-
force any covenant or provision herein contained, nor any waiver of any right hereunder by
the Lessor, unless in writing, shall discharge or invalidate such terms or covenants or
affect the right of the Lessor to enforce the same in the event of any subsequent breach
or default. The receipt by the Lessor of rent or any other sum of money or the termination,
in any manner, of the term therein demised, or after giving by the Lessor of any notice
hereunder to affect such termination, shall not reinstate, continue, or extend the
resultant term herein demised, or destroy, or in any manner impair the efficacy of any
—ch notice of termination as may have been given hereunder by the Lessor to the Lessee
)r to the receipt of any such sum of money or other consideration, unless expressed in
ting and signed by the Lessor.
5. Under this lease the Lessee acquires no interest whatsoever in any coal, oil,
gas and other minerals or any deposits of stone or gravel valuable for extraction or utili-
zation or any materials subject to Title 11, Division 1, Chapters Four (4), Five (5) and
Six (6), Alaska Administrative Code, as amended or as shall hereafter be amended. The
Lessee shall nor sell or remove or attempt to seal or remove any timber, stone, gravel,
peatmoss, or any other material valuable for building or commercial purposes; provided,
however, that oaterial required in the enjoyment of this lease may be used after a written
permit therefor has been obtained from the Lessor.
E. The Lessor expressly reserves the right to grant easements or rights-of-way
across the land herein leased if it is determined by the Director to be in the best
interests of the State to do so; provided, however, that the Lessee shall beentitledto
compensation for all improvements or crops which are damaged or destroyed as a direct
result of the utilization of such easement or right - of -way.
7. The Lessee shall not commit waste or injury upon the property leased herein.
8. If the lands leased herein are classified and leased as grazing or agri-
cultural lands the Lessee shall not prevent or deny the lawful pursuit or the hunting of
game or Lite taking of fish; provided, however, Lite Director, upon request in writing, may
allow the lands leased herein, or portions thereof, to he posted to prohibit hunting and
fishing when it appears necessary in order to properly protect the Lessee and his property.
9. Should the lands herein leased lie within the jurisdiction of any authorized
building or zoning authority they shall be utilized in accordance with the rules and regu-
-tons promulgated by said authority.
10. The Lessee shall take all reasonable precaution to prevent, and take all
reasonable action to suppress grass, brush and forest fires on the land herein leased.
11. The Lessee shall allow the Lessor, through its duly authorized representa-
tive, to enter upon the leased premises, at any reasonable time, for the purpose of an
inspection thereof.
12. :hen the Lessee shall n;e the lands leased herein to construct any form of
hydraulic project or employ any equipment or engage in any activity which will use, divert,
obstruct, pollute or change the natural flow or Sed of any river, lake or stream or that
will utilize any of the waters of the .State or materials from any river, lake or stream
beds, the Lessee shall, prior to the commencement of any such operations, procure the
approval of the Commissioner of the Department of Fish and Came and the original or an
image cony thereof shall be filed with the Lessor prior to the commencement of such
activity. -
13. The Lessee may assign. _he lan.ls, or�orcion ti,ereof, herein demised, pro-
vided, he first ma Kes applicat ton to she Lessor for a permit. The Director, in his
discretion, may issue such ner,it if :.e tfnds it to be In t^,e nest interest of Alaska. Pio
assignment shall be permitted until the assignee thereunuer agrees to becorti sub Ject to and
be governed by the provisions of this lease in c.`e same ,canner as though he were the origi-
nal Lessee. No such assignment will be effective untti the Director signs and issues a
written permit therefor.
It is hereby mutually covenanted and agreed that this indenture is made upo [he`
foregoing, and upon the following agreements, conditions, covenants, and terms, VIZ:
1. The word "Lessor" as and wherever used in the lease, shall be construed to
include, and shall include, bind and inure to the benefit of the State of Alaska, its
successors and assigns, at any time during the term of this lease or any renewal thereof;
and the word "Lessee" as and wherever used in this lease shall be construed to include and
shall include and bind and inure to the benefit of the Lessee, his successors and assigns.
2. It shall be the responsibility of the Lessee to properly locate himself and
his improvements within the confines of the property leased herein.
3. The Lessor, hereby expressly saves, excepts and reserves out of the grant
hereby wade unto itself, its lessees, successors, and assigns forever, all oils, gases,
coal, ores, minerals, fissionable materials, and fossils of every name, kind or descrip-
tion, and which may be in or upon said lands above-described, or any part thereof, and the
right to explore the same for such ails, gases, coal, ores, minerals, fissionable materials,
and fossils, and it also hereby expressly saves and reserves out of the grant hereby made,
unto itself, its lessees, successors, and assigns forever, the right to enter by itself, its
or their agents, attorneys, and servants upon said lands, or any part or parts thereof, at
any and all times, for the purpose of opening, developing, drilling,and working mines or
wells on these or other lands and taking out and removing therefrom all such oils, gases,
coal, ores, minerals, fissionable materials and fossils, and to that end it further
expressly reserves out of the grant hereby made, unto itself, its lessees, successors, and
assigns forever, the right by its or their agents, servants and attorneys at any and all
times to erect, construct, maintain, and use all such buildings, machinery, roads, pipe-
lines, powerlines, and railroads, sink such shafts, drill such wells, remove such soil, and
to remain on said lands or any part thereof for the foregoing purposes and to occupy as
ankh of said lands as may be necessary or convenient for such purposes hereby expressly
-•.eserving to itself, its lessees, successors, and assigns, as aforesaid, generally all
ghts and power in, to,and over said land, whether herein expressed or not, reasonably
.,ecessary or convenient to render beneficial and efficient the complete enjoyment of the
property and rights hereby expressly reserved.
Provided, however, no rights shall be exercised by the Lessor or its Lessees,
until provision has been made by the Lessor or its Lessees, to pay to the Lessee of the
land, upon which the rights herein reserved to the Lessor or its Lessees, are sought to be
exercised, full payment for all damages sustained- by said Lessee, by reason of entering
upon said land; provided, that if said Lessee for any cause whatever refuses or neglects to
settle said damages, the Lessor or its Lessees, or any applicant for a lease or contract
from the Lessor or its Lessees for the purpose of prospecting for valuable minerals, or
option contract or lease for mining coal or lease for extracting petroleum or natural gas,
shall have the right, after posting a surety bond with the Director issued by a corporation
qualified to do business in Alaska and licensed to sell insurance in Alaska or a bond exe-
cuted by one or more individual sureties approved by the Director, after due notice and
opportunity to be heard, to be sufficient in amount and security to secure the said Lessee
full payment for all such damages; to enter upon the land in the exercise of said reserved
rights, sod shall have the rignt to institute such legal proceedings in a court of competent
Jurisdiction wherein the land is situated, as may be necessary to determine the damages
which the surface lessee of such lands may suffer.
4. The lands leased herein have been ciessifled as shown on Page 1 of this
agreement and in accordance with the Classification Regulations, Title 11, Division 1,
Chapter 1, Subchapter 1, Alaska Administrative Code and any use thereof which shall be in
material conflict with said classification shall, if not remedied after due notice there -
,has been served on the Lessee, constitute a breach of this
,;reupon terminate same lease and the Lessor may
in accordance with provisions herein contained. The Lessor does
not warrant that by such classiflcetion the land is ideally suited for the use authorized
thereunder and the Lessor gives no guaranty, actual or implied, that the utilization under
said classification will be profitable.
j