T31S R19W - ZCP 7/2/2026Kodiak Island Borough
Community Development Department
710 Mill Bay Road Room 202
Kodiak, Alaska 99615
Phone (907) 486-9363 Fax (907) 486-9396
bcurtie@kodiakak.us
Zoning Compliance Permit Permit No. '?',t WZU —
The following information is to be supplied by the Applicant
Property Owner/Applicant: Justin Abbott on behalf of AT&T Mobility
Mailing Address: 870 Oravetz Road SE, Auburn, WA 98092
Phone Number: (206) 790-4655
Other Contact Email, etc..: 7ustin.abbotteselectsiteacq.com
Legal Description: Subdv: T31S R19W Block: Lot:
Street Address: 50800 Narrow Cape / MP 44 Pasagshack Road Parcel ID #18952
Use & Size of Existing Structures: AT&T Communications Facility - 25' x 25' fenced compound with
100-foot monopole, equipment shelter and existing diesel generator.
Description of Proposed Action: AT&T proposes to upgrade the existing facility by removing the
outdated diesel generator system. Pouring a new concrete pad and installing a new diesel
generator system inside the fenced compound. Additionally, an access gate is proposed in the
SW corner to allow for the required clearances from the generator. See drawings.
Applicant Certification: I hereby certify that I will comply with the provisions of the Kodiak Island Borough Code
and that I have the authority to certify this as the property owner. or as a representative of the property owner. I
agree to have identifiable corner markers in place for verification of building setback (yard) requirements.
Title: Representative Print Name: Justin Abbott
Justin Abbott °"'""°"4'" Date: 2-1e-2o26 Signature: "•��
Site Plan to include lot boundaries and existing easements and buildings, proposed location of new construction,
access points, and vehicular parking area, As -Built required with all improvements changes.
This permit is only for the proposed project as described by the applicant. If there are any
changes to the proposed project, including its intended use, prior to or during its siting,
construction, operation, contact this office immediately to determine if further review and
approval of the revised project is necessary.
THIS FORM DOES NOT AUTHORIZE CONSTRUCTION WHEN A BUILDING
PERMIT IS REQUIRED.
// Staff Compliance Review
Does the Project involve EPA / Proof of EPA notification p ovided (if required)?
Defined Facility? `Commerical B 'dings, `Required for all demos, renovatio disturbing at least UO sq
Installations, institutions, and resi ces feel, 260 lineafeet, or 35 cubic fl Regulated Asbestos Containing
With more than four (4) dwe g unites` Material {RACM} and for renovation t t remove load supporting structure`
Expiration: Any Zoning Compliance Permit issued is subject to the same expiration, suspension, and revocation
provisions as a building permit issued far the same construction permit.
Current Zoning: � � 1, `j Z7 Prop. ID: M5_�2_
Lot Area:Lot Width:' Building Height: i�5, tyi0'a -ez
Front Yard: Cy"'L rl toe. Side Yard: as Rear Yard: SL—
Parking Plan: pJ14 Parking Spaces: )� As -Built: iA
Staff Notes: 150� S-'�M e,gcieAMVYt(q r S nn S Se}i[�D
*-T" 16hL9W Unbnx)n iIQ aDLO,
Date:
Payment Verification
Waived:
Less than 1.75 Acres:
1.76 to 5.00 Acres:
5.01 to 40.00 Acres:
40.01 Acres or more:
Staff Certification
CDD Staff Signature:
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AN2465 Kodiak Launch Complex
Kodiak Launch Complex 4
AK-02
CELL TOWER CONSTRUCTION AND OPERATION AGREEMENT
AADC-08-002
AGREEMENT made this 30th day of November 2007 by and between ALASKA
AEROSPACE DEVELOPMENT CORPORATION ("AADC"), whose address is 4300 B Street,
Suite 101, Anchorage, AK 99503, and DOBSON CELLULAR SYSTEMS, INC. ("Dobson"),
having a place of business at 3910 South Avenue, Youngstown, OH 44512.
WITNESSETH:
WHEREAS, AADC owns and operates a spaceport located on Narrow Cape, Kodiak
Island Alaska, known as the Kodiak Launch Complex ("KLC'); and
WHEREAS, AADC requires modem and efficient communication infrastructure,
including cellular telephone facilities, to support rocket launch operations at the KLC; and
WHEREAS, communications infrastructure needs of the KLC were analyzed under
processes of the National Environmental Policy Act ("NEPA") in the KLC Site License
Environmental Assessment and in the Ground -based Midcourse Extended Test Range
Environmental Impact Statement; and
WHEREAS, the referenced NEPA documents included complete coordination with state
and federal oversight agencies including in part the State Historic Preservation Office, the Army
Corps of Engineers, and the State Coastal Zone Management Office; and
WHEREAS, Dobson is willing to construct and operate cellular telephone infrastructure
at the KLC that will be owned by AADC, and that will be used to provide telecommunications
service to AADC and other customers, under the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the premises and the mutual covenants herein,
the parties agree as follows:
1. License. AADC hereby grants Dobson a license for the construction, operation,
maintenance and repair of a radio and radio -telephone transmission and receiving tower, an
equipment shelter building to be located adjacent to the base of the tower, and items incidental
thereto (together, the "Facilities") on a site at the KLC of approximately 25' x 25'dimension the
legal description of which is attached hereto as Exhibit "A" (the "Premises"). The license also
includes the right of ingress to and egress from the Premises and to use a reasonable amount of
land surrounding the Premises temporarily to conduct tests to determine if the Premises are
suitable for the location of the Facilities as well as during construction of the Facilities.
2. Facilities. Dobson shall provide all labor, materials and equipment, and pay all costs,
involved in the construction, use, operation, maintenance and repair of the Facilities. Dobson
shall design and construct the Facilities in accordance with standards prevailing in the cellular
telephone industry, taking into account the prevailing climate in the Narrow Cape area, and to
CELL TOWER CONSTRUCTION AND OPERATION AGREEMENT Page t of 6
AADC-08-002
Kodiak Launch Complex
AK-02
accommodate reasonably foreseeable co -location of other telecommunications carriers' antennas
on the transmission tower and electronic equipment in the equipment shelter building/platform.
Upon completing the construction of the Facilities to the satisfaction of AADC, Dobson shall
convey all of its right, title and interest in and to the Facilities to AADC for the sum of Ten
Dollars ($10.00). Thereafter the license granted by AADC to Dobson in Section 1 shall include
a license to use, operate, maintain and repair the Facilities. AADC covenants that Dobson, on
performing the covenants to be performed herein, shall peaceably and quietly have, hold, and
enjoy the Facilities and the Premises.
3. Term and Termination. The initial term of this Agreement shall commence on the
first day of December 2007, and shall continue, unless sooner terminated, until midnight May 17,
2024, which is the expiration date of Lessor's Interagency Land Management Assignment
(ILMA); provided, however, that if Dobson is not then in default in keeping and performing any
of its covenants hereunder, this Agreement will automatically renew for five (5) additional
successive periods of five (5) years each. Dobson shall have the right to terminate this License
or any extension thereof without further liability at any time upon giving AADC ninety (90) days
notice. Dobson shall have all of its equipment removed from the Facilities within the ninety (90)
day period. After any termination of this License, AADC shall be responsible for the maintence
of the Facilities, including compliance with all painting and lighting requirements adopted by the
Federal Aviation Administration or the Federal Communications Commission.
4. Permits. Dobson is responsible for obtaining all governmental licenses, permits and
approvals required for the construction, use, operation, maintenance and repair of the Facilities.
If by December 31, 2007, Dobson has been unable to obtain all licenses, permits and approvals
necessary to construct, use and operate the Facilities, Dobson may terminate this Agreement by
written notice to AADC, and remove any property Dobson has placed on the Premises,
whereupon neither party shall be under any further obligation to the other under this Agreement.
5. Access; Security. Dobson will have seven (7) days a week, twenty-four (24) hours a
day unrestricted access to the Premises, except as this section provides otherwise. AADC may
restrict access to the Premises when access within the KLC is restricted for launch operations.
At all times, access to the Premises by Dobson, its licensees, agents, employees, contractors and
invitees, shall be subject to the security requirements of AADC that then are in effect, including
without limitation obtaining and maintaining necessary security clearances, producing
identification verifying a person's identity and employment, displaying a visitor's pass issued by
AADC, and submitting to searches of one's person, vehicle, and tools and equipment. AADC
shall not be responsible for any delays or costs resulting from security clearance requirements,
restrictions of access to the Premises for launch operations, or compliance with other security
measures required by AADC at the KLC. Security requirements could include shutting the
facility down temporarily during active launch activities.
6. Reliability of Facilities Operation. Dobson will maintain the Facilities in a manner
that will minimize interruption of cellular telephone service at the KLC. Dobson will report to
AADC the status of efforts to resolve any service interruption exceeding six (6) hours in
duration. Dobson will coordinate any planned service interruptions due to maintenance work
CELL TOWER CONSTRUCTION AND OPERATION AGREEMENT Page 2 of 6
AADC-08-002
Kodiak Launch Complex MW 1W
AK-02
with AADC to ensure that cellular service in not interrupted during active launch activities at the
KLC.
7. Co -location of Telecommunications Equipment. As partial consideration for the
license granted by AADC under this Agreement, Dobson agrees to offer to third parties the right
to install and operate communications equipment on and in the Facilities (the "Co -location
Rights"). As a condition to granting Co -location Rights, Dobson may impose the following
terms: (i) a co -locator's proposed use shall not be incompatible or cause interference with the
rights of existing co -locators; (ii) each co -locator shall pay a proportionate share of the cost of
the construction, use, operation, maintenance and repair of the Facilities and the Premises and
abide by the reasonable rules and regulations imposed by Dobson in connection with the
operation of the Facilities; (iii) the installation and operation of the co -locator's equipment shall
be in accordance with all federal, state and local laws, regulations and published policies; and
(iv) each co -locator agrees to cooperate with Dobson and any other co -locators in connection
with the performance of any work at the Facilities.
8. Agreement Subiect to ILMA. This Agreement and Dobson's rights hereunder are in
all respects subject and subordinate to the terms and conditions of the ILMA, a copy of which is
attached as Exhibit B, and the exhibits thereto, which are incorporated by reference herein,
including without limitation paragraph 20 of Exhibit B to the ILMA, which provides, "Radio
Interference. The Alaska Aerospace Development Corporation will cooperate and work with the
US Coast Guard to ensure that all communication and electronic equipment are compatible"
9. Indemnification and Insurance. (a) Dobson shall defend, indemnify and hold AADC,
its officers, agents and employees harmless from and against any and all claims,
demands and suits at law or equity in connection with any accident, injury to or death
of any person or damage to or destruction of property arising directly or indirectly
from Dobson's use or occupancy of the Facilities and the Premises, including the acts
or omissions of Dobson, its licensees, agents, employees, contractors or invitees,
including any and all costs, expenses, court costs, attorney fees and liability incurred
in connection with any such claim, demand or lawsuit. (b) AADC shall defend,
indemnify and hold Dobson, its officers, agents and employees harmless from and
against any and all claims, demands and suits at law or equity in connection with any
accident, injury to or death of any person or damage to or destruction of property
arising directly or indirectly from AADC's use or occupancy of the Facilities and the
Premises, including the acts or omissions of AADC, its licensees, agents, employees,
contractors or invitees, including any and all costs, expenses, court costs, attorney
fees and liability incurred in connection with any such claim, demand or lawsuit. (c)
AADC and Dobson shall each maintain at their own expense comprehensive general
liability and property liability insurance with liability limits of not less than
$2,000,000.00 for injury to or death of one or more persons in any one occurrence
and $1,000,000.00 for damage or destruction to property in any one occurrence.
10. Environmental Compliance.
(a) AADC warrants to Dobson that the Premises are free of hazardous substances
as of the date of this Agreement. AADC agrees to indemnify, defend and hold harmless
CELL TOWER CONSTRUCTION AND OPERATION AGREEMENT Page 3 of 6
AADC-08-002
V III III I I IIII I'
ii i I ilil'll I I
Kodiak Launch Complex •
AK-02
Dobson against any and all claims, losses, liabilities, damages, penalties and expenses
which Dobson may directly or indirectly sustain or suffer resulting from a breach of this
Section 10(a).
(b) Dobson covenants and agrees that during Dobson's possession of any part of
the Premises, there has not been and will not be any use, generation, manufacture,
storage, treatment, disposal, release, or threatened release of any hazardous waste or
substance by Dobson, its employees, licensees, invitees or agents, on, under, or about the
Premises, except to the extent such activity is conducted in compliance with all
applicable laws. Dobson agrees to indemnify, defend and hold harmless AADC against
any and all claims, losses, liabilities, damages, penalties and expenses which AADC may
directly or indirectly sustain or suffer resulting from a breach of this Section 10(b).
(c) The terms "hazardous waste," "hazardous substance," "disposal," "release"
and "threatened release," as used in this Section shall have the same meanings as set forth
in the Comprehensive Environmental Response, Compensation, and Liability Act of
1980, as amended, 42 U.S.C. § 9601, et seq. ("CERCLA"), the Superfund Amendments
and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"), the Hazardous
Materials Transportation Act, 49 U.S.C. § 1801, et seq., the Resource Conservation and
Recovery Act, 49 U.S.C. § 6901, et seq., or other applicable environmental laws.
(d) The provisions of this Section 10, including the obligations to indemnify,
shall survive the expiration or termination of this Agreement.
11. Notices. Any notice required or permitted hereunder will be deemed to have been
delivered upon sending the notice. Any notice required or permitted hereunder shall be given by
hand delivery, sent by telecopier, or sent by overnight delivery service, directed as follows, or to
such other address as either party may designate by giving notice to the other party as provided
herein:
If to Dobson: Dobson Cellular Systems, Inc.
3910 South Avenue
Youngstown, OH 44512
Attn: Leasing Dept.
Phone: 330-509-6843/Fax: 330-509-6019
with a copy to: Dobson Cellular Systems, hie.
Ronald Ripley, Esq.
14201 Wireless Way
Oklahoma City, OK 73134
If to AADC: Alaska Aerospace Development Corporation
4300 B Street, Suite 101
Anchorage, AK 99503
Attn: Dale Nash, President and COO
Phone: 907-561-3338/Fax: 907-561-3339
CELL TOWER CONSTRUCTION AND OPERATION AGREEMENT Page 4 of 6
AADC-08-002
Kodiak Launch Complex
AK-02
12. Assiamnent. Dobson may not assign, sublease or otherwise transfer this Agreement
without the prior written consent of AADC, which consent shall not be unreasonably withheld.
Notwithstanding any provision herein which may conflict with this sub -section, any of the
following events, transfers, assignments, or sublicenses (referred to herein as a Permitted
Transfer) may take place or be made by Dobson without the need for prior approval by Dobson,
or any transfer fees or other requirements applicable to other transfers, assignments or
sublicenses of this License, to -wit:
(a) any transfer, assignment or sublicense of this License as to any part or all of the licensed
premises to an entity which is affiliated with Dobson. For purposes of this paragraph, an
affiliated entity is an entity in which there is a common owner owning at least a ten percent
(10%) ownership interest in both Dobson and the other affiliated entity, and shall include but not
be limited to parent and subsidiary entities to Dobson, any subsidiary entity of Dobson
Communications Corporation, as well as partnerships or joint ventures in which Dobson
Communications Corporation, or any of its subsidiary entities, is a general partner or joint
venturer, such transfers shall also include any transfers of this License resulting from any merger
of or with Dobson;
(b) any transfer, assignment or sublicense of this License to a transferee or assignee of
Dobson's FCC wireless license; or
(c) any transfer, assignment or sublicense of this License to a transferee or assignee which
has or acquires a controlling ownership interest in Dobson, whether by merger or otherwise.
For any Permitted Transfer under this subsection, within twenty (20) business days after any
such transfer, Dobson shall provide AADC with the written adoption, ratification and assumption
of this License from the transferee, assignee, or successor of Dobson.
13. Successors. This Agreement shall run with the Premises and shall be binding
upon and inure to the benefit of the parties hereto and their respective successors, personal
representatives, heirs and permitted assigns.
14. Entire Agreement; Amendments. This Agreement constitutes the entire
understanding and agreement of the parties as to the matters set forth in this Agreement. No
alteration of or amendment to this Agreement shall be effective unless given in writing and
signed by the party or parties sought to be charged or bound by the alteration or amendment.
15. Applicable Law. This Agreement shall be governed by and construed in accordance
with the laws of the State of Alaska.
16. Caption headings. Caption headings in this Agreement are for convenience purposes
only and are not to be used to interpret or define the provisions of this Agreement.
17. Severability. If a court of competent jurisdiction finds any provision of this
Agreement to be invalid or unenforceable as to any person or circumstance, such finding shall
not render that provision invalid or unenforceable as to any other persons or circumstances. If
feasible, any such offending provision shall be deemed to be modified to be within the limits of
enforceability or validly; however, if the offending provision cannot be so modified, it shall be
CELL TOWER CONSTRUCTION AND OPERATION AGREEMENT Page
AADC-08-002
Kodiak Launch Complex MF 1W
AK-02
stricken and all other provisions of this Agreement in all other respects shall remain valid and
enforceable.
18. Waiver. AADC shall not be deemed to have waived any rights under this Agreement
unless such waiver is given in writing and signed by AADC. No delay or omission on the part of
AADC in exercising any right shall operate as a waiver of such right or any other right. A
waiver by AADC of a provision of this Agreement shall not prejudice or constitute a waiver of
AADC's right otherwise to demand strict compliance with that provision or any other provision
of this Agreement. No prior waiver by AADC, nor any course of dealing between AADC and
Dobson, shall constitute a waiver of any of AADC's rights or of any obligations of Dobson as to
any future transactions. Whenever the consent of AADC is required under this Agreement, the
granting of such consent by AADC in any instance shall not constitute continuing consent in
subsequent instances where such consent is required, and in all cases such consent may be
granted or withheld in the sole discretion of AADC.
19. Counterparts. This Agreement may be executed in any number of counterparts, all of
which shall be deemed to be the same Agreement.
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its
duly authorized officer as of the date first written above.
ALASKA AEROSPACE DEVELOPMENT CORPORATION
Of
By:
Dale ash, P esident and COO
DOBSON CELLULAR SYSTEMS, INC.
By: 1. lY16?
Timothy fy; enior is
President and Chief Technical Officer
CELL TOWER CONSTRUCTION AND OPERATION AGREEMENT Page 6 of,S'bQ
AADC-08-002
EXHIBIT A
DESCRIPTION OF PREMISES
CELL TOWER CONSTRUCTION AND OPERATION AGREEMENT EXHIBIT A
F:\505274\51 \TFK8647. DOC
• Exhibit A
XTechnkW Control Facil
ated wltihin the Description:
1. AADC owns and operates two 12-strand fiber optic cables
between the Kodiak Launch Complex (KLC) Technical Control
Facility (TCF) and the Kodiak Kenai Cable Company (KKCC) fiber
hut. These cables are contained within conduit between
communication vaults C1 thru C6.
2. AADC will allow GCI to transport a portion of their fiber network
from within the KKCC fiber but to the KLC TCF.
C 3 3. AADC will allow GO to use the KLC Fiber Multiplexer, located in
the KLC TCF, to break out a T-1 from their network portion.
Pashagshak Road
4. AADC will provide two fiber strands from the KLC TCF to the
KKCC fiber but for GCI to transport the T-1 to the Cellular One cell
tower.
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' F t�+lFRANKH. MURKOWSKI'j¢ E �;ii GOVERNOR
DEPARTMENT OF NATURAL RESOURCES
DI✓ISION OFM/N/NG, LANOAND WATER 550 W. 7TH AVE., SUITE 900C
SOUTHCENTRAL REGIONLAND OFFICE ANCHORAGE, ALASKA 99501-3a77
July 20, 2005
Mr. Pat Ladner, President and CEO
Alaska Aerospace Development Corporation
4300 B Street, Suite 101
Anchorage, AK 99503
Dear Mr. Ladner,
Enclosed please find the amended Interagency Land Management Assignment (ILMA),
ADL #226285, ready for your signature. Exhibit "A" reflects the additional land now
part of the ILMA. Please note that stipulation #13 (Facility Funding) has been excluded
from the original ILMA and stipulation #14 has been added regarding public access,
There are no other changes to the stipulations included as Exhibit `B" in the amended
ILMA.
Please sign and have notarized page 5 of the stipulations and rerun all three parts to this
office. I will then have Commissioner Irwin sign the ILMA with a notary.. A copy will
then be mailed to you.
It was a pleasure to meet Mr. Sal Cuccarese in Kodiak a few weeks ago. He did an
excellent job of showing us around the launch complex. His knowledge gave me a great
,appreciation for the facility. If you have any questions, please do not hesitate to give me
a call. My direct number is 269-8557 or I can be reached via email at:
ioho thiedenadnnstate.ak.us.
Sincerely,
Joh S. Thiede
Natural Resource Manager
"Develop, Conserve and Enhance Natural Resources fi
EXHIBIT B
STATE OF A.LASKA
Department of Natural Resources
Division of Mining, Land, and Water
Interagency Land Management Assignment
Alaska Aerospace Development Corporation
(Kodiak Launch Complex)
ADL #226285
This is the second amendment of the Interagency Land Management Assignment (ILMA).
This authorization updates and replaces the ILMA dated May 18,1994,
as well as the first ILMA amendment dated February 3, 2003.
The Department of Natural Resources, Division of Minn¢. Land and Water. Southcentral
Region, 550 W. 7h Ave., Suite 900C, Anchorage, AK 99501-3577, hereinafter known as the
Assignor, assigns to the Alaska Aerospace Development Comoration 4300 B Street, Suite 101,
Anchorage, AK 99503, hereinafter known as the Assignee, jurisdiction and management of the
land described on the attached Exhibit "A", and as marked on the attached map, Exhibit "C".
Jurisdiction and management includes the authority to manage the surface and so much of the
subsurface as specified in the development plan approved by the Division of Mining, Land and
Water, attached and made part of this document as Exhibit "B" — Special Stipulation ti3, in order
to make use of the land for an orbital launch facility or other aerospace related activities, within
the jurisdiction of the Assignee.
The right of the Assignee or Assignee's contractor(s) to construct, maintain, or improve and
remove buildings, roads, airports, and works of other description, and to use or remove sand,
gravel, timber or other materials on or near the surface for purpose directly related to the project
is limited to those expressly stated in the approved development plan, and is subject to the
stipulations attached and made part of this document as Exhibit "B".
The right to grant or permit the creation of third party interests for utilities or other public works
(such as roads, pipelines, etc.) that are extensions of improvements from adjoining lands and do
not interfere with the approved use of the tract is subject to the written approval of the Division
of Mining, Land, and Water. The assignment, grant or any other creation of third party interest
for any use other than those specified is not permitted unless such uses are specified on Exhibit
"B" attached to this document or specifically authorized in writing by the Division of Mining,
Land and Water. The Division of Mining, Land & Water reserves jurisdiction and management
of all minerals including oil and gas in the above described land. Lands that are in excess of the
Assignee's needs shall be returned to the management jurisdiction of the Division of. Mining,
Land & Water upon a finding that the site has been rehabilitated to the satisfaction of the
Regional manager of the Division of Mining, Land & Water.
The assignment may be renewed under the same terms and
Page 2 of 2
ADL #226285
Interagency Land Management Assignment
July 18, 2005
conditions provided the subject property continues to be used for an orbital launch facility or
other aerospace related activities.
Dated this day of 20 _
Commissioner, Department ofNatmal
Resources
UNITED STATE OF AMERICA )
State of Alaska ) as.
Judicial District )
THIS IS TO CERTIFY that on the day of 2005, before me
personally appeared ]mown to me to be the person
described in and who executed this document and acknowledged voluntarily signing the same.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal,
on the day and year shown above.
Notary Public in and for the State of
My Commission Expires:
Interagency land Management Assignment: ADL #226285
EXHIBIT "A"
SUBJECT LANDS
Lands covered by this agreement are hereinafter called the subject land, and described as
follows:
A. The Core Permit Area —All state lands permitted in the original application
request as well as lands included in the February 3, 2003 Interagency Land
Management Assignment Amendment. Containing approximately 3,717 acres.
Township 32 South Ranee 19 West. Seward Meridian
* All state lands within Sections 3,4,5,6 and 9.
Township 31 South, Range 19 West Seward Meridian
* All state lands within Sections 31, 32, 33, and
* All state lands within the South''/2 of Section 29 and the South 1/2 of
Section 30.
B. Cape Narrow Expanded Safety Area — All state lands to the north and west of
the core permit area expanded by the April 19, 2005 Interagency Land
Management Assignment Amendment. Containing approximately 5,581acres.
Township 32 South Range 20 West, Seward Meridian
* All state lands within Sections 1,2,3,9, and 10.
Township 31 South, Ranl+e 20 West Seward Meridian
* All state lands within Sections 25, 34, 35, and 36.
Township 31 South. Ranae 19 West, Seward Meridian
* All state lands within the South 'fi of Sections 19, South Y: of Section 20,
South''/3 of Section 21, South ah of Section 22, Sections 27 and 28, and the
North %, of Section 30.
C. Ueak Island Safety Area — All state lands which comprise Ugak Island to the
south of the Core Permit Area. Containing approximately 1,467 acres.
Township 32 South Ragne 19 West Seward Meridian
* All state lands within Sections 23, 24, 25, 26, 27, 34, and 35.
STATE OF A.LASKA
Department of Nataral Resources
Division of Mining, Land, and Water
Interagency Land Management Assignment
Alaska Aerospace Development Corporation
(Kodiak Launch Complex)
ADL #226285
EDIT `Bf°
STIPULATIONS
1. Term of Assignment and Condition of Returned Land. The term of this assignment is 30
years. If, upon expiration of the Interagency Land Management Assignment (ILMA), the
assignee desires a renewal under the same terms and conditions, and provided the ILMA parcel
continues to be used for an orbital launch facility or other aerospace related activities, by the
assignee, a written request for renewal must be submitted within 60 days prior to the expiration
of this agreement. A renewal may be issued under the same terms and conditions for a period
not to exceed 30 years.
Land returned to the Division of Mining, Land, and Water (DMLW), shall be.retumed in a
condition acceptable to the Director, which may include rehabilitation of the site (to a similar
condition as of the date of date of the original assignment) and/or removal of any improvements,
equipment, and materials. The assignment may be cancelled for non-use or violation of the
terms and conditions of the assignment.
2. Review of Assignment and Cancellation of Assignment. Pursuant to AS 38.04.060(b), this
assignment is subject to review by the Division of Mining, Land, and Water for possible
utilization other than for the purposes assigned when considered in the best interest of the state.
The assignee must file by certified mail, return receipt requested, or equivalent, a Notice of
Continued Use with the DMLW, not later than December 31 n of 2008, and December 31 n
every fifth year thereafter. Failure to file the notice may be construed as non-use/abandonment
and after investigation by the DMLW, may result in a formal non-use or abandonment
determination. The Alaska Aerospace Development Corporation (AADC), will be supplied a
copy of any such determination and will be allowed a minimum of 30 days to comment on and
respond to this determination before final action is taken. Appeal rights under 11 AAC 02.010
are not affected by this stipulation.
In the event the ILMA parcel is inspected by the Division of Mining, Land, and Water, to
determine compliance with the terms and conditions of the agreement, the Alaska Aerospace
Development Corporation may be charged $100.00 or the Division's actual expenses, as
determined by the director.
3. Pr feet Development Plan. The assignee shall submit a development plan to the Division of
Mining, Land, and Water for approval prior to construction of improvements on the ILMA
.Page 2 of
ADL 0226285
ILMA Stipulations
July 18, 2005
parcel. Any significant additions or corrections to the development plan must be submitted to
(and approved by) the Division of Mining, Land, and Water prior to construction of the new
improvements.
4. Use of Subsurface. This assignment does not authorized the use of the subsurface estate or
any materials on the site unless specifically authorized by these stipulations, the use is included
in the development plan, or authorized in writing by the Division of Mining, Land, and Water.
The assignee shall have the right to drill such wells as are approved by the Division and are
depicted on the project development plan.
5. Material. Pursuant to 11 AAC 71.0I S, the assignee shall not sell, transfer, or donate material
including gravel, sand, rock, or peat to a third party except as necessary to construct and
maintain the facility when the material is used within the'confines of this assignment. The
assignee shall have the right to take all soil borings and to conduct all other tests necessary for
the design of an orbital launch facility.
6. Timber. If clearing timber on the site is required, clearing will be conducted only in
accordance with the development plan, and any useable timber shall be made available to the
public. Assignee must coordinate with the Division of Forestry, DNR prior to clearing of any
timber.
7. Proiect Construction and Survey. Pursuant to AS 38.93.160, a professional architect,
engineer, or surveyor shall supervise the location and design of any improvements on the tract
and shall be responsible for preparing a plat for recording in the appropriate recording district if
the costs of such improvements are more than $100,000. Each registered professional shall be
responsible for that part of the project to which his or her license pertains. The assignee is
responsible for compliance with AS 38.95.160.
8. Indemnity. In connection with the entry on or use of lands assigned to the Alaska Aerospace
Development Corporation by the Department of natural Resources, the Alaska Aerospace
Development Corporation shall ensure that its contractors, subcontractors, and their employees
shall indemnify, save harmless, and defend the state, its agents and its employees from and
against any and all claims or actions for injuries or damages sustained by any person or property
arising directly or indirectly from the construction or the contractor's performance of the
contract, except when the sole proximate cause of the injury or damage is the state's negligence.
9. Notification of Unauthorized Discharge. The assignee shall immediately notify the
Department of Environmental Conservation and the Division of Mining, Land, and Water of any
unauthorized discharge, leak, or spill involving two or more barrels of hydrocarbons, and all
foes, explosions, or discharges of toxic substances. The Southcentral Region shall be supplied
with all follow-up reports.
10. Fuel and hazardous Substances. Secondary containment shall be provided for fuel or
hazardous substances.
Page 3 of 3
ADL 4226285
ILMA Stipulations
July 18, 2005
a. Exception for short-term storage of small volumes. The requirement
for secondary containment is waived for those fuels and hazardous
substances in containers with a volume of 55 gallons or less which are in
place for 7 days or less, provided that the total combined volume in place
without containment on a pad or work area does not exceed 660 gallons
for fuel, hydraulic fluid, or lubricants or 55 gallons of other hazardous
substances.
b. Container marking. All independent fuel and hazardous substance
containers shall a marked with the contents and the assignee's name.
C. Fuel or hazardous substance transfers. Secondary containment or drip pans
must be placed under all container or vehicle fuel tank inlet and outlet points, hose
connections, and hose ends during fuel or hazardous substance transfers. Appropriate
spill response equipment must be on hand during any transfer or handling of fuel or
hazardous substances to respond to a spill of up to five gallons.
d. Storing container near waterbodies. Containers with a volume larger than 55
gallons which contain fuel or hazardous substances shall not be placed within 100 feet of
a waterbody.
C. Exceptions. The Division of Mining, land, and Water may under unique or
special circumstances grant exceptions to these stipulations on a case by case basis.
Requests for exceptions should be made to the Southcentral Regional office at (907) 762-
2270.
Definitions.
"Containers" is defined as any item which is used to hold fuel or
hazardous substances. This includes tanks, drums, fuel tanks on small
equipment such as light plants and generators, flow test holding tanks,
slop oil tanks, bladders, and bags. Manifold tanks must be considered
as a single independent contain. Vehicles are not intended to be included
under this definition. '
"Hazardous substance" is defined under AS 46.03.825(5) as (a) an
element or compound which, when it enters the atmosphere, water, or
land, presents an imminent and substantial danger to the public health or
welfare, including fish, animals, or vegetation, (b) oil or (c) a substance
defined as a hazardous substance under 42 U.S.C. 9601 (14).
"Secondary containment" is defined as an impermeable diked area or
portable impermeable containment structure capable of containing 110
percent of the volume of the largest independent container. Double -
walled tanks do not qualify as secondary containment unless an exception
is granted for a particular tank_
'Page 4 of 4
ADL #226285
ILMA Stipulations
July is, 2005
11. Alaska Historic Preservation Act. The Alaska Historic Preservation Act (AS 41.35.000)
prohibits the appropriation, excavation, removal or injury or destruction of any historic
prehistoric, or archaeological resources of the State. No historic site, archaeological site, or
camp, either active or abandoned, shall be disturbed in any manner, no shall any item be
removed there from. Should any sites be discovered during the course of field operations,
activities which would disturb such resources should be stopped and the Department of natural
Resources, Division of Parks and Outdoor Recreation, Office of history and Archaeology be
contacted immediately at (907) 762-2622.
12. National Historic Preservation Act. If a grant or other funding for construction of facilities
is received by the assignee from the Air Force or another federal agency, compliance with
Section 106 of the National Historic Preservation Act and its implementing regulations, 36 CFR
800, is required prior to authorizing construction.
13. Valid Existing Rights. This assignment is subject to all valid existing rights easements,
rights of way, and reservations of record. Additional easements may be dedicated or granted by
the Division of Mining, Land, and Water with the written concurrence of the assignee.
14. Public Access. $ftHc"�dc"S�s"""io . te"9tiitds;°Mile%mrtis�n�luwater`S�'�§"�dllt#ttb�teblt�ukeil,-Di
�as��?ablyYa vrt+�+a _effi.ss�,ot,�n.
This authorization will not grant AADC authority to construct or develop any improvements or
roads on the subject lands, or to restrict access or public activities at any time other than the
situations discussed above. The only authority granted to AADC will be to restrict access for
several hours per launch campaign during hazardous operations and immediately before and
during launches.
In addition, AADC will notify the community of the restrictions in an appropriate manner,
similar to the notice procedures followed for both DOD launches in December 2004, and
February 2005.
15. Reservations. This ILMA is subject to the following:
Grazing Lease ADL 221677
*Public and Charitable Lease Application ADL 67915—*Upon expiration of the term in
ADL 67915 or the earlier termination of ADL 67915 for any reason, the real property subject to
ADL 67915 shall become part of this ILMA and AADC shall enjoy the use thereof pursuant to
the terms of this ILMA.
r,.
N
E
Page 5 of 5
ADL #226285
ILMA Stipulations
July I8, 2005
16. Amendments. Any request to amend the ILMA by the Alaska .Aerospace Development
Corporation may result in a fee being charged as determined by the director. the fee may not
exceed the lesser of $3,000.00 or seven percent of the fair market value added as a result of the
amendment.
17. Radio Interference. The Alaska Aerospace Development Corporation will cooperate and
work with the US Coast Guard to ensure that all communication and electronic equipment are
compatible.
The Alaska Aerospace Development Corporation has read the above terms and conditions and
agrees to comply with them.
Pat Ladner, President & CEO of the AADC
UNITED STATE OF AMERICA )
State of Alaska ) ss.
Judicial District
THIS IS TO CERTIFY that on the
me personally appeared
person described in and who executed this
same.
Date
_ day of 2005, before
known to me to be the
and acknowledged voluntarily signing the
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal,
on the day and year shown above.
Notary Public in and for the State of
My Commission Expires:
KODIAK "" AND B-21 QUADRANGLE
ALASKA J
t:Ww SERIES CTOPOGRAPHIC) t�
Transaction Receipt - Success
Kodiak Island Borough
Kodiak Island Borough Community Development
MID:200006988265
710 Mill Bay Road
Kodiak, AK 99615
907-486-9323
02/19/2026 10:11AM
Remittance ID:
Kodiak021926140839431 Wal
Transaction ID:
347192831
JACINTO RODRIGUEZ
5822 S 196th Street
KENT, Washington 98032
United States
Visa - 9328
Approval Code: 037656
Sale
Amount: $120.00
Justin Abbott on behalf of AT&T Mobility
206-790-4655
BZ2026-032
50800 Narrow Cape / MP 44 Pasagshak Road
Service Fee: $3.00
Service Fee Type: Dual Transaction
Total Amount: $123.00
Cardmember acknowledges
receipt of goods and/or
services in the amount of
the total shown hereon and
agrees to perform the
obligations set forth by the
cardmember's agreement with
the issuer.
Signature
click here to continue.