Section 11 AAC 67.835 - Lease conditionsA remote recreational cabin site lease is subject to the following conditions:
(1) the first term of the lease is three years, extendable for an additional year if survey and appraisal are not complete or the department is otherwise unable to proceed with the sale; a lease in good standing will automatically be renewed for a second term of five years if the lessee does not purchase the site at the end of the first term;(2) the annual rental fee for the first term of the lease, including any extension granted under (1) of this subsection for a fourth year, is as set out in 11 AAC 05.230 and may be paid quarterly; (3) the annual rental fee for the second term of the lease is as set out in 11 AAC 05.230;(4) during the first term of the lease, unless the lessee posted a cash survey and appraisal performance bond before issuance of the lease, the lessee shall also pay, in advance, a quarterly deposit toward the department's estimated cost of surveying, platting, and appraising the remote recreational cabin site for purchase; if the first term of the lease is extended under (1) of this subsection for an additional year, no additional quarterly deposit is required during that year;(5) if the lessee posted a cash survey and appraisal performance bond before issuance of the lease, the lessee shall complete an approved survey plat and an approved appraisal during the first term of the lease; if the lessee fulfills the survey and appraisal requirement before the lease expires, the lessee's survey and appraisal performance bond will be released; if the lessee does not fulfill the survey and appraisal requirement before the end of the lease's third year, the lease will be extended for a fourth year only upon application and payment of a fee of $500, which includes the fourth year's rental; if the lessee does not fulfill the survey and appraisal requirement before the lease's first term expires, the lessee's survey and appraisal performance bond will be forfeited; the lease will not be renewed for a second term, ending the lessee's interest in the remote recreational cabin site;(6) the lease may not be transferred, subleased, or assigned, except (A) by a court order as part of a property division resulting from a divorce or dissolution of marriage; or(B) in the event of the lessee's death, by order of a court with probate jurisdiction, or at the direction of the personal representative or similar person appointed by that court to manage the lessee's estate;(7) the lease authorizes private recreational use only; during the term of the lease, the lease site may not be used for a permanent place of abode or for commercial purposes.Eff. 2/9/2001, Register 157; am 7/1/2018,Register 227, October 2018Authority:AS 38.05.020
AS 38.05.035
AS 38.05.600