1991-30 Kodiak Island Sportsmans Assoc. Salonie Creek Rifle Range LeaseMay 6, 2005
C-6991 -3D
Kodiak Island Borough
OFFICE of the MANAGER
710 Mill Bay Road
Kodiak, Alaska 99615
Phone (907) 486-9301 Fax (907) 486-9374
E-mail: lwhiddon@kib.co.kodiak.ak.us
LEASE AMENDMENT AND EXTENSION
This document amends the lease, authorized by KIB Resolution No. 92-26, that was made
and executed on August 11, 1994 by and between Kodiak Island Borough (KIB) and Kodiak
Island Sportsmen's Association (KISA). This document extends the existing lease agreement in
full for 14 years from August 11, 2005 until August 10, 2019, subject to the following
amendments, which does not affect any other parts of the agreement.
AMMENDMENT
Amendment #2 Delete subparagraph 1 of Section II describing Tract A Rifle Ranee and
replace with the following language.
IL DEMISE. DESCRIPTION AND USE OF PREMISES
TRACT A Rifle Range; Lot 9, U.S. Survey 2539, according to plat of dependent resurvey
and subdivision thereof, accepted July 13, 1982 in the Kodiak Recording District, Third Judicial
District, State of Alaska, excepting therefrom the subsurface estate, and all rights, privileges,
immunities and appurtenances, of whatsoever nature, accruing unto said estate pursuant to the
Alaska Native Claims Settlement Act of December 18, 1971 (85 Stat. 688, 794; USC 1601,
1613(f) (1976)) and as conveyed in patent to Koniag, Inc., recorded January 10, 1986 in Book 78
at Page 43; comprising 687.92 acres; and...
Amendment #3 Delete subparagraph 2 of Section IV and replace with the following
language.
IV. RENT
The annual rent due shall be reviewed and adjusted by the KIB manager at the end of every
five year term, or whenever the agreement is amended or extended. Based on the original date of
the lease agreement, periodic reviews will occur on or about August 11, 2009 and August 11,
2014. Any changes or adjustments shall be based upon changes in the appraised fair market
value of the land and improvements being leased, excluding landfill and other improvements
placed upon the land by KISA as well as the value of KISA's in-kind contributions...
IN WITNESS WHEROF the parties have executed this lease amendment at Kodiak,
Alaska, on this A9 5' day of May, 2005.
\SAO @0 ODIAK ISLAND BOROUGH
pa �G17-e /ZC17A
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ATTEST: 9�gSKv%
Nielsen, )Borough Clerk
KODIAK ISLAND SPORTSMEN'S ASSOCIATION
David King, President
STATE OF ALASKA
ss.
THIRD JUDICIAL DISTRICT
THIS IS TO CERTIFY that on the 10 day of Ma 2005, before me, the
undersigned, a Notary Public in and for the State of Alaska, dul commissioned and sworn,
personally appeared Nancy E. Galstad, to me known and known to me to be the identical
individual described in and who executed the within and foregoing instrument as Manager of the
Kodiak Island Borough and she acknowledged to me that she signed the same in the name of and
for and on behalf of said municipality, freely and voluntarily and by authority of its Assembly
for the uses and purposes therein mentioned.
GIVEN UNDER MY HAND and-�o/f�^fiTc_iaal seal the day and year first above written.
1 ru ULA Q
0Notary Public fo Alaska
JA My Commission Expires: p �Ilul20L�i
1AOTAR Y
PUBLIG
STATE OF ALASKA
ss.
THIRD JUDICIAL DISTRICT
THIS IS TO CERTIFY that on the day of2005, before me, the
undersigned, a Notary Public in and for the State of Alaska, d�mmissioned and swom,
personally appeared David King, to me known and known to me to be the identical individual
described in and who executed the within and foregoing instrument as President of the Kodiak
Island Sportsmen's Association and he acknowledged to me that he signed the same in the name
of and for and on behalf of said association, freely and voluntarily and by authority of its Board
for the uses and purposes therein mentioned.
GIVEN UNDER MY HAND and official seal the day and year first above written.
V Q2�4�
Notary Public for Alask i SOV A
My Commission Expires: 9
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April, 13, 2005
Re: Salome Creek Rifle Range
Kodiak Island Assembly
710 Mill Bay Rd.
Kodiak, Alaska
99615
Dear Assembly Members,
RECII VE
APR 1 5 2005 D
BOROUGH CLERK'S OFFICE
Kodiak Island Sportsman's Association would like to formally request a review of the existing
ground lease, in accordance with KIBC 18.40.020, for a shooting range use located on Tract A -
Rifle Range Survey, a portion of USS 2539, Lot 9, in order to allow a twenty (20) year extension
of said lease.
The reason for this is so that we may obtain grants to improve the range for the enjoyment and
safety of the public.
If you need any more information, please feel free to contact me.
<�6,k P
David King
President
Kodiak Island Sportsman's Association
PO Box 1098
Kodiak, AK 99615
Work 486-8501
Home 481-2930
Cell 654-3634
APR 15 2005
KIB MANAGER
KODIAK ISLAND BOROUGH
CLERK'S OFFICE
COPIED TO:
SEMBLV_ ✓� MAYOR ✓
4AGFR_�/ OTHER
41ance-
s'
Kodiak Island Borough
Community Development Department
710 Mill Bay Road
Kodiak, Alaska 99615
Phone (907) 486-9363 Fax (907) 486-9396
www.kib.co.kodiak.ak.us
Memorandum
Date: April 27, 2005
To: Nancy Galstad, Interim Borough Manager ,
From: Duane Dvorak, Interim Director, CDD
RE: Staff review of a request by Kodiak Island Spoftsman,s Association (KISA) to extend the lease
of the Salome Creek Rifle Range for a twenty year term.
Introduction
The Kodiak Island Borough Assembly considered the above referenced request at its packet
review work session on April 14, 2005. At that time, the Assembly indicated that it would take
up the issue of extending the lease on a subsequent agenda to determine the merits of the request.
On April 25, 2005, the written request from KISA was referred to the Community Development
Department for review prior to formal submittal to the Assembly. Staff was requested to review
the request under the applicable provision of KIBC Title 18 and make any comments or
recommendations that might facilitate the Assembly review process.
Lease History
The original lease agreement for the Salonie Creek Rifle Range was signed on August 11, 1994.
The lease was authorized by KIB Assembly Resolution No. 92-26, which specifically references
the limitation on leases to non-profit organizations, which is twenty-five (25) years. According
to the original "ground lease", the term identified in Section III was indicated to be five (5)
years, "...commencing on August 11, 1994, and ending on August 10, 1999." In addition, the
language goes on to say: "As used herein the expression `term hereof refers to such initial term
and to any renewal of it as provided in this lease." Staff can find no provision specifically
referencing lease renewal or extension, however it appears to be implied in section, Section IV.
Rent, as follows:
"The annual rent due shall be reviewed and adjusted by the KIB mayor at the end
of the first five-year term and at the end of every five-year term thereafter."
Staff also reviewed the subsequent lease renewal titled "Lease Amendment and Extension". In
the renewal document the lease was extended in full for five (5) years from July 1, 2001 until
June 30, 2006. Where the original lease to KISA included approximately 700 acres, essentially
all of Lot 9, U.S. Survey 2539, the amended lease reduced the leasehold area to approximately
316 acres in two separate parcels described as Tract A Rifle Range and Tract B Caretaker Site.
Tract B is a five acre site near the main gate that does not appear to be part of the original 700
acres reviewed for disposal in the original lease to KISA.
The provisions of KIBC Title 18 have not changed since this disposal was reviewed by the
Borough Assembly in 1992. Leases to non-profit organizations are still limited to a maximum of
twenty-five (25) years. KIBC Section 18.20.170.0 defines a "Disposal" as "any transfer of real
property authorized under this title'; and Section 18.20.170.D defines "Real Property" as any
interest in real property under the law of the state of Alaska, including but not limited to a fee,
easement or leasehold interest, and a revocable license or permit to use real property".
Based on this review, it is not clear whether each renewal or extension of the lease requires a
disposal review because the original lease agreement did not provide much explanation of the
renewal concept or maximum term of lease. In addition the subsequent amendment, which
occurred nearly two years after the original lease term was due to end on August 10, 1999, did
not address or clarify the issue of renewal or extension. Staff has looked to the Assembly
Resolution for guidance on the context of this disposal, which authorized the mayor to negotiate
a lease with KISA for a term "not to exceed twenty-five years...". That guidance, coupled with
the language in Sections III and IV of original "ground lease" imply that the lease was intended
to be a multi-year lease. It might have been clearer from the outset if the lease term of twenty-
five (25) years had been spelled out.
Assuming the twenty-five year period began on August 11, 1994, the date of the original lease,
which has been subsequently extended to the present, then there would be about 14 years
remaining in this disposal based on the Assembly resolution. It may be appropriate for the
Assembly to obtain clarification from legal counsel on this point if it is not clear. This would
help to determine whether the current lease can be extended for twenty (20) years as requested
by the Kodiak Island Borough Sportsman's Association.
Conclusion
KIBC Title 18 clearly identifies Borough land disposal as the purview of the Assembly. A
transfer of interest in Borough real property, by leasehold interest, is defined as a disposal of
land. The Salonie Creek Rifle Range is authorized for disposal by lease to the Kodiak Island
Sportsman's Association (KISA) according to Assembly Resolution No. 92-26, which specifies
the lease term is not to exceed twenty-five (25) years. The original "ground lease" under that
disposal authority began on August 11, 1994 and was renewed on July 1, 2001 for a five (5) year
period through June 30, 2006.
The language of the "ground lease" is not clear on the subject of renewal or extension. Renewal
is implied in Section IV. Rent, of the "ground lease" regarding a 5 year review for lease rental
rate purposes. Based upon the language of the disposal authorization, staff is inclined to view
this lease as a twenty-five (25) year lease. As such, a new disposal review would not be required
until 2019. If KISA requires a 20 year lease as indicated in the written submittal, it would appear
to exceed the remaining disposal authorization which only 14 years remaining. This is based on
the dates contained in the original "ground lease" as reviewed in the context of Assembly
Resolution No. 92-26.
The Assembly may want to seek an attorney opinion on the issue of renewal and/or extension of
the ground lease for twenty (20) years. It is easy to confuse the concept of leasing land with the
concept of disposal as defined in KIBC Title 18. Staff believes that the extension of the lease for
another 14 years may be possible without additional Assembly review, based on a renewal date
on or about August 2005, because it would be within the authority granted by the Assembly in
1992. To extend for a longer period of time without a new land disposal review under KIBC
Title 18 may not be proper.
Kodiak Island Borough
AGENDA STATEMENT
Meeting of: May 19`h, 2005
ITEM NO.
ITEM TITLE: Request to extend a lease of Borough land for the Salome Creek Rifle Range to
the Kodiak Island Sportsman's Association for a 20 years term.
SUMMARY STATEMENT:
A request has been made by the Kodiak Island Sportsman's Association to extend an existing
lease for the Salonie Creek Rifle Range for a period of twenty (20) years in order to allow the
pursuit of grants and financing for needed range improvements. In accordance with the
Assembly authorization for disposal that was granted in 1992, the maximum term of lease to a
non-profit organization is twenty-five (25) years. Furthermore, based on staff review, it appears
that the current lease is in the I Ith year of the original disposal.
The Assembly, in Resolution No. 92-26, authorized the mayor (now manager) of the Borough to
negotiate a lease not to exceed twenty-five (25) years in duration. The lease has been renewed
once and is currently in effect until June 30, 2006. Based on the language of the resolution, it
appears that the manager could re -negotiate the lease for the remaining 14 year period without
seeking a new disposal authorization from the Assembly, it that is acceptable to the Kodiak
Island Sportsman's Association, or the case could be referred to the Planning and Zoning
Commission to begin a new disposal review to permit the additional lease term requested.
Staff has suggested the Assembly may want to consider having counsel review the disposal
authorization and lease agreements to ensure that staff is interpreting the situation correctly. If
the Assembly agrees, there will be a small fiscal note.
A copy of the KISA request, KIB Assembly Resolution and the two lease agreements are
attached.
FISCAL NOTES
[X] N/A Expenditure Account
Required $0.00 General Fund N/A
April, 13, 2005
Re: Salonie Creek Rifle Range
Kodiak Island Assembly
710 Mill Bay Rd.
Kodiak, Alaska
99615
Dear Assembly Members,
R
ECEC dE
APR 1 5 2005 D
BOROUGH CLERK'S OFFICE
Kodiak Island Sportsman's Association would like to formally request a review of the existing
ground lease, in accordance with KIBC 18.40.020, for a shooting range use located on Tract A -
Me Range Survey, a portion of USS 2539, Lot 9, in order to allow a twenty (20) year extension
of said lease.
The reason for this is so that we may obtain grants to improve the range for the enjoyment and
safety of the public.
If you need any more information, please feel free to contact me.
David King
President
Kodiak Island Sportsman's Association
PO Box 1098
Kodiak, AK 99615
Work 486-8501
Home 481-2930
Cell 654-3634
KODIAK ISLAND BOROUGH
CLERK'S OFFICE
COPD TO:
ASSEMBLY V MAYOR ✓
MANAGER_ / OTHER
.�-CACLACG
fiF/.Q�t,
Introduced by:
Requested by:
Drafted by:
Introduced:
Postponed:
Amended:
Adopted:
KODIAK ISLAND BOROUGH
RESOLUTION NO. 92-26
Mayor Selby
Resource Manager
Community Development
Department
07/02/92
07/02/92
09/03/92
09/03/92
A RESOLUTION AUTHORIZING THE DISPOSAL, BY LEASE, OF APPROXIMATELY
700 ACRES OF LAND TO THE KODIAK ISLAND SPORTSMAN ASSOCIATION
FOR THE PURPOSE OF MANAGING THE SALOME CREEK RIFLE RANGE
WHEREAS, Kodiak Island Borough Code (KIBC) 18.20.030 requires review of each
disposal of borough land by the planning and zoning commission before
submission to the assembly; and
WHEREAS, the code requires that the commission, by resolution, shall make a
recommendation to the assembly regarding the proposed land disposal
referenced; and
WHEREAS, the planning and zoning commission has reviewed and recommended
approval of the disposal, subject to one condition; and
WHEREAS, the code states that borough land disposal not subject to approval by
ordinance are subject to approval by resolution; and
WHEREAS, when the borough acquired the Salonie Creek rifle range, it was intended
that a disposal by lease to the Kodiak Island Sportsman Association
(KISA) would be considered for the purposes of managing the rifle range;
and
WHEREAS, the assembly has reviewed the information available and has concluded
that a lease with KISA is an appropriate method of providing for the
management of the Salonie Creek rifle range; and
WHEREAS, the code allows for the disposal by lease for up to 25 years to a
nonprofit corporation ata reasonable rental rate, taking into account the
purpose far which the real property is to be used;
Kodiak Island Borough, Alaska Resolution No. 92-26
Page 1 of 1
a
NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH THAT:
Section 1: The mayor of the Kodiak Island Borough, or his designee, is authorized
to negotiate the disposal, by lease, of approximately 700 acres of land,
commonly known as the Salonie Creek rifle range, to the Kodiak Island
Sportsman Association. The lease will be subject to the following
conditions:
1. A term not -to -exceed twenty-five (25) years, and
2. The lease shall provide for free access to publicly owned lands in the
upper portions of the valley through the leased track.
ADOPTED BY THE KODIAK ISLAND BOROUGH ASSEMBLY
THIS 3rd DAY OF SEPTEMBER, 1992
ATTEST:
i
\Donna F. Smith, Borough Clerk
KODIAK ISLAND BOROUGH
1 L,�IVI k,
Jero M. Selby, Borough Mayor T
Kodiak Island Borough, Alaska Resolution No. 92-26
Page 2 of 1
Ko diak .1slan d Borough -
OFFICE of the MANAGER
710 Mill Bay Road
Kodiak, Alaska 99615
Phone (907) 486-9301 Fax (907) 486-9374
E-mail: Lhiddon@kib.co.kodiak.ak.us
August 6, 2001
Mark Berenz, President
Kodiak Island Sportsmen's Association
P.O. Box 1098
Kodiak, AK 99615
Dear Mr. Berenz:
I am writing in regard to the lease extension of our agreement for the operation of the
Salonie Creek Rifle Range. I have attached for your review the amendment that includes the
Caretakers site and confirmation of the Range boundaries.
The amendment also extends our original agreement for 5 years from July 1, 2001.
Please review the documents and let me know if you have any questions. I look forward to
finalizing the lease at your earliest convenience so please call my office to set up a time to sign.
Sincerely yours,
�c C9,Q-bC
Pat Carlson, Borough Manager
File: Ukisa lease 2000.doc.dot
Kodiak Island Borough
OFFICE of the MANAGER
710 Mill Bay Road
Kodiak, Alaska 99615
Phone (907) 486-9301 Fax (907) 486-9374
E-mail: lwhiddon@kib co.kodiak.ak.us
July 28, 2001
LEASE AMMENDMENT AND EXTENSION
This document amends the lease authorized by KIB Resolution No. 92-26 made and
executed on August 11, 1994 by and between Kodiak Island Borough (KIB) and Kodiak Island
Sportsmen's Association (KISA). This document extends the existing lease agreement in full for
5 years from July 1, 2001 until June 30, 2006, subject to the following amendment, which does
not affect any other parts of the agreement.
AMMENDMENT
Amendment #1 Delete subparaeranh 1 describing Lot 9 USS 2539 and replace with
the following laneuaae,
II DEMISE DESCRIPTION ANI)' USE OF PREMISES
TRACT A Rifle Range - That portion of USS 2539 Lot 9 with a point of beginning
within the Northwest 1/ of Section 12, Range 21 West, Township 29 South, Seward
Meridian, Kodiak, Alaska at the centerline of the Salonie Creek access road at it's 90°
degree turn from a Southwest to Northwest direction, thence North 830 West 4,064.96'
feet, thence North 28° East 4,347.82' feet along the meander line of the 500' elevation of
Kashevaroff Mountain, thence South 51° East 4,582.58' feet to the 200' elevation of
Heitman Mountain, thence South 360 West 1,971.21' feet, thence North 54° West
417.46' feet to the point of beginning, comprising 310.58 acres more or less.
TRACT B Caretakers Site - That portion within the Northwest 1/4 of Section 6,
Township 29 South, Range 20 West, Seward Meridian, Kodiak, Alaska with a Point of
Beginning at the intersection of the Chiniak Highway Right of Way and the West
boundary of the existing access road to Salonie Creek, thence South along the meander of
the West boundary of the access road 660', thence due West 330', thence due North 660'
---to-the Southem-edge-of-the-Ehiniak-Highway-Right-of-iWay,-then-East along -the -meander
of the right of way to the Point of Beginning, containing 5 acres more or less.
File: C:Mdsa lease 2000.doc.dot
IN WITNES,$ WHEROF the parties have executed this lease amendment at Kodiak,
Alaska, on this 17 day day of " , 2001.
66Qt' KODIAK ISLAND BOROUGH
ATTEST:
�t
udith Nielsen, Borohgh Clerk
STATE OF ALASKA
THIRD JUDICIAL DISTRICT
Patrick S. Carlson, Manager
KODIP
La
THIS IS TO CERTIFY that on the L �dh day of 2001, before me, the
undersigned, a Notary Public in and for the State of Alaska, duly commissioned and swom,
personally appeared Patrick S. Carlson, to me known and known to me to be the identical
individual described in and who executed the within and foregoing instrument as Manager of the
Kodiak Island Borough and he acknowledged to me that he signed the same in the name of and
for and on behalf of said municipality, freely and voluntarily and by authority of its Assembly
for the uses and purposes therein mentioned.
GIVEN UNDER MY HAND and official seal the day and year first above written. ,,vw
//Notary Public for Alaska ? VaOTAR Y "
v My Commission Expires / ?�Q1 �20� —•— Q
STATE OF ALASKA ) � PUBLIC
as. ATF RPh
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on theat day of s 2001, before me, the
undersigned, a Notary Public in and for the State of All , duly commissioned and sworn,
personally appeared Mark Berenz, to me known and known to me to be the identical individual
described in and who executed the within and foregoing instrument as President of the Kodiak
Island Sportsmen's Association and he acknowledged to me that he signed the same in the name
_—__of -and -for- and- on -behalf .of. said-municipality,.-freely-and_voluntarily_and._by_authority.:of. its -
Assembly for the uses and purposes therein mentioned.
GIVEN UNDER MY HAND and oflicialseal the day and year first above written. 0��, NSF
Gll_iX_u s OTAR Y
ary Public for A ka N
Commission Expires: /? -.?.z?VO] 'I PUBLIC
File: CAkisa lease 2000.doc.dot
ORIGINAL
GROUND LEASE
.As authorized by Resolutio}j No. 92-26of-the Kodiak island Borough,
this lease is made and executed on // , 1994, by and between
KODIAK ISLAND BOROUGH (KIB), a municipal corporation, 710 Mill Bay Road, Kodiak,
Alaska, 99515, and KODIAK ISLAND SPORTSMEN'S ASSOCIATION (KISA), a non-profit
corporation organized and existing under the laws of the State of Alaska, P.O.
Box 1098, Kodiak, Alaska, 99615.
I. PREAMBLE
KIB and KISA desire to work together cooperatively to develop a
professionally operated and financially self-sufficient shooting range for the
benefit of the citizens of the Kodiak Island Borough. In furtherance of this
goal, KIB has purchased the premises as described below and three buildings
(which KIB will also move onto the premises) and culvert (which KI SA has used in
the improvements to the access road).
II. DEMISE. DESCRIPTION. AND USE OF PREMISES
KIB leases to KISA and KISA takes from KIB, for the purpose of
conducting the business of a shooting range the surface estate of those certain
premises, situated in the Kodiak Island Borough, Alaska, and more particularly
described as follows:
Lot 9, U.S. Survey 2539, according to plat of dependent
resurvey and subdivision thereof, accepted July 13, 1982
in the Kodiak Recording District, Third Judicial
District, State of Alaska, excepting therefrom the
subsurface estate, and all rights, privileges,
immunities and appurtenances, of whatsoever nature,
accruing unto said estate pursuant to the Alaska Native
Claims Settlement Act of December 18, 1971 (85 Stat.
688, 794; 43 USC 1601, 1613(f) (1976)) and as conveyed
in patent to Koniag, Inc., recorded January 10, 1986 in
Book 78 at Page.43; and
SUBJECT TO the right's of Leisnoi, Inc. to investigate
and extract the cultural resources and artifacts
including ruins., archeological sites, historic and
prehistoric monuments and structures, objects of
antiquity, historic landmarks, and other objects of
historic and scientific interest on the property and
shall be allowed to do so for a period of one year after
receiving written notice from the Grantee of its intent
to develop the property by construction of a building or
"-otfieiactivitywhich—nth-E--disFur "1-Efie"--culturar--
resources and artifacts on the property; and,
FURTHER SUBJECT TO reservations and exceptions in V.S.
Patent and/or Acts authorizing the issuance thereof; and
easements of record.
--As usedherein,--the term "promises" refers to the surface estate of this real
property and to any improvements located on it from time to time during the term
of this lease. KISA acknowledges that KIB has no ownership or other interest in
the sub -surface estate of the premises.
KISA's use of the premises shall be limited initially to the purpose of
developing and operating a shooting range and for no other purpose. KIB
understands that KISA may desire to use the premises for the purposes of selling.
ammunition, reloading of ammunition, meetings, and gunsmithing. However, before
using the premises for those purposes or any other purposes, KISA must obtain the
express written consent from KIB. KIB agrees notto unreasonably withhold its
consent provided' the goal of this lease as described in the preamble is promoted
by the additional uses.
III. TERM
The initial term of this lease shall a for five (5) years,
commencing on H/�'b{7 // , 1999, and ending on i' 0 , 1999. As
used herein the expression "term hereof" refers to such initial term and to any
renewal of it as provided in this lease.
IV. RENT
Subject to adjustment as provided below, the rent for the term of
this lease shall be TEN DOLLARS ($10.00) per year, payable in advance on the
first day of each year plus the value of KISA's in-kind contributions .
The annual rent due shall be reviewed and adjusted by the KIB mayor
at the end of the first five-year term and at the end of every five-year term
thereafter. Any changes or adjustments shall be based upon changes in the
appraised fair market value of the land and improvements being leased, excluding
landfill and other improvements placed upon the land by KISA as well as the value
of KISA's in-kind contributions.
If the lease is terminated because of any breach by KISA, as provided
in this lease, the rental payment last made by KISA shall be forfeited and
retained by KIB as partial or total damages for the breach.
V. LWCF GRANT
This lease is subject to all terms and conditions of the Land and
Water Conservation Fund Grant ("LWCF") obtained by KIB for the purchase and
operation of the premises. KISA shall comply with all terms of the LWCF Grant,
including the post -completion responsibilities attached as Appendix A to this
lease. Without limiting the generality of the foregoing sentence, KISA shall
comply with the following grant requirements: -
A. The project site must be operated and maintained in a manner
which encourages public participation. -
B. Staffing and servicing must be such as to serve the public and
maintain a clean, safe environment for recreation.
GROUND LEASE - 2
C. Sanitation and sanitary facilities shall be maintained in
accordance with good housekeeping and applicable health standards. To assist
KISA with this requirement, KIS assumes responsibility for pumping out on an as
needed basis the restroom holding tanks.
D. .Properties, facilities and equipment shall be kept reasonably
safe for public use.
E.. All facilities and other improvements shall be kept in
reasonable repair .throughout their estimated lifetime to prevent undue
deterioration and to encourage public use.
F. The facility shall be kept open for public use at reasonable
hours and times. Restrooms shall be unlocked during normal hours of use.
G. The premises shall be open to entry and use by all persons,
regardless of race,.color, national origin, religion or sex, who are otherwise
eligible.
H. Discrimination on the basis of residence, including
preferential reservation, membership or annual permit systems, is prohibited.
Fees charged to non-residents cannot exceed twice that charged to residents.
I. The premises must be accessible to and useable by all persons
who have a disability, including mobility, visual, hearing or mental impairments,
to the highest degree feasible. The parties understand that safety is a primary
concern. To promote the safe operation of the shooting range KISA may place
reasonable restrictions on when the facility may be used by those with visual or
mental impairments. KIB is expressly responsible for the construction of
handicapped accessible restroom facilities.
J. The premises may not be converted to other than public outdoor
recreational uses.
KIB expressly acknowledges that it will be responsible for installation and
maintenance of all signs required to assure compliance with the LWCF grant. KISA
expressly acknowledges that it will be responsible for installation and
maintenance of all range markers and general firearm safety signs.
VI. USES PROHIBITED
KISA shall not use, permit the premises, or any part of the premises,
to be used, for any purpose other than the purpose or purposes for which the
premises are leased. If the premises are devoted to a use other than that for
which they are leased without consent of the KIB Assembly, this lease
automatically terminates. KISA shall also comply with and abide by all federal,
---------state;-borough--municipal— and -othergove-rnmental stat utas-, ord-ina=aly;-laws, and
regulations affecting the premises, the improvements or any activity or condition
on or in the premises. KIB agrees to acquire the necessary environmental permits
needed for the operation of the shooting range, such as Corps of Engineers and
Alaska Department of Fish and Game permits.
GROUND LEASE = 3
-- VII, WASTE AND NUISANCE PROHIBITED
During the term of this lease, KISA shall comply with all applicable
laws affecting the premises, the breach of which might result in any penalty on
KIB or forfeiture of KIB's title to the premises. KISA shall not commit, or
suffer to committed, any waste on the premises, or any nuisance.
VIII. ABANDONMENT OF PREMISES
KISA shall not vacate or abandon the premises at any time during the
term hereof; if•KISA shall abandon, vacate or surrender the premises, or be
dispossessed by process of law, or otherwise, any personal property belonging to
KISA and left on the premises shall be deemed to be abandoned, at the option of
KIB.
IX, KIB'S RIGHT OF ENTRY
KISA shall permit KIB and the agents and employees of KIB to enter
into and upon the demised premises at all reasonable times for the purpose of
inspecting the same, without any rebate of rent and,without any liability to KISA
for any loss of occupation or quiet enjoyment of the premises thereby occasioned.
X. USE OF MATERIAL
KISA shall not sell or remove for use off the premises any timber,
stone, gravel, peat Mose, topsoil, or any other material valuable for building
or other commercial purposes, provided, however, that material may be used only
to the extent that KIB could use, if required, for the development of the
leasehold. Any removal of such material from the leasehold shall require written
approval from the KIB mayor and, for instances involving a commercial quantity,
the. market value shall be paid to the KIB or to the owner of the subsurface
rights, as the case may be.
XI, SUBLETTING AND ASSIGNMENT
KISA shall not sublet or assign or transfer this lease, or any
interest in it, without the prior written consent of the KIB Assembly, and a
consent to an assignment or sublease shall not be deemed to be a consent to any
subsequent assignment or sublease. Any such assignment or sublease without such
consent shall be void, and shall, at the option of KIB, terminate this lease.
Neither this lease nor the leasehold estate of KISA nor any interest of KISA
hereunder in the premises or any building or improvements on the premises shall
be subject to involuntary assignment, transfer, or sale, or to assignment,
transfer, or sale by operation of law in any manner whatsoever, and any such
attempted involuntary assignment, transfer, or sale shall be void and of no
effect and shall, at the option of KIB, terminate this lease.
XII, NOTICES
All notices, demands, or other writings in this lease provided to be
given or made or sent, or which may be given or made or sent, by either party
hereto to the other, shall be deemed to have been fully given or made or sent
GROUND LEASE - 4
when made in writing and deposited in the Unites States mail, registered and
postage prepaid, and addressed as follows:
TO KIB: Kodiak Island Borough
Attention: Mayor
110 Mill Bay Road
Kodiak, AK 99615
TO KISA: Kodiak Island Sportsmen's Association
Attention: President
P.O. Box 1098
Kodiak, AK 99615
XIII. TAXES AND ASSESSMENTS
(a) KISA's Tax Status. The parties acknowledge that:KISA is exempt
from Borough property tax pursuant to Section 3.20.080 of the Kodiak Island
Borough Code.
(b) Taxes as Additional Rental. As additional rental hereunder,
KISA shall pay and discharge as they become due, promptly and before delinquency,
all taxes, assessments,rates, charges, license fees, municipal liens, levies,
or excises, whether general or special, or ordinary or extraordinary, of every
name, nature and kind whatsoever, including all governmental charges of
whatsoever name, nature, or kind, which may be levied, assessed, charged, or
imposed, or which may become a lien or charge on or against the premises, or any
part of the premises, the leasehold of KISA herein, any building or buildings,
or any other improvements now or hereafter thereon, or on or against KISA's
estate hereby created which may be a subject of taxation, or on or against KIB
by reason of its ownership of the surface estate underlying this lease, during
the entire term hereof, excepting only those taxes hereinafter specifically
excepted.
(c) Contesting Taxes. If KISA shall in good faith desire to contest
the validity or amount of any tax, assessment, levy, or other governmental charge
herein agreed to be paid by KISA, KISA shall be permitted to do so, and to defer
payment of such tax or charge, the validity or amount of which KISA is so
contesting, until. final determination of the contest, on giving to KIB written
notice thereof prior to the commencement of any such contest, which shall be at
least thirty (30) days prior to delinquency.
(d) Disposition of Rebates. All rebates on account of such taxes,
rates, levies, charges, or assessments required to be paid and paid by KISA under -
the provisions hereof shall belong to KISA, and KIB will, on the request of. KISA,
execute any receipts, assignments, or other acquittances that may be necessary
in the premises in order to secure the recovery of any such rebates, and will pay
--over—to--KISA--any--such—rebates—thatmai+—be—received--by--K-i-B-:------- - -----
(e) Receipts. KISA shall obtain and deliver receipts or duplicate
receipts for all taxes, assessments, and other items requiredhereunderto be
paid by KISA, promptly on payment thereof.
GROUND LEASE - 5
XIV. CONSTRUCTION OF BUILDINGS AND OTHER IMPROVEMENTS
Prior to constructing, altering, improving, changing or placing any
buildings or improvements on the premises, KISA shall, at KISA's sole expense,
prepare plans and specifications describing the proposed work. Such plans and
specification's shall be submitted to KIB for KIB's written approval or any
revisions required by KIB. KIB shall not unreasonably withhold such approval.
In thedocument approving the plans and specifications, KIB shall specify the
time within which work is to commence and the time within which the work is to
be completed. In the event KIB does not approve the plans and specifications KIB
shall give to KISA an itemized statement of reasons. For purposes of the
paragraph the term "buildings and improvements" includes, by example and not
limitation, buildings to be moved to or erected on the premises which shall
provide for and support a shooting range, range improvements, public restrooms,
and access for handicapped shooters.
XV, REPAIRS OF IMPROVEMENTS
(a) KISA acknowledges that it will have the possession of the
premises and will be in the best position to assure that the premises and
improvements are well maintained. Therefore, KISA shall, throughout the terms
of this lease, keep and maintain the premises, including all buildings and
improvements of every kind which may be on the premises, and all appurtenances
to those buildings and improvements, including adjacent sidewalks, in good,
sanitary, and neat order, condition and repair, and, except as specifically
provided herein, restore and rehabilitate any improvements of any kind which may
be destroyed or damaged by fire, casualty, or any other cause whatsoever except
damage caused by KIB's agents while exercising KIB's right of entry (Paragraph
IX, above) and right of way (Paragraph XIX, below). While KISA is a non-profit,
volunteer organization it is expected to use the premises in such a manner to
generate adequate revenue to provide funds for routine maintenance.
(b) KIB shall not be obligated to make any repairs, replacements,
or renewals of any kind, nature, or description, whatsoever to the premises or
any buildings or improvements on the premises, except damage caused by KIB's
agents while exercising KIB's right of entry (Paragraph IX, above) and right of
way (Paragraph XXVIII, below).
XVI. UTILITIES
KISA shall fully and promptly pay for all water, gas, heat, light,
power, telephone service, and other public utilities of every kind furnished to
the premises. throughout the term of this lease, and all other costs and expenses
of every kind whatsoever of or in connection with the use, operation, and
maintenance of the premises and all activities conducted thereon, and KIB shall
have no responsibility of any kind for any of these costs or expenses.
XVII. LIENS
KISA shall keep all and every part of the premises and all buildings
and other improvements at any time located on the premises free and clear of any
and all mechanics', materialmen's, and other liens for or arising out of or in
GROUND LEASE - 6
connection with:
(a) work or labor done, services performed, or materials or
appliances used or furnished for or in connection with any
operations of KISA; or
(b) any alteration, improvement, or repairs or additions
which KISA may make or permit or cause to be made, or any work or
construction, by, for, or permitted by KISA on or about the
premises; or
(c) any obligations of any kind incurred by KISA.
KISA shall, at all times, promptly and fully pay and discharge any and all claims
on which any a lien may or could be based, and to indemnify KIB and all of the
premises and all buildings and improvements on the premises against all such
liens and claims of liens and suits or other proceedings.
XVIII. INDEMNIFICATION OF KIB
KIB shall not be liable for any loss, injury, death, or damage to
persons or property which at any time may be suffered or sustained by KISA or by
any person whosoever may at any time be using or occupying or visiting the
demised premises or be in, on, or about the same, whether such loss, injury,
death, or damage shall be caused by or in any way result from or arise out of any
act, omission, or negligence of KISA or of any occupant, subtenant, visitor, or
user of any portion of the premises, or shall result from or be caused by any
other matter or thing whether of the same kind as or of a different kind than the
matters or things above set forth, and KISA shall defend and indemnify KIB
against all claims, liability, loss, or damage whatsoever on account of any such
loss, injury, death, or damage except loss, injury, death or damage caused by
KIB's agents while exercising KIB's right of entry (Paragraph IX, above) and
right of way (Paragraph XIX, below). KISA hereby waives all claims against KIH
for damages to the building and improvements that are now on or hereafter placed
or built on the premises and to the property of KISA in, on, or about the
premises, and for injuries to persons or property in or about the premises, from
any cause arising at any time except loss, injury, death or damage caused by
KIB's agents while exercising KIB's right of entry (Paragraph IX, above) and
right of way (Paragraph XIX, below).
XIX. ATTORNEYS' FEES
If any action at law or in equity shall be brought for or on account
of any breach of, or to enforce or interpret any of the covenants, terms, or
conditions of this lease, or for the recovery of the possession of the demised
premises, the prevailing party shall be entitled to recover from the other party
as part of the prevailing party's costs a reasonable attorneys' fee, the amount
of which shall be fixed by the court and shall be made a part of any judgment or
decree rendered.
XX. REDELIVERY OF PREMISES
KISA shall pay all sums required to be paid by KISA hereunder in the
amounts, at the times, and in the manner provided in this lease, and shall keep
GROUND LEASE - 7
and perform all the terms and conditions of this lease on its part to be kept and
performed, and, at the expiration or sooner termination of this lease, peaceably
and quietly quit and surrender to KIB the premisesin good order and condition
subject to the other provisions of this lease. I -n the event of the non-
performance by KISA of any of the covenants of KISA undertaken herein, this lease,
may be terminated as herein provided.
XXI. REMEDIES CUMULATIVE
All remedies hereinbefore and hereafter conferred on KIB shall be
deemed cumulative and no one exclusive of the other, or of any other remedy
conferred by law.
XXII. INSURANCE
(e) Insurance Coverage of Premises. KISA shall, at all times
during the term of this lease and at KISA's sole expense, keep all improvements
which are now or hereafter a part of the premises insured against loss or damage
by fire and extended coverage hazards for one hundred per cent (100%) of the full
replacement value of such improvements, with loss payable to KIB and KISA as
their interests may appear. Any loss adjustment shall require the written
consent of both KIB and KISA.
(b) General Liability Insurance. KISA shall maintain in effect
throughout the term of this lease liability insurance covering the premises and
its appurtenances in the amount of One Million Dollars ($1,000,000.00) for injury
to of death of any person or persons in one occurrence, and property damage
liability insurance in the amount of One Million Dollars ($1,000,000.00). Such
insurance shall specifically insure KISA against all liability assumed by it
hereunder, as well as liability imposed by law, and shall insure both KIB and
KISA but shall be so endorsed as to create the same liability on the part of the
insurer as though separate policies had been written for KIB and KISA.
(c) Cost of Insurance Deemed Additional Rental. The cost of
insurance required to be carried by KISA in this section shall be deemed to be
additional rental hereunder.
XXIII. . PROHIBITION OF INVOLUNTARY ASSIGNMENT: EFFECT OF
BANKRUPTCY OR INSOLVENCY
(a) Prohibition of Involuntary Assignment. Neither this lease nor
the leasehold estate of KISA nor any interest of KISA hereunder in the premises
or in the buildings or improvements on the premises shall be subject to
involuntary assignment, transfer, or sale, or to assignment, transfer, or sale
by operation of law in any manner whatsoever (except through statutory merger or
con_solida.pioA, orde_v_isel nlld_ aDy—sugh— attempt_ at_.._invo�,.untary assignment,
transfer, or sale shall be void and of no effect.
(b) Effect of Bankruptcy. without limiting the generality of the
provisions of the preceding sub -paragraph (a) of this paragraph, KISA agrees that
in the event any proceedings under the Bankruptcy Act or any amendment thereto
be commenced by or against KISA, and, if against KISA, such proceedings shall not
GROUND LEASE - 8
be dismissed before either an adjudication in bankruptcy acomposition, arrangement, or plan or reorganization,
of
adjudged Y or the confirmation is
3 4 insolvent or makes an assignment for the benefit or In the eve
if a receiver is event KISA is
with authority appointed in any proceeding of its creditors,
Y to take g or action to which or
conducted thereon b Possession or control of KISA is a party,
y KISA, and such receiver the premises or the business
Of thirty
P3zohibited by thedays after appointment,
any such ot dev event or anyischarged hinvoluntary
assignment
ns
this paragraph shall be dee f the precedingp (a) of
shall, at deemed to constitute a sub-paragra h
the election of KIB, breach of this lease b
other action of but not otherwise, without Y KISA and
IB terminate this lease and notice or entry or
lease and in and to the premises and also all rights of
claimingu also all rights Of a KISA under this
under KISA. any and all
Persons
XXIV. NOTICE OF DEFAULT
(a) Maior-Defaults.
as described ) Paragraphs The obligations and res
importance to KIH. X, XXII and Ponsibilities of KISA
KISA shall be in default XXIII of this loose are of major
if any of the events. required b ult of its obligations under
exercising Y or prohibited b this lease
g its remedies as described i Y those paragraphs. Prior to
KISA five (5) days' written not' n Paragraph X7�v, KIB shall f
within that five notice of the default. first give to
(5) days. If KISA does KISA must cure the default
with its remediesasdescribed not cure the default KIH may
in Paragraph XXV Y proceed
obligations under Default in Pa to.
required b this lease KISA shall be in default of its
If
it fails
y this lease. prior � Pay rent or any other moneys as
Paragraph XXV, KIB shall to exercising its remedies
the default. first give to KISA thirty ri described in
KISA must cure the default Y (30) days' written notice of
does not cure the default within that .thirty (30). days. If KISA
Paragraph XXv. KIS may proceed with its remedies as
described in
(c) Other Defaults. KISA shall not be deemed
any of its other obligations under this
sixty lease u to be. in default of
Y (60) days' written notice nless KIB shall first
default within such sixty-day of such default, and KISA glue to KISA
may proceed with V day Period. If KISA does fails to cure such
its remedies not then cure the default KIH
of such a as described in Paragraph XXV.
nature that it cannot be cured within s' If the default is
commence to cure the default within suchPeriodixty (60) days,
KIB in writing,of Y KISA must
during the original sixt sixty (60) days and
by which the default w' Y (60) day notice a Provide
date KIB 111 be cured. if period, with the date
may proceed with its remedies KISA does not cure the default b
as described in Paragraph Y that
XXV.
XXV• KIS'S REMEDIES UPON KISA'S DEFAULT
zo rv. Subj eat—Ep-t
in the event Of an �noElae requirements of- _
Y default or breach of this lease b Paragraph--XXIv -
the other rights or remedies it may have, shell Y KISA, KIB,
entry and may in addition to
Y remove all persons an have the immediate right of re -
may be removed and stored in a d Property from the
for the public warehouse o Premises; such property
account of KISA. Should r elsewhere at the coat of,
KIB elect to re-enter, -
----- and
_._... .
as -hu provided, or
GROUND LEASE - 9
should it take possession pursuant to legal proceedings or pursuant to any notice -
provided for by law, KIB may either terminate this lease or it may from time to
time, without terminating this lease, re -let the premises or any part of the
premises for such term or terms (which may be for a termextendingbeyond the
term of this lease) and at such rental or rentals and on such other terms and
conditions as KIB in the sole discretion of KIB may deem advisable with the right
to make alterations and repairs to the premises.
(b) Richt to Perform. Alternatively, in the event of any default or
breach of this lease by KISA and KISA failure to cure as required by Paragraph
xXIV, then KIB may, but shall not be required to, do or perform or cause to be
done or performed such act or thing (entering on the premises for such purposes,
if KIB shall so elect), and KIB shall not be or be held liable or in any way.
responsible for any loss, inconvenience, annoyance, or damage resulting to KISA
on account thereof, and KISA shall repay to KIB on demand the entire expense
thereof, including compensation to the agents and employees of KIB. Any act or
thing done by KIB pursuant to. the provisions of this section shall not be or be
construed as a waiver of any such default by KISA, or as a waiver of any
covenant, term, or condition herein contained or the performance thereof, or of
any other right or remedy of KIB, under this lease, or otherwise.
(c) Interest. All amounts payable by KISA to KIB under any of the
provisions of this lease, if not paid when the same become due as in this lease
provided, shall bear interest from the date they become due until paid at the
rate of 10.5 per ,cent perannum, compounded annually. -
XXVI. SURRENDER OF LEASE
Upon termination of the lease, the KISA shall peaceably and quietly
leave, surrender, and yield up unto KIB all of the leased. premises. The
voluntary or other surrender of this lease by KISA, or a mutual cancellation of
the lease, shall not work a merger, and shall, at the option of KIB, terminate
all or any existing subleases or subtenancies, or may, at the option of KIB,
operate as an assignment to it of any or all such subleases or subtenancies.
XXVII. DISPOSITION OF IMPROVEMENTS ON TERMINATION OF LEASE
(a) If the expiring leasehold is not to be re -offered for lease,
the following schedule shall apply:
1. Subject to Paragraph XXV (a), improvements owned by the
KISA shall, within ninety (90) calendar days after the termination of the lease,
be removed by KISA, provided such removal will not cause injury or damage to the.
premises or improvements, and further provided that the KIB mayor may extend the
time for removing such improvements in cases where hardship is proven. All
periods of time granted KISA to remove improvements are subject to KISA's paying
to the KIB pro rata lease rentals or t e perm.
2. If any improvements or chattels not owned by KISA which
have an appraised value in excess of five thousand dollars, as determined by the
KIB assessor or appraiser, are not removed within the time. allowed, such
improvements or chattels shall, upon thirty (30) days' notice to KISA, be sold
GROUND LEASE- 10
at public sale under the direction of the KIB mayor. The proceeds of the sale
shall inure to the KISA if it placed the improvements or chattels on the
premises, after deducting for KIB's rents due and owing, expenses incurred in
making such sale and any other sums owed to KIB under this lease. If no
responsible bids are received, title to such improvements or chattels shall vast
in the KIB.
3. If any improvements or chattels having an appraised value
.of five thousand dollars or less, as determined by the KIB assessor or appraiser,
are not removed within the time allowed, such improvements and chattels shall
revert to, and absolute title shall vest in, the KIB.
(b) If the expiring leasehold is to be re -offered for lease or sale
within one year of the lease termination, and the improvements have been allowed
to remain in place, KIB shall state when re -offering the real property:
1. The estimated value of the authorized improvements.
remaining on the land placed there by KISA;
2. That the purchaser or new tenant will be required, as a
condition of the sale or lease, to purchase the improvements from KISA for an
amount equal to the value specified.
XXVIII. RIGHT-OF-WAY
KIB expressly reserves the right to reasonable ingress or egress over
and across the leased premises for the purposes of constructing, repairing,
maintaining, or replacing any utility or roadright-of-way which KIB is
authorized to construct or maintain and to grant to itself reasonable easements
over and through the leased premises for these purposes. Annual rentals may be
adjusted to compensate KISAforloss of use of the leased premises. KIB agrees
to coordinate with KISA to minimize the disruption to KISA's use and enjoyment
of the premises. This includes cc -locating any roads with the road utilized by
KISA. To prevent the disruption in any of KISA's scheduled events, KISA will
provide KIB with a schedule of events on a quarterly basis. KIB agrees that it
will not make or allow the use to be made of any rights-of-way during a KISA
scheduled event, except in an emergency situation.
KIB reserves the right to grant easements or rights-of-way over and
across leased land if it is determined in the best interest of the KIB to do so
and by doing so the KIB and KISA remain in compliance with the requirements of
the LWCF grant. If KIB grants an easement or right-of-way across any of the
premises, KISA shall be entitled to damages for all KISA-owned improvements
destroyed or damaged. Damages shall be limited to improvements only, and loss
shall be determined by fair market value. Annual
rentals may be adjusted to compensate KISA for loss of use of the premises.
XXIX. WAIVER
The waiver by either party of, or the failure of either party to take
action with respect to any breach of any term, covenant, or condition herein
contained by the other party shall not be deemed to be a waiver of such term,
GROUND LEASE - 11
covenant, or condition, or subsequent breach of the same, or any other term,
covenant, or condition therein contained. The subsequent acceptance of rent
hereunder by KIS shall. not be deemed to be a waiver of any preceding breach by
KISA or KIB of any term, covenant, or condition of this lease, other than the
failure of KISA to pay the particular rental so accepted, regardless of KIB's
knowledge of*such preceding breach at the time of acceptance of such rent. The
subsequent payment of rent hereunder by KISA shall not be deemed to be a waiver
of any preceding breach by KIB of any term, covenant, or condition of this lease
regardless of KISA's knowledge of such preceding breach at the time of payment
of such rent.
)pp„ PARTIES BOUND
The covenants and conditions herein contained shall, subject to the
provisions as to assignment, transfer, and subletting, apply to and bind the
successors, administrators, and assigns of all of the parties hereto; and all of
the parties hereto shall be jointly and severally liable hereunder.
XXXI. TIME OF THE ESSENCE
Time is of the essence of this lease, and of each and every covenant,
term, condition, and provision hereof.
=11. CAPTIONS
The captions of this lease are for convenience only and are not a
part of this lease and do not in any way limit or amplify the terms and
provisions of this lease.
XXXIII. CONDITION OF PREMISES
KISA acknowledges that it has inspected the premises and is fully
satisfied with the physical condition of such premises and any fixtures and
improvements located on the premises.
XXXIV. QUIET ENJOYMENT
If KISA is not in default under this lease, KISA may peacefully enjoy
the premises during the term of this lease.
If any part of this lease is deemed invalid or unenforceable, the
balance of this lease shall 'remain effective, absent the unenforceable provision.
XXXVI. AMENDMENT ....___...__---....... _ _. _..
No change in this lease shall be effective unless it is in writing
and signed by both KIB and KISA.
GROUND LEASE - 12
XXXVII. GOVERNING LAW
The laws of the State of Alaska shall govern the interpretation,
validity, performance and enforcement of this lease. Venueforany action under
this lease shall be in the Third Judicial District at Kodiak, Alaska.
IN WITNESS WHEREOF, the parties have executed this lease at Kodiak,
Alaska, on the day and year first above written.
KODIAK ISLAND BOROUGH
By:
J me Selby, Mayor
ATTEST:
Donna Smith, Borough Clerk
KODIAK ISLAND SPN'S ASSOCIATION
By:
Pre dent
GROUND LEASE - 13
STATE OF ALASKA )
)as.
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on the of j GS� 1994, before me, the
undersigned, a Notary Public in and for the Stata f Alaska, duly commissioned
and sworn, personally appeared JEROME SELBY, to me known and known to me to be
the identical individual described in and who executed the within and foregoing
instrument as Mayor of the Kodiak Island Borough and he acknowledged to me that
he signed the same in the name of and for and on behalf of said municipality,
freely and voluntarily and by authority of its Assembly for the uses a ores
therein mentioned. �A F. c.
1.10TARY\GIVEN UNDER MY HAND and official seal the day and year 140�
bove-1lTttte/}
PUBLIC
Notary Public,for Alaska
My Commission Expires: 040
STATE OF ALASKA
)ss.
THIRD JUDICIAL DISTRICT ) -}'� .L
THIS IS TO CERTIFY that on the 1L of LI / , 199'4, before me, the
undersigned, a Notary Public in and for the State 16f Alaska, duly commissioned
and sworn, personally appeared to me known and known to
me to be the identical individual described in and who executed the within and
foregoing instrument as President of Kodiak Island Sportsmen's Association and
acknowledged to me that the same was signed in the name of and for and on behalf
of said corporation, freely and voluntarily and by authority of it f
Directors for the uses and purposes therein mentioned. `� F.
GIVEN UNDER MY HAND and official seal the day /and year las
�rr t7/7u� OA PUBLIC
Notary Public for Alaska
4702WTD.D05 My Commission Expires: 6 ip O
GROLMD LEASE - 14
Kodiak Island Borough
M E M O R A N D U M
DATE: DECEMBER 28, 1993
1O• / ITEM 12.D.4.
0 Al R 1-,36
TO: BOROUGH MAYOR AND BOROUGH ASSEMBLY
FROM: BUD CASSIDY, RESOURCE MANAGER'✓
SUBJ: SALONIE CREEK RIFLE RANGE GRANT REQUIREMENTS
ANNUAL YEARLY NOTIFICATION
---------------------------------------------------
This is an annual memo to the Mayor and the Borough
Assembly notifying the Borough's public officials of the
obligations we have assumed when receiving money for the
Salonie Creek Rifle Range under the LAND AND WATER
CONSERVATION GRANT program.
The money received under this grant contains some very
specific requirements that we are obligated to follow when
wP accent funds from this program.
One of these requirements states that I am to keep you
reminded on a yearly basis of these responsibilities. I
sign a certificate stating that you have been notified. I
attach a copy of this memo along with the certificate.
Other responsibilities
meet are outlined in
titled POST-COMPLETI
SPONSOR. Theses sectio
comment.
that the Borough is obligated to
section II and III of a document
are
your review and
Most of these responsibilities will be passed on to the
Kodiak Island Sportsmens Association (KISA) as part of the
lease agreement between the Borough and KISA. It is
important to recognize that the Borough is ultimately
responsible for compliance of these requirements as
sponsor of the grant and owner of the property.
A copy of the signed Post -Completion Responsibilities
Certificate is attached.
UPDATE OF THE FACILITY AS OF DECEMBER 1993
Of the $535,000 spent in acquiring the almost 700 acres
encompassing the site, approximately $120,000 was provided
through the LWCF grant. I say approximate because the
state takes a healthy administrative cut from this amount.
There remains a few items to be accomplished at the range.
The road to the facility has been grubbed and graded and
most of the numerous culverts have been installed to
control the drainage from an adjacent hillside. Two
culvert remain to be installed.
The buildings for the site (storage, restrooms,
statistical shack) have been purchased or donated but have
not been relocated to the site. A sign has been made and
will be installed in the spring.
The lease of the site to KISA has yet to be signed. It is
with the NRA attorney in Anchorage and is hoped to be
signed soon.
SECTION II
Post -Completion Responsibilities for Project Sponsor
Project Sponsors are required, as recipients of LWCF assistance, to maintain assisted
sites and facilities for public outdoor recreation use following project completion.
A. Property acquired or developed with Land and Water Conservation Fund
assistance shall be operated and maintained according to the following standards.
1. All LWCF assisted project sites must be operated and maintained in a
manner which encourages public participation.
2. The property shall be maintained so as to appear attractive and inviting to
the public. Staffing and servicing must be such as to serve the public and
maintain a clean, safe environment for recreation.
3. Sanitation and sanitary facilities shall be maintained in accordance with
good housekeeping and applicable health standards.
4. Properties, facilities and equipment shall be kept reasonably safe for public
use. Fire prevention, lifeguard and similar activities shall be maintained for
proper public safety.
5. All facilities, roads, trails and other improvements shall be kept in
reasonable repair throughout their estimated lifetime to prevent undue
deterioration and to encourage public use. Erosion problems shall be
corrected.
6. The facility shall be kept open for public use at reasonable hours and times.
Restrooms shall be unlocked during normal park hours.
7. The LWCF acknowledgement sign shall be displayed on-site throughout the
project life. (See Section ILD for details.)
8. There shall be no unapproved overhead wiring in the facility.
9. EEO signs shall be displayed on-site throughout the project life. (See
Section 11.6.4 for details.)
A sponsor responsibility checklist is included as Appendix I.
3 07/23/92
B. Property acquired or developed with Land and Water Conservation Fund
assistance shall be available to all persons to use and enjoy. The project sponsor
must comply with the following:
Sex. Under Title VI of the 1964 Civil Rights Act property acquired or
developed with LWCF assistance shall be open to entry and use by all
persons regardless of race, color, or national origin, who are otherwise
eligible. The code of Federal Regulations, Title 43, Part 17, effectuates the
provisions of Title VI. The prohibitions imposed by Title VI apply to park or
recreation areas benefiting from Federal assistance and to any other
recreation areas administered by the State agency or local agency receiving
the assistance. Discrimination is also prohibited on the basis of religion or
sex.
2. Discrimination on the Basis of Residence. Section 6(f)(8) of the LWCF Act
provides that with respect to property acquired or developed with LWCF
assistance, discrimination on the basis of residence, including preferential
reservation, membership or annual permit systems is prohibited except to
the extent that reasonable differences in admission and other fees may be
maintained on the basis of residence.
Fees charged to non-residents cannot exceed twice that charged to
residents. Where there is no charge for residents but a fee is charged to
non-residents, non-resident fees cannot exceed fees charged for residents
at comparable State or local public facilities. Reservation, membership or
annual permit systems available to residents must also be available to non-
residents and the period of availability must be the same for both residents
and non-residents.
These provisions apply only to the recreation areas described in the project
agreement. Non-resident fishing and hunting license fees are excluded
from these requirements.
3. Discrimination on the Basis of Handicap. Section 504 of the Rehabilitation
Act of 1973 requires that no qualified person shall, on the basis of
handicap, be excluded from participation in, be denied benefits of, or
otherwise be subjected to discrimination under any program or activity
which receives or benefits from Federal financial assistance.
Section 504 of the Rehabilitation Act, as amended in 1978, essentially
prohibits discrimination against disabled persons in all programs, services
and activities provided by Federal Financial Assistance or by a Federal
Agency. In essence, the law requires that programs and facilities be, to the
4 07/23/92
highest degree feasible, readily accessible to and usable by all persons who
have a disability, including mobility, visual, hearing, or mental impairments.
U.S. Department of the Interior regulations for Federally Assisted Programs
were published on July 7, 1982 and regulations for Federally Conducted
Programs were published on March 4, 1987. Primary elements of the two
sets of regulations include the following:
An agency, directly or indirectly, may not:
- deny a disabled person the opportunity to participate in, or
benefit from, a service solely on the basis of their disability;
- offer disabled persons an opportunity to participate that is not
equal to that afforded others;
-- provide a service for disabled persons that is not as effective
as that provided others;
- provide separate aids or services, unless it is necessary in
order to provide an equal opportunity;
provide significant aid or assistance to any agency that
discriminates on the basis of disability;
- deny a disabled person the opportunity to participate as a
member of a Planning or Advisory Board;
- each agency shall operate each program or activity so
that ... when viewed in its entirety, it is readily accessible to and
usable by disabled persons;
- each agency or unit is required to conduct, with the
assistance of interested persons (including disabled persons),
a self-evaluation of its policies, facilities, programs and
services to determine the extent to which they meet the intent
of the regulations;
- the agency shall maintain the self-evaluation on file for public
inspection, including the list of interested persons consulted,
a description of areas examined, and modifications made or
planned;
in choosing among available methods for compliance, the
agency shall give priority to those methods that offer
5 07/23/92
programs and opportunities in the most integrated setting
possible;
- the agency shall provide program access within 60 days of
the effective date of the regulations, except in cases where
structural modifications are needed. In those cases, changes
shall be made as expeditiously as possible but not longer than
three years,
- in the event of structural changes, each unit shall develop a
transition plan identifying barriers, describing methods to
eliminate the barriers, specifying the schedule for completion,
indicating the official responsible, and identifying the persons
or groups consulted;
the agency shall take appropriate steps to ensure effective
communications with all members of the public, including
disabled persons, regarding its action to comply with these
regulations;
- the department has established procedures for receiving and
investigating complaints alleging violations of the regulations
and monitoring implementation of corrective actions.
A copy of the Uniform Federal Accessibility Standards has previously been
forwarded to your agency. Should you need an additional copy, contact our
office.
While not directly effecting LWCF grants, the Americans with Disabilities Act
passed in 1990, also bars discrimination against individuals with handicaps.
Appendix II provides a fact sheet on this very important Act.
4. Eoual Opportunity. Because you agreed to accept federal funds to acquire
or build your outdoor recreational projects, you agreed to provide all citizens
of the state and the U.S. equal opportunity to use your facility. Therefore,
you as a LWCF recipient, must post the following statement in each facility:
This project received Federal Funds from the National Park
Service. Regulations of the U.S. Department of the Interior
strictly prohibit unlawful discrimination in departmental
federally assisted programs on the basis of race, color,
national origin, age or handicap. Any person who believes
that he or she has been discriminated against in any program
activity, or facility operated by a recipient of Federal
6 07/23/92
assistance, should write to:
Director, Equal Opportunity Program
U.S. Department of the Interior
National Park Service
P.O. Box 37127
Washington, D.C. 20013-7127
A sample poster is included as Appendix III for your information. You may design
your own poster utilizing the above language, or copies of the poster demonstrated
as Appendix III may be obtained from Alaska Division of Parks and Outdoor
Recreation, Grants Section, P.O. Box 107001, Anchorage, AK 99510 (907)762-
2609.
C. Property acquired or developed with Land and Water Conservation Fund
assistance must be used as outdoor recreation areas. Depending on the area, this
use may be restricted.
Project sponsors may impose reasonable limits on the type and extent of use of
areas and facilities acquired or developed with Fund assistance when such a
limitation is necessary for maintenance or preservation. Thus, limitations may be
imposed on the numbers of persons using an area or facility or the type of users,
such as "hunters only" or "hikers only". All limitations shall be in accord with the
applicable grant agreement and amendments.
D. It is required that a sign which acknowledges LWCF assistance be displayed on-
site throughout the life of the project. A sample sign is included as Appendix IV
for your information. You may use a sign of your own design. For your
convenience, signs such as demonstrated in Appendix IV may be obtained, at a
cost, from Warning Signs of Alaska, 591 W 67th Avenue, Anchorage, AK
(907)562-2124.
On October 1, 1988, President Reagan signed into law the Department of Defense
Appropriations Act. Section 8136 of this law, which has government -wide
application, provides:
When issuing statements, press releases, requests for proposals, bid
solicitations, and other documents describing projects or programs
funded in whole or in part with Federal money, all grantees receiving
Federal funds, including but not limited to state and local
governments shall clearly state (1) the percentage of the total cost
of the program or project which will be financed with Federal money,
and (2) the dollar amount of Federal funds for the project or
program.
7 07/23/92
SECTION III
CONVERSION
Section 6(f)(3) of the Act states that "No property acquired or developed with assistance
under this section shall, without the approval of the Secretary (Department of the Interior),
be converted to other than public outdoor recreation uses. The Secretary shall approve
such conversion only if he finds it to be in accord with the then existing Statewide
Comprehensive Outdoor Recreation Plan (SCORP) and only upon such conditions as he
deems necessary to assure the substitution of other recreation properties of at least equal
fair market value and of reasonable equivalent usefulness and location". The Secretary
has authority to disapprove conversion requests and/or to reject proposed property
substitutions.
The restriction on the use of LWCF assisted properties is a perpetual restriction which
can only be removed by an Act of Congress. Conversions are remedies to otherwise
unresolvable situations, not vested rights in the program.
When an area acquired or developed with Land and Water Conservation Fund assistance
will be used for other than public outdoor recreation use, this use constitutes a conversion
under Section 6(0(3) of the Land and Water Conservation Fund Act. Properties acquired
or developed with LWCF assistance are prohibited by Section 6(f)(3) of the LWCF Act
from conversion to other than public outdoor recreation use. As stated earlier,
conversions are remedies to otherwise unresolvable situations, not vested rights in the
program.
Conversions generally occur in the following four situations:
1. Property interests are conveyed for non-public recreation uses.
2. Non -outdoor recreation uses (public and private) are made of the area, or
a portion thereof.
3. Non -eligible indoor recreation facilities are developed within the project
area.
4. Public outdoor recreation use of property acquired or developed with LWCF
assistance is terminated.
Examples of conversions are construction of through -roads, construction of residential,
industrial and commercial developments, water or sewer lines, community centers,
gymnasiums, senior centers, offices, residents, electrical easements, private circus
8 07/23/92
showings, and other uses not permitted under the LWCF Program.
Conversions are normally discovered in the following manner:
1. Inspection by Regional Parks/Recreation Consultant or other staff.
2. Contact with local officials.
Pre -conversion activities, those activities leading to a conversion of park property, may
also be discovered using the above-mentioned means and the following:
1. Local news media reports.
2. Intergovernmental review process.
Some examples of pre -conversion activities are plans and specifications for construction,
public hearings, application for permits, etc.
Construction on Park Sites?
What do you do if construction is necessary on a park site?
When any construction on LWCF assisted park property is necessary, the local sponsor
must contact the grant administrator with the Alaska Division of Parks and Outdoor
Recreation. Do not begin any work on, or disturbance of the nark site until this contact
is made. As soon as the grant administrator has been contacted, a meeting will be held
with the project sponsor to determine if the activity is allowable, or exempt from the
Section 6(f)(3) requirements of the Land and Water Conservation Fund Act. According
to LWCF Manual Section 675.9(3)A.(5), exceptions to a conversion may be allowed for
the following:
1. Underground utility easements that do not have significant impacts upon the
recreational utility of the park will not constitute a conversion.
2. Proposals to construct public facilities where it can be shown that there is
a gain or increased benefit to public outdoor recreational opportunity, will
not constitute a conversion. Final review and approval of such cases shall
be made on a case-by-case basis.
The Secretary of the U.S. Department of the Interior has the final word regarding
conversions.
9 07/23/92
December 26, 1993
Kodiak Island Borough
710 MILL BAY ROAD
KODIAK, ALASKA 99615.6340
PHONE (907) 486.5736
Jimmie L. Price
Alternate State Liaison Officer
Alaska Division of Parks and Outdoor Recreation
ATTN: Grants Section
P.O. Bos 107001
Anchorage, AR. 99510-7001
re: Land And Water Conservation Fund (LWCF) Grant Program
02-00346 salonis Creek Rifle Rangs.
ANNUAL CERTIFICATION OF POST -COMPLETION
RESPONSIBILITIES
Enclosed is a signed certificate stating that I have read
the booklet titled POST COMPLETION RESPONSIBILITIES
HANDBOOK FOR PROJECT SPONSORS. The information found in
the booklet was summarized, and a memo was composed
informing the Borough Mayor and the Assembly of the
responsibilities the borough is obligated to perform by
accepting this grant. This information will be provided at
the Assembly's January 6, 1994 meeting.
As the Resource Manager for the Borough, I will be
monitoring the use of the land and facilities so that they
are consistent with the conditions spelled out in the
grant.
Should you have any questions, Please call me at 486-9302.
Sincerely,
W_Gl�o�
Bud Cassidy
Resource Mana r
cc: Jerome Selby, Mayor
OKL 219
•
0
LAND AND WATER CONSERVATION FUND GRANT PROGRAM
POST -COMPLETION RESPONSIBILITIES CERTIFICATION
Project Sponsor Name
I hereby certify that I have read and understand the contents of the Land and Water Conservation
Fund (LWCF) grant program booklet entitled Post Completion Responsibilities; A Handbook
for Project Syonsors. Further, I will brief the appropriate governmental officials annually to
ensure strict compliance with post -completion requirements of the LWCF program.
bate
To maintain eligibility to participate in the LWCF program in Alaska, complete and return this
form by December 31, 1993 to:
Alaska Division of Parks and Outdoor Recreation
ATTN: Grants Section
P.O. Box 107001
Anchorage, AK 99510-7001
Questions regarding this form or the project
post-completion
re poat (907)t762 ties may e
forwarded to the above address, or you may grant
administra762.2608, or FAX us at (907) 762-2535.
JAMIN, EBELL, BOLGER, & GENTRY
A PROFESSIONAL CORPORATION
JOEL H. BOLDER'
C. WALTER EBELL'
DUNCAN S. FIELDS
DIANNA R. GENTRY
MATTHEW D. JAMIN
WALTER W. MASON'
ALAN L. SCHMITT
'ADWTTEDTOA m
. W 'NaroNBME
Au DmERs AOYITTFD To
AW NA EMI
Bud Cassidy
Resource Management Officer
Kodiak Island Borough
710 Mill Bay Road
Kodiak, AK 99615
ATTORNEYS AT LAW
323 CAROLYN STREET
KODIAK, ALASKA 99615
TELEPHONE: (907) 486-6024
FACSIMILE: (907)486-6112
REPLY TO KODIAK OFFICE
October 27, 1993
Re: Salonie Creek Lease
Our File No. 4702-317
C Al x/-250
ANCHORAGE OFFICE:
12001 STREET. SURE 704
ANGNORAGE,ALAENA99501
TELEPHONEANDFAE
(907) 278-0100
SEATRE OFFICE:
900 MUTUAL LIFE BUILDING
905 FIRST AVENUE
SEATTLE, WABHINOTON 95104
TELEPHONE: (208) 822.7994
FACSIMILE; (209) 929-7421
Dear Bud:
Based upon Mr. Bourbeau's comments, I have modified paragraph
I
XII
in the paragraph
consistent with his suggestions. I also made a minor change
headings. However, according to paragraph XXXIII, the captions are for
convenience only and are not a part of the lease.
Also, I have modified paragraph XXV to make it clear that should KISA not
provide insurance or allow the insurance to lapse, it will be deemed a major
Previously, it would have been deemed a default in payments. If you
default.
have any questions about that, please let me know.
If this document appears satisfactory to you, I will send a copy to KISA's
attorney, Dean Smith. Please let me know when I should do that.
Sincerely yours,
JAMIN, EBELL, BOLGER & GENTRY
Alan L. Schmitt
ALS/is
Enclosure
cc: rable Jerome Selby,
Ho
McFarland, Presiding Officer
Kodiak Island Borough Assembly
4702\317L.003
RLvEZIVEV
OCT 2 91993
KUUTAK ISLAND BOROUGH
CLERK'S OFFICE
JAMIN, EBELL, BOLGER & GENTRY
Bud Cassidy
Resource Management Officer
Kodiak Island Borough
710 Mill Bay Road
Kodiak, AK 99615
Re: Salonie Creek Lease
Our File No. 4702-317
Dear Bud:
ANCHORAGE OFFICE:
1200 1 STREET, SUITE 704
ANCHORAGE. ALASKA 99501
TELEPHONE AND FAX
(9071278 SOO
SEATTLE OFFICE:
300 MUTUAL LVE BUILDING
603 FIRST AVENUE
SEATTLE, WASHINGTON 96104
TELEPHONE: (206) 822'1634
FAC51MILE: (206) 623-1521
With this letter I enclose a revised ground lease agreement between the
Borough and the Kodiak Island Sportsmen's Association relative to the Salonie
Creek Shooting Range. For your reference, I have changed the previous draft as,
described in this letter.
First, reference to Resolution No. 92-26 has been placed in the
introductory paragraph.
Second, the preamble has been modified to reference the Borough's purchase
of the buildings and culvert with the related activity by KISA.
Third, Section II has been modified in several respects to make it clear
that the Borough has no interest in the sub -surface estate. Since it is
conceivable that Koniag, Inc. could convey its interest in the sub -surface, it
does not seem appropriate to specify the actual owner since it is subject to
change.
Next, I have modified the section on rent (IV) to provide for a three year
rental term. This should meet your desire to have it periodically reviewed. You
raise good points in your August 24, 1993 letter regarding the establishment of
the rental amount.
Next, in Section V(I), I have added language consistent with the
information you obtained from Joy Bryan-Dolsby.
Next, I have modified Section XX to provide the date certain for obtaining
building permits.
Next, relative to Section XXIII on insurance, it is significant that the
Borough's insurance broker has confirmed that KISA's insurance policy provides
adequate coverage for the Borough. However, to assure that that coverage remains
A PROFESSIONAL CORPORATION
JOEL IT. BOLGER*
ATTORNEYS AT LAW
C. WALTER EBELL
323 CAROLYN STREET
DUNCAN S. FIELDS
DIANNA R. GENTRY
KODIAK, ALASKA 99615
MATTHEW D. JAMIN
WALTER W. MASON'
TELEPHONE: (907) 406-6024
ALAN L. SCHMITT
FACSIMILE: (907)486 8112
.ADMITTED TO ALASKA
w....N CTON RARE
REPLY TO NOOIAN OFFICE
ALL OTMERS ADMITTED TO
ALASKA MAR
September 3, 1993
Bud Cassidy
Resource Management Officer
Kodiak Island Borough
710 Mill Bay Road
Kodiak, AK 99615
Re: Salonie Creek Lease
Our File No. 4702-317
Dear Bud:
ANCHORAGE OFFICE:
1200 1 STREET, SUITE 704
ANCHORAGE. ALASKA 99501
TELEPHONE AND FAX
(9071278 SOO
SEATTLE OFFICE:
300 MUTUAL LVE BUILDING
603 FIRST AVENUE
SEATTLE, WASHINGTON 96104
TELEPHONE: (206) 822'1634
FAC51MILE: (206) 623-1521
With this letter I enclose a revised ground lease agreement between the
Borough and the Kodiak Island Sportsmen's Association relative to the Salonie
Creek Shooting Range. For your reference, I have changed the previous draft as,
described in this letter.
First, reference to Resolution No. 92-26 has been placed in the
introductory paragraph.
Second, the preamble has been modified to reference the Borough's purchase
of the buildings and culvert with the related activity by KISA.
Third, Section II has been modified in several respects to make it clear
that the Borough has no interest in the sub -surface estate. Since it is
conceivable that Koniag, Inc. could convey its interest in the sub -surface, it
does not seem appropriate to specify the actual owner since it is subject to
change.
Next, I have modified the section on rent (IV) to provide for a three year
rental term. This should meet your desire to have it periodically reviewed. You
raise good points in your August 24, 1993 letter regarding the establishment of
the rental amount.
Next, in Section V(I), I have added language consistent with the
information you obtained from Joy Bryan-Dolsby.
Next, I have modified Section XX to provide the date certain for obtaining
building permits.
Next, relative to Section XXIII on insurance, it is significant that the
Borough's insurance broker has confirmed that KISA's insurance policy provides
adequate coverage for the Borough. However, to assure that that coverage remains
September 3, 1993
Re: Salonie Creek Lease
Page 2
in place, the actual dollar amounts should be inserted. This will make it clear
that KISA has an ongoing obligation to provide the coverage.
Please look this document over and let me know if you have comments or
suggestions. It would appear that we are getting close to having the lease in
a form to present to KISA's attorney for his review.
Sincerely yours,
JAMIN, EBELL, BOLGER & GENTRY
Alan L. Schmitt R ECE IVED
ALS/is
Enclosure
cc: Honorable Jerome Selby, Mayor EP 0 7 1993
Mr Sack McFarland, Presiding Officer KOL)IgK
odiak Island Borough Assembly ISLAND O FIFE U(iN
CLERK'S OFFICE
4702\317L.002
Kodiak Island Borough
Meeting of: May 4, 1995
ITEM NO.1�-
Receipt of Annual Cert cation of Post -Completion Responsibilities for Land and Water
Conservation Fund Grant Program 02-00346 Salome Creek Rifle Range.
The assembly has the obligation to fdfill the requirements of the Land and Water Conservation
Grant program. That requirement is that the Assembly is notified of the commitment on a yearly
basis. The Borough is ultimately responsible for compliance of the grant requirements as a
sponsor of the grant and owner of the property.
FISCAL N07W
[Xj N/A Expenditure Amount
APPROVAL FOR AGENDA:
RECOMMENDED ACTTON.-
Moue to acknowledge receipt of Annual Certification of Post -Completion Responsibilities
for Land and Water Conservation Fund Grant Program 02-00346 Salome Creek Rille
Range.
April 20, 1995
Kodiak Island Borough
710 MILL BAY ROAD
KODIAK, ALASKA 99615.6340
Jimmie L. Price
Alternate State Liaison Officer
Division of Parks and Outdoor Recreation
ATTN: Grants Section
3601 C Street, Suite 1200
Anchorage, AK. 99503-5921
re: Land And Water Conservation Fund (LWCF) Grant Program
02-00346 Salonie Creek Rifle Range.
Enclosed is a signed certificate stating that I have read
the booklet titled POST -COMPLETION RESPONSIBILITIES - A
HANDBOOK FOR PROJECT SPONSORS. The information found in
the booklet was summarized, ana the attached memo was
composed informing the Borough Mayor and the Assembly of
the responsibilities the Borough is obligated to perform
by accepting this grant.
As the Resource Manager for the Borough, I will be
monitoring the use of the lana and facilities so that they
are consistent with the conditions spelled out in the
grant.
Should you have any questions, Please call me at my new
number, 486-9302.
Sincerely,
Bud Cassidy
Resource Manager
cc: Jerome Selby, Mayor
OKL 219
Kodiak Island Borough
'v
M E M O R A N D U M
DATE: APRIL 20, 1995
TO: BOROUGH MAYOR AND BOROUGH ASS LY
FROM: BUD CASSIDY, RESOURCE MANAGER"'
SUBJ: S
ALONIE CREEK RIFLE RANGE G REQUIREMENTS
ANNUAL YEARLY NOTIFICATION----------
------------------------------------
------------
This is an annual memo notifying the Borough's public
officials of the obligationswe the have
assumed
onie Creek when
we
acquired grant money to purchase
Range under the LAND AND WATER CONSERVATION GRANT PROGRAM.
The money received under this grant contains some specific
requirements that we are obligated to follow when we
accept funds from this program.
one of these requirements states that I am to keep you
reminded on a yearly basis of these responsibilities. I
sign a certificate stating that you have been notified of
our commitment.
other responsibilities that the Borough is obligated to
meet under the grant are outlined in section II of a
document titled POST -COMPLETION RESPONSIBILITIES FOR
PROJECT SPONSOR. This section is attached for your review
and comment.
Most of these responsibilities have been passed on to the
Kodiak Island Sportsman's Association (KISA) as part of
the lease agreement between the Borough and KISA.
It is important to recognize though that the Borough is
or
requirements ass sponsor off the grant lands these of
owner of the
property.
LAND AND WATER CONSERVATION FUND GRANT PROGRAM
POST -COMPLETION RESPONSIBILITIES CERTIFICATION
Name of Project Sponsor
I hereby certify that I have read and understand the contents of the Land and Water
Conservation Fund (LWCF) grant program booklet entitled Post -Completion
Resoonsibilities: A Handbook for Proiect Sponsors. Further, I will ensure strict
compliance with post completion requirements of the LWCF program.
Ton` nature
1'e
�izv/ys
Date
♦•wrwrrewrrrrwwrrrwrrwwrrwwrwrrwrwrrrrreww•xw+w.wwrrwwwrr+rrrrrrrrrrrrrwrrrwwr
By April 15, 1995, complete and return this form to:
Alaska Division of Parks and Outdoor Recreation
ATTN: Grants Section
3601 "C' Street, Suite 1200
Anchorage, AK 99503-5921
Questions regarding this form or the project sponsor post -completion responsibilities may
be forwarded to the above address, or you may contact a grant administrator at (907)
762-2607 or FAX us at (907) 762-2535. (Please note the address referenced above is
our new mailing address.)
03/95
SECTION II
Post -Completion Responsibilities for Project Sponsor
Project Sponsors are required, as recipients of LWCF assistance, to maintain assisted
sites and facilities for public outdoor recreation use following project completion.
A. Property acquired or developed with Land and Water Conservation Fund
assistance shall be operated and maintained according to -the following standards.
1. All LWCF assisted project sites must be operated and maintained in a
manner which encourages public participation.
2. The property shall be maintained so as to appear attractive and inviting to
the public. Staffing and servicing must be such as to serve the public and
maintain a clean, safe environment for recreation.
3. Sanitation and sanitary facilities shall be maintained in accordance with
good housekeeping and applicable health standards.
4. Properties, facilities and equipment shall be kept reasonably safe for public
use. Fire prevention, lifeguard and similar activities shall be maintained fol
proper public safety.
5. All facilities, roads, trails and other improvements shall be kept in
reasonable repair throughout their estimated lifetime to prevent undue
deterioration and to encourage public use. Erosion problems shall be
corrected.
6. The facility shall be kept open for public use at reasonable hours and times.
Restrooms shall be unlocked during normal park hours.
7. The LWCF acknowledgment sign shall be displayed on-site throughout the
project life. (See Section ILD for details.)
S. There shall be no unapproved overhead wiring in the facility.
9. EEO signs shall be displayed on-site throughout the project life. (See
Section ll.B.4 for details.)
A sponsor responsibility checklist is included as Appendix I. This may prove useful to
ensure your project/s complies with LWCF maintenance requirements
Page 3
03/95
B. Property acquired or developed with Land and Water Conservation Fund
assistance shall be available to all persons to use and enjoy. The project sponsor
must comply with the following:
Discrimination on the Basis of Race Color National Origin Religion, or
Sex. Under Title VI of the 1964 Civil Rights Act property acquired or
developed with LWCF assistance shall be open to entry and use by all
persons regardless of race, color, or national origin, who are otherwise
eligible. The code of Federal Regulations, Title 43, Part 17, effectuates the
provisions of Title VI. The prohibitions imposed by Title VI apply to park or
recreation areas benefiting from Federal assistance and to any other
recreation areas administered by the State agency or local agency receiving
the assistance. Discrimination is also prohibited on the basis of religion or
sex.
2. Discrimination on the Basis of Residence. Section 6(f)(8) of the LWCF Act
provides that with respect to property acquired or developed with LWCF
assistance, discrimination on the basis of residence, including preferential
reservation, membership or annual permit systems is prohibited except to
the extent that reasonable differences in admission and other fees may be
maintained on the basis of residence.
Fees charged to non-residents cannot exceed twice that charged to
residents. Where there is no charge for residents but a fee is charged to
non-residents, non-resident fees cannot exceed fees charged for residents
at comparable State or local public facilities. Reservation, membership or
annual permit systems available to residents must also be available to non-
residents and the period of availability must be the same for both residents
and non-residents.
These provisions apply only to the recreation areas described in the project
agreement. Non-resident fishing and hunting license fees are excluded
from these requirements.
3. Discrimination on the Basis of Handicao. Section 504 of the Rehabilitation
Act of 1973 requires that no qualified person shall, on the basis of
handicap, be excluded from participation in, be denied benefits of, or
otherwise be subjected to discrimination under any program or activity
which receives or benefits from Federal financial assistance.
Section 504 of the Rehabilitation Act, as amended in 1978, essentially
prohibits discrimination against disabled persons in all programs, services
and activities provided by Federal Financial Assistance or by a Federal
Agency. In essence, the law requires that programs and facilities be, to the
Page 4
03/95
highest degree feasible. readily accessible to and usable by all persons who
have a disability, including mobility, visual, hearing, or mental impairments.
U.S. Department of the Interior regulations for Federally Assisted Programs
were published on July 7, 1982 and regulations for Federally Conducted
Programs were published on March 4, 1987. Primary elements of the two
sets of regulations include the following:
An agency, directly or indirectly, may not:
-- deny a disabled person the opportunity to participate in, or
benefit from, a service solely on the basis of their disability;
- offer disabled persons an opportunity to participate that is not
eoual to that afforded others;
- provide a service for disabled persons that is not as effective
as that provided others;
- provide separate aids or services, unless it is necessary in
order to provide an equal opportunity;
provide significant aid or assistance to any agency that
discriminates on the basis of disability;
-- deny a disabled person the opportunity to participate as a
member of a Planning or Advisory Board.
Each agency shall operate each program or activity so that ... when
viewed in its entirety, it is readily accessible to and usable by
disabled persons.
Each agency or unit is required to conduct, with the assistance of
interested persons (including disabled persons), a self-evaluation of
its policies, facilities. programs and services to determine :he extent
to which they meet the intent of the regulations.
The agency shall maintain the self-evaluation on file for public
inspection, including the list of interested persons consulted, a
description of areas examined, and modifications made or planned.
In choosing among available methods for compliance, the agency
shall give priority to those methods that offer programs and
opportunities in the most integrated setting possible.
The agency shall provide program access within 60 days of the
effective date of the regulations, except in cases where §1IN-CULI
Page 5
03/95
modifications are needed. In those cases, changes shall be made
as expeditiously as possible but not longer than three years.
In the event of structural changes, each unit shall develop a
transition plan identifying barriers, describing methods to eliminate
the barriers, specifying the schedule for completion, indicating the
official responsible, and identifying the persons or groups consulted.
The agency shall take appropriate steps to ensure effective
communications with all members of the public, including disabled
persons, regarding its action to comply.wiih these regulations.
The department has established procedures for receiving and
investigating complaints alleging violations of the regulations and
monitoring implementation of corrective actions.
A copy of the Uniform Federal Accessibility Standards has previously been
forwarded to your agency. Should you need an additional copy, contact our
office.
While not specifically addressing LWCF grants, the Americans with
Disabilities Act passed in 1990, also bars discrimination against individuals
experiencing handicaps. Appendix II provides a fact sheet on this very
important Act.
4. Faual Opportunity. Because you agreed to accept federal funds to help
acquire or build your outdoor recreation projects, you agreed to provide all
citizens of the state and the U.S. equal opportunity to use your facility.
Therefore, you as a LWCF recipient, must post the following statement in
each facility:
This project received Federal Funds from the National Park
Service. Regulations of the U.S. Department of the Interior
strictly prohibit unlawful discrimination in departmental
federally assisted programs on the basis of race, color,
national origin, age or handicap. Any person who believes
that he or she has been discriminated against in any program
activity, or facility operated by a recipient of Federal
assistance, should write to:
Director, Equal Opportunity Program
U.S. Department of the Interior
National Park Service
P.O. Box 37127
Washington, D.C. 20013-7127
03/95
Page 6
A sample poster is included as Appendix III for your information. You may design
your own poster utilizing the above language, or copies of the poster demonstrated
as Appendix III may be obtained from Alaska Division of Parks and Outdoor
Recreation, Grants Section, 3601 "C" Street, Suite 1200, Anchorage, AK 99503-
5921 (907)762-2609.
C. Property acquired or developed with Land and Water Conservation Fund
assistance must be used as outdoor recreation areas. Depending on the area, this
use may be restricted.
Project sponsors may impose reasonable 'imits on the type and extent of use of
areas and facilities acquired or developed with Fund assistance when such a
limitation is necessary for maintenance or preservation. Thus, limitations may be
imposed on the numbers of persons using an area or facility or the type of users,
such as "hunters only" or "hikers only". All limitations shall be in accord with the
applicable grant agreement and amendments.
D. It is required that a sign which acknowledges LWCF assistance be displayed on-
site throughout the life of the project. A sample sign is included as Appendix IV
for your information. You may use a sign of your own design. For your
convenience, signs such as demonstrated in Appendix IV may be obtained, at a
cost, from Warning Signs of Alaska, 591 W 67th Avenue, Anchorage, AK
(907)562-2124.
On October 1, 1988, President Reagan signed into law the Department of Defense
Appropriations Act. Section 8136 of this law, which has govemment-wide
application, provides:
When issuing statements, press releases, requests for proposals, bid
solicitations, and other documents describing projects or programs
funded in whole or in part with Federal money, all grantees receiving
Federal funds, including but not limited to state and local
governments shall clearly state (1) the percentage of the total cost
of the program or project which will be financed with Federal money,
and (2) the dollar amount of Federal funds for the project or
program.
03195 Page 7
S E or aL S Ka
DEPARTMENT OF NATURAL RESOURCES
DIVISION OF PARKS AND OUTDOOR RECREATION
August 29, 1991
Re: 02-00348 Salonie Creek Rifle Range
Land and Water Conservation Fund Grant Project
Jerome M. Selby
Borough Manager
Kodiak Island Borough
710 Mill Bay Road
Kodiak, AK. 99615
Dear Mr. Selby:
WALTER J. NICKEL, GOVERNOR
3601 C STREET, SUITE 1200
ANCHORAGE, ALASKA 99503
PHONE: (907) 762-2600
MAILING ADDRESS:
P.O. BOX 107001
ANCHORAGE, ALASKA 99510-7001
CEIVIC
503 91
!.AK ISLAND BOROU'
MAYOR'S OFFICE
Please find enclosed for your files a fully executed copy of the
State/Local Agreement for the Salonie Creek Rifle Range, Land and
Water Conservation Fund (LWCF) grant project.
Also enclosed are required billing forms. Interim billings may be
submitted monthly. Summary of Documentation forms (#10-574) should
be completed to reflect individual expenditures incurred during the
specific billing period. The Outlay report form (#10-573) should
be completed to include all expenditures incurred since the time of
project approval to date. Please note that a brief progress report
and certifying signature should accompany each billing request.
It is the Borough's responsibility to retain all back-up
documentation which may be required to satisfy an audit of this
project. Invoices, redeemed checks, etc. should not be submitted
to the Division of Parks and Outdoor Recreation with billing
requests.
Also, we request that you supply us with a projected payment
request schedule. Simply complete Part D of the enclosed Project
Summary Format form, sign it and return it to this office.
Compilation of this information for all active grants under the
LWCF grant program allows us to project funding requests on a
quarterly basis to insure compliance with targets established for
us by the National Park Service. It also enables us to monitor
individual project progress.
If you have any questions regarding any aspect of your LWCF grant,
feel free to contact us at the above address or phone 762-2608.
Sincerely,
i!
Jie L. Price
ternate State Liaison Officer
enclosures
OUTLAY REPORT AND BEN
E UESOBFRORR s REIMBURSE-
MENT FOR CONSTRUCT
(sae katraefk an beck)
a
�« StaL, Of Alaska -Division Of Parka
LDCF Grant Program.
,�nwr'r : P.O. Boz 107001
F,L --d ADdhorage. AE 99510-7001
6TA7
tL PRD
CLASSIFICATION (a) Direct
...AmhdW.thn mm.nW $
A nGonllMry"PW
a Land. Wudur rlehte' nW
L A dAudura WdMades bWc bas
a. WW'M ltectuW w4mewlnS feae
f. now WW -0- 1e W.
h. Relacedw "W"
L Ram.atbn WFnuWta to lnOIP"Is end
bwlM.eaa
I. Dam.IMlon and Iam.Yal
k. COIl am nan and poled eapowM'a
Gorr
L EpdOawT
nL mh'amneous War
A. W 1OW1Nlua b Ms
data (Wee of s
.
0. Deductaa. for INGWO n tateam
V. flat oamNathv to data (LIM n 1111111100111a
dsa4 N.. BU-ROVII
TLP[ M WWW
C1 -am
m ram
ffa. apo rAl
PAM
PAIwbra aLnal.'aa M w
rr r
buyeti. dents (100% r0k •
Fedoud .Mn (.um of tt . Y
OW
0"110ta PWWU* MWnt
napmdW for reMablaenRant
f
Me at Owel.al WmpbU.n ot
%ERTIFICATIONy
9�rd.2
that to 00 land of nn hnuwbdse
the broad cods ar dlsbunr,
.. RECIPIENTdlef
era 1, =,donGo with the tam e
p•la.t aM that the Mmbumm.N.
,ft the Fad.M share due whichnot
bean pa.IWsy raqueated andW
Impolon has bw portoneed
b.
G'Gntta MMdl
work N In acWrdanGo wIM iM
�R.
I1V.
of the rd.d.
PROGRESS REPORTs
I I r"0La
Ips W atatnar
Caaa, ❑ ACCRUAL
s
TOTAL
f
PARTICIPATION CERTIFICATION: I certify that to the best of my knowledge and belief
the billed costs of d,sbursements are in accordance with the teims of the project
and that the reimbursement represents the federal share due which has not been
previously has been
accordance with terms ofathengrant. Phot graphs ofrformed he project a e attached. ll work is
BIGNATORE
DATE TITLE
LAND AND WATER CONSERVATION FUND - PROJECT SUMMARY
GRANT PAYMENT REQUEST PROJECTION
PART A (Complete all blanks)
1. Current Date
2. LWCF Project Number _
3. Grantee Name
4. Total Eligible Amount
5. LWCF Grant Amount
6. Estimated Completion Date
PART B (Check one)
1. Initial Payment Schedule
2. Schedule revision, no payments have
been received on the grant
3. Schedule revision, payments have
been received on this grant
_
......................................................
PART C (Fill in 0 Box 3, Part B is checked)
Total comulat've LWCF payments received to date
on this grant $
PART D PROJECTED PAYMENT REQUEST SCHEDULE FOR LWCF PAYMENTS
1.
1st Q FFY'91
10/01/90 to 12/31/90
$
to 12/31/90 1
2.
2nd Q FFY'91
01/01/91 to 03/31/91
$
to 03/31/91
3.
3rd Q FFY'91
04/01/91 to 06/30/91
$
to 06/30/91
4.
4th Q FFY'91
07/01/91 to 09/30/91
$
to 09/30/91
5.
1st Q FFY'92
10/01/91 to 12/31/91
$
to 12131/91
6.
2nd Q FFY'92
01/01/92 to 03/31/92
$
to 03/31/92
7.
3rd Q FFY 92
04/01/92 to 06/30/92
$
to 06/30/92
8.
4th Q FFY'92
07/01/92 to 09/30/92
$
to 09/30/92
9.
1st Q FFY'93
10/01/92 to 12/31/92
$
to 12131/92
10.
2nd Q FFY'93
01/01/93 to 03/31/93
$
to 03/31/93
11.
3rd Q FFY'93
04/01/93 to 06/30/93
$
to 06/30/93
12.
4th Q FFY'93
07/01/93 to 09/30/93
$
to 09/30/93
13.
Beyond FFY'93 Total Beyond FFY'93
$
After 09/30/93
Prepared By: Date:
10-574
4/25/73
No.
.1$ing No.
SUMMARY OF DOCUMENTATION
IN SUPPORT OF AMOUNT CLAIMED
FROM THE LAND & WATER CONSERVATION FUND
FOR ELIGIBLE PROJECT COSTS
Project :Jame
Period covered: From to
' S NAkME
the tvD
STAT ALASKA
BY: w
S e raison Officer for Purposes
of the Land and Water Conservation
Fund Act of 1965
RECIPIENT
(CITY)OROUGH) (OTHER.)
CU.-
BY:
TITLE: C^^�
ATTEST
BY:e�—�;--
Borough Clerk
10-569
1/20/82
AGREEMENT
THIS AGREEMENT, made and entered into this day of ,
19�, by and between the STATE OF ALASKA Ey through a State
Liaison Officer for purposes of the Land and Water Conservation Fund Act of
1965, hereinafter called "State", and the • Kodiak Island Boro h a
political subdivision O e tate of lasiEa,
WITNESSETH:
WHEREAS, Recipient proposes to undertake the following outdoor rec-
reation project during the period from May 21, 1991until December 31, 1994:
Salonie Creek Rifle Range (project #02-00346)
hereinafter called the "project", and, to that end, proposes to perform the
work as set out on the Project Proposal attached hereto; marked "Exhibit A"
and by this reference made a part hereof; and
WHEREAS, federal matching funds for acquisition and development of
outdoor recreation areas are available under the Land and Water Conservation
Fund Act of 1965, Public Law 88-578 (78 Stat. 897) (1964),, as administered
by the National Park Service, U.S. Department of the Interior; and
WHEREAS, it is the intent of the parties hereto that the Recipient per-
form the development work set out in Exhibit A and any amendments thereto
in accordance with the Land and Water Conservation Fund Act of 1965, any
other applicable federal and state statutes, and the requirements of the
National Park Service, and that State apply to the National Park Service for
funds with which to reimburse Recipient for not more than 50% of its cost in
performing such work;
NOW, THEREFORE, the premises being in general as stated in the fore-
going recitals, it is agreed by and between the parties hereto as follows:
1. Recipient shall perform the work of the project in accordance with
Exhibit A and amendments thereto.
2. The estimated total cost of the project is $ 637.818-00
The non-federal share of the total cost is $ 517 818.00 o which
$ -0- will be provided by the State of Alaska, ivision of Parks.
Recipient sill, in the first instance, pay all costs of the project. Upon
completion of the project, Recipient shall submit to State an itemized statement
of the actual total cost of the project.
3. Upon receipt from Recipient of the itemized statement of the actual
total cost of the project and completion of the project by Recipient in accor-
dance with the terms of this agreement, State shall apply to the National Park
Service for one-half the estimated total cost of the project or one-half the
actual total cost of the project, whichever is the lesser, and, upon receipt
thereof from the National Park Service, shall pay such amount to Recipient,
less a sum not to exceed Io % of the total project cost for administrative
costs. It is understood by tFe parties hereto that where the actual total cost
of the project exceeds the estimated total cost of the project, State shall not
be obligated to apply to the National Park Service for, or to pay to Recipi-
ent, any amount in excess of one-half such estimated total cost, and that
Recipient shall be solely responsible for any excess of the actual total cost
over the estimated total cost. State may, where acceptable to the National
Park Service apply for federal funds prior to completion of the project and
pay such amount from federal funds to Recipient for completion of such por-
tions of the project as may be agreed upon by Recipient, State and National
Park Service.
4. The Recipient warrants that it has sufficient financial resources to
enable it to develop, operate and maintain the facility for public recreation,
that the Recipient will manage and operate the facility for use by the public
and will do so exclusively for park and recreational purposes; and that the
Recipient will not sell, assign, or in any other manner whatsoever dispose or
transfer any interest in the facility or control over the facility except after
prior written consent of the State Division of Parks and the National Park
Service. For purposes of this section, "facility" shall mean all real and
personal property acquired directly or indirectly under this agreement.
5. Unless previously indicated in paragraph 2 of this agreement, it is
understood by the parties hereto that no funds of State are, under this
agreement, committed to payment of any costs of the project, and that obliga-
tions imposed upon the State to apply for federal funds as well as the right
of the Recipient to receive any reimbursement for any costs of the project
shall extend only to those portions of the project, inchiding the estimated
costs thereof, approved by the National Park Service. Furthermore, if Reci-
pient fails to perform any of the work of the project and such failure, be-
cause of commitments made by State to the National Park Service, forces State
to perform any work necessary to bring the project to a useful stage of
completion (as determined by State and the National Park Service), Recipient
shall reimburse State for all State's costs in performing such necessary com-
pletion work, less any federal funds received by State for such work.
6. Recipient hereby agrees at all times to comply with the LAND AND
WATER CONSERVATION FUND PROJECT AGREEMENT - General Provisions,
attached hereto, marked "Exhibit B" and by this reference, made a part hereof.
7. Reference to $10,000.00 in Part III D 1 and 3 of the General Pro-
visions (attached hereto) applies, unless the Recipient is governed by bidding
procedures which specify a lesser a�►ount, in which case the Recipient's
applicable bidding procedures shall be followed.
8. The provisions of the main body of this agreement and Exhibit B
shall prevail, in case of conflict, over the provisions of Exhibit A.
9. Recipient shall execute this agreement during a duly authorized
session of its general legislative body.
DATED this 1,1L day of �, 19 at 1C
Alaska.
o
GROUND ` ORIGINAL
this As authorized by Resol
lease is made and utioz; No, 92-26 of t
KODIAK ISLAND BO executed on (,[ 6 he Kodiak Isla
Alaska, ROUGH (KIB), amunici T l� Island Borough,
99615, and KODI Pal corporation, 1994' by and between
corporation organized AK ISLAND SPORTSMEN,S 710 Mill Ba
Box 1098, and exi stir ASSOCIATION Y Road, Kodiak,
Kodiak, Alaska, g under the laws of the (KISA), a non-profit
99615. State
of Alaska, P.O.
i.
PREAMBLEms
KIB and KISA desire
to Professionally operated and financially work together
benefit of the citizenscooperatively
of the self-sufficient shoot. to develop a
goal, KIB has purchased the Kodiak Island Borough. g range
(which In furtherancfor the
KIB will also move ontot the
as described
the Improvements below and three of
this
provements to the access roadremiaes) and culvert (which buildings
II ) KISA has used in
DEMISE DESCRIPTION
AND USE OF PREMISES
conducting the business leases to KISA and KIS
premises,Of a
situated i insthe Kodiak Shooting range the surface IB, for the Purpose
described as Islandestate of those certain
follows: - Borough, Alaska,
and more particularly
Lot 9, -U.S. Survey 2539, according to plat of
resurvey and subdivision thereof, accepted Jul,
in the dependent
Kodiak Recording District, 13,
District, State Third 1982
subsurface e, Alaska, exceptin Judicial
estate, and all 9 therefrom the
immunities and appurtenance rights,
accruings, of Privileges,
unto said estate whatsoever nature,
Claims Settlement Pursuant to the Alaska Native
688, 799. Act of to
18, 1971
43 USC 1601, 1613(f) (1976 (85 Stat.
o patent to Koniag, Inc., recorded Januar as conveyed
Book 78 at Page, 43; and
Y 10, 1986 in
SUBJECT TO the right's of Leisnoi, Inc. to
and extract the cultural
includin to resourcesinvestigate
g ruins, archeo and artifacts
prehistoric monuments and structures sites, historic and
antiquity, historic structures, objects
historic and scientific ndmarks, and other °f
shall beinterest objects of
all to do so for °n the Property
receiving written a Period of one and
to develop notice from the Grantee of year after
Other the from
by construction of a its intent
activity which building or
resources and artifacts might disturb the
on the Property;cultural
FURTHER SUBJECT TO and,
Pate reservations and e
patent and/or Acts authorizing the is and,
easements in U.S.
Of record. suance thereof; and I
0
As used herein, the term "premises" refers to the surface estate of this real
property and to any improvements located on it from time to time during the term
of this lease. KISA acknowledges that KIB has no ownership or other interest in
the subsurface estate of the premises.
KISA's use of the premises shall be limited initially to the purpose of
developing and operating a shooting range and for no other purpose. KIB
understands that KISA may desire to use the premises for the purposes of selling
ammunition, reloading of ammunition, meetings, and gunsmithing. However, before
using the premises for those purposes or any other purposes, KISA must obtain the
express written consent from KIB. KIB agrees not to unreasonably withhold its
consent provided: the goal of this lease as described in the preamble is promoted
by the additional uses.
III, TERM
The initial term of this lease shall be for five (5) years,
q/ V 1994, and ending on Al%�ir57 /O 1999. As
commencing on 4y
used herein the expression "ter" refers to such initial term and to any
m hereof
renewal of it as provided in this lease.
IV. RENT
Subject to adjustment as provided below,the rent
for the
eterm
the
Of
on
this lease shall be TEN DOLLARS ($10.00) per year, payable
first day of each year plus the value of KISA's in-kind contributions .
The annual rent due shall be reviewed and adjusted by the KIB mayor
at the end of the first five-year term and at the end of every five-year term
thereafter. Any changes or adjustments shall be based upon changes in the
appravalue of
he land and
et
landfilldand1otherktimprovements
improvements placed upon the land by KISA as well as the value
of KISA's in-kind contributions.
If the lease is terminated because of any breSA ch b KISbe A,
as it vided
in this lease, the rental payment last made by
retained by KIB as partial or total damages for the breach.
V LWCF GRANT
This lease is subject to all terms and conditions of the Land and
Water Conservation Fund Grant ("LWCF") obtained by KIB for the purchase and
operation of the premises. KISA shall comply with all terms of the LWCF Grant,
including the post -completion responsibilities attached as Appendix A to this
rality of the foregoing sentence, KISA shall
lease. Without limiting the gene
comply with the following grant requirements:
A. The project site must be operated and maintained in a manner
which encourages public participation.
B. Staffing and servicing must be such as to serve the public and
maintain a clean, safe environment for recreation.
GROUND LEASE - 2
C. sanitation and sanitary facilities
KISA with good housekeeping and a shall be
h this requirement, PPlicable health maintained in
needed basis the KIB assumes standards. To assist
restroom holding tanks responsibility for ping out o
Pumping
n an as
D. Properties,
safe for public use. facilities and equipment shall be kept reasonably
E• Al facilities
reasonable repair ,throw and other
deterioration and ghout improvements shall be
to encourage public Use. lifetime lifetime to prevent ept in
undue
hoF. The facility shall be kept open for public use at reasonable
urs and times. Restrooms shall be unlocked during normal hours of use.
G. The premises
regardless of race,. shall be open to entry
eligible. color, national origin, religion or sex, nd use by all
Persons,
who are otherwise
H. Discrimination
preferential reservation, mamba °n the basis � of
systems reside g
Fees charged to
membership or annual residence, including
non-residents cannot exceed ,
twice that as Prohibited.
charged to residents.
I• The premises must be accessible to and useable b
Who have a disability, including mobility, visual, hearing us mental impairments
to the highest degree feasible. Y all persons
concern. To as
the The Parties understand ,
reasonable restrictions on when he facoilitf the shoo ti that safety is a
g range primary
mental impairments, y may be used b g KISA may place
handicappedKIB is expressly responsible y those with visual or
accessible restroom facilities. for the
construction of
J. The premises may not be converted to other than
recreational uses.
public outdoor
KIB expressly acknowledges that
maintenance of all signit will be responsible for installation and
s it to assure compliance with the LWCF
expressly acknowledges that it will be responsible
maintenance of all range markers and grant. KZSA
general firearm safe Oz installation and
VI. -USES PRCBIB� tY signs.
KISA shall not use, permit the premises,
to be used, for any purpose other than the
premises are or any Part of the premises,
which the leased. If the premises are devoted d to aPurpose r Purposes
Y are P for which the
automatically leased without consent use other
than t
y terminates. KISA s °f the KIB Assembly
that for
state, borough, munici al, hall also comply with and abide b� this lease
regulations affecting P and other governmental statutes, y all federal,
r u in the g the Premises, the improvements or an ordinances, laws, and
needed for the Operatic
KIB agrees to acquire the necessary Y activity
operation of the shootin y °r condition
Alaska Department g range, y environmental permits
Of Fish and Game g such as Corps of Engineers 4ineers and
GROUND LEASE = 3
0 •
VII. WASTE AND NUISANCE PROHIBITED
During the term of this lease, KISA shall comply with all applicable
laws affecting the premises, the breach of which might result in any penalty on
KIB or forfeiture of KIB's title to the premises. KISA shall not commit, or
suffer to committed, any waste on the premises, or any nuisance.
VIII, ABANDONMENT OF PREMISES
KISA shall not vacate or abandon the premises at any time during the
term hereof; if, KISA shall abandon, vacate or surrender the premises, or be
dispossessed by process of law, or otherwise, any personal property belonging to
KISA and left on the premises shall be deemed to be abandoned, at the option of
KIB.
IX. KIB'S RIGHT OF ENTRY
KISA shall permit KIB and the agents and employees of KIB to enter
into and upon the demised premises at all reasonable times for the purpose of
inspecting the same, without any rebate of rent and without any liability to KISA
for any loss of occupation or quiet enjoyment of the premises thereby occasioned.
X. USE OF MATERIAL
KISA shall not sell or remove for use off the premises any timber,
stone, gravel, peat moss, topsoil, or any other material valuable for building
or other commercial purposes, provided, however, that material may be used only
to the extent that KIB could use, if required, for the development of the
leasehold. Any removal of such material from the leasehold shall require written
approval from the KIB mayor and, for instances involving a commercial quantity,
the market value shall be paid to the KIB or to the owner of the subsurface
rights, as the case may be.
XI. SUBLETTING AND ASSIGNMENT
KISA shall not sublet or assign or transfer this lease, or any
interest in it, without the prior written consent of the KIB Assembly, and a
consent to an assignment or sublease shall not be deemed to be a consent to any
subsequent assignment or sublease. Any such assignment or sublease without such
consent shall be void, and shall, at the option of KIB, terminate this lease.
Neither this lease nor the leasehold estate of KISA nor any interest of KISA
hereunder in the premises or any building or improvements on the premises shall
be subject to involuntary assignment, transfer, or sale, or to assignment,
transfer, or sale by operation of law in any manner whatsoever, and any such
attempted involuntary assignment, transfer, or sale shall be void and of no
effect and shall, at the option of KIB, terminate this lease.
XII. NOTICES
All notices, demands, or other writings in this lease provided to be
given or made or sent, or which may be given or made or sent, by either party
hereto to the other, shall be deemed to have been fully given or made or sent
GROUND LEASE - 4
•
when made in writing and deposited in the
Postage prepaid, and addressed as follows;
TO KIB: Kodiak Island Borough
Attention: Mayor
710 Mill Bay Road
Kodiak, AK 99615
0
Unites States mail, registered and
TO KISA: Kodiak
Island
Sportsmen 's Association
AttePresident
P.O. Box 1098
Kodiak, AK 99615
XIII. SAXES
AND ASSESSMENTS
(a) KISA's Tax S
from Borough prop erty tax tatus,
Borough Code. t to The parties ac
Pursuanknowledge that KISA is exempt
Section 3 20.080 of the Kodiakand
Island
KISA shall (b) Taxes as Additional
Pay and dis Rental.As
all taxes, assessments harateagG s they become due , prom additional rental hereunder
or excises, whether charges, license p lY and before delinquency'
name, general or fees, municipal liens, ,
nature and kind special, or ordinar levies,
whatsoever whatsoever, includin Y or extraordinary,
name, nature, or kind, g all governmental Y, of every
imposed, or which may become a which charges of
Part lenmay be levied, charges
r
ainst the
estate hereby
the sleaws h=1d' of
S herein,Or c 4rge on or aany building erlsbuildi any
anyor other improveme
ted
the entire Y c eater hip of t subject ofetaxation, r against lKISA's
by reason of its o which may be a n• or on o 4s,
on
excepted term hereof, excepting Oe estate underlyingrthisorlease,against KIB
Y those taxes hereinafter during
specifically
the validity(c) Contestin Taxes.
or amount of an If KISA shall in good faith desire to contest
herein agreed to bevy
y tax' assessment,
Payment of paid by KISA, KISA shall bee I or other government.,
such tax or charge, Permitted charge
contesting, until final dere g the validity or to do so, and to
notice determination of �Ount of whichdefer
thereof prior to t the contest, KISA i so
least thirty (30 days he CO�encement of an °n giving to KIB
Y prior to delin y such contest, which shallbequency,
rates, (d) Dis osition of Rebates.
levies, charQe$, or assessments 1B All rebates on account of such taxes,
the provisions hereof shall belong required to be
execute any
receipts g to KISA, and KIB will, d and paid by KISA under
in the pts' assignments, or other acquittancesoth the
r
premises in order to secure the recover 4uest of KISA,
over to KISA any such rebates that may y be necessary
y of any such rebates, and will pay
Y be received by KIB,
(e) Rxessiots ',
KISA shall obtain and deliver receipts or duplicate
Paid by KISA, promptly
receipts for all taxeassessments, and other
on payment thereof.
items required hereunder to be
GROUND LEASE - 5
•
11
XIV. CONSTRUCTION OF BUILDINGS AND OTHER IMPROVEMENTS
Prior to constructing, altering, improving, changing or placing any
buildings or improvements on the premises, KISA shall, at KISA's sole expense,
ecifications describing the proposed work. Such plans and
prepare plans and sp
to KIB for KIB's written approval or any
specifications shall be submitted
ll not unreasonably withhold such approval.
revisions required by KIB. KIB she
In the document approving the plans and specifications, KIB shall specify the
time within which work is to commence and the time within which the work is to
be completed. In the event KIB does not approve the plans and specifications KIB
shall give to KISA an itemized statement of reasons. Poexample purposes
a f the
not
paragraph the term "buildings and improvements" includes, Y
limitation, buildings to be moved to or erected on the premises which
shall
provide for and support a shooting range, range improvements, public
and access for handicapped shooters.
Xv. REPAIRS OF IMPROVEMENTS
(a) KISA acknowledges that it will have the possession of the
premises and will be in the best position to assure that the premises and
improvements are well maintained. Therefore, KISA shall, throughout the terms
of this lease, keep and maintain the premises, including all buildings and
improvements of every kind which may be on the premises, and all appurtenances
to those buildings and improvements, including adjacent sidewalks, in good,
sanitary, and neat order, condition and repair, and, except as specifically
estore and rehabilitate any improvements of any kind which may
provided herein, r
be destroyed or damaged by fire, casualty, or any other cause whatsoever except
damage caused by KIB's agents while exercising KIB's right of entry (Paragraph
IX, above) and right of way (Paragraph XIX, below). While KISA is a non-profit,
volunteer organization it is expected to use the premises in such a manner to
generate adequate revenue to provide funds for routine maintenance.
(b) KIB shall not be obligated to make any repairs, replacements,
or renewals of any kind, nature, or description, whatsoever to the premises or
any buildings or improvements on the premises, except damage
c used y KIBghtof
agents while exercising KIB's right of entry (Paragraph IX,
way (Paragraph XXVIII, below).
XVI, UTILITIES
KISA shall fully and promptly pay for all water, gas, heat, light,
power, telephone service, and other public utilities of every kind furnished to
the premisesthroughout the term of this lease, and all other costs and expenses
of every kind whatsoever of or in connection with the use, operation, and
maintenance of the premises and all activities conducted thereon, and KIB shall
have no responsibility of any kind for any of these costs or expenses.
XVII, LIENS
KISA shall keep all and every part of the premises and all buildings
and other improvements at any time located on the premises free and clear of any
and all mechanics', materialmen's, and other liens for or arising out of or in
GROUND LEASE - 6
n
�J
connection with:
(a) work or labor done, services performed, or materials or
appliances used or furnished for or in connection with any
operations of KISA; or
(b) any alteration, improvement, or repairs or additions
Which KISA may make or permit or cause to be made, or any work or
construction, by, for, or permitted by KISA on or about the
premises; or
(c) any obligations of any kind incurred by KISA.
KISA shall, at all times, promptly and fully pay and discharge any and all claims
on which any a lien may or could be based, and to indemnify KIB and all of the
Premises and all buildings and improvements on the premises against all such
liens and claims of liens and suits or other proceedings.
XVIII. INDEMNIFICATION OF KIB
KIB shall not be liable for any loss, injury, death, or damage to
persons or property which at any time may be suffered or sustained by KISA or by
any person whosoever may at any time be using or occupying or visiting the
demised premises or be in, on, or about the same, whether such loss, injury,
death, or damage shall be caused by or in any way result from or arise out of any
act, omission, or negligence of KISA or of any occupant, subtenant, visitor, or
user of any portion of the premises, or shall result from or be caused by any
other matter or thing whether of the same kind as or of a different kind than the
matters or things above set forth, and KISA shall defend and indemnify KIB
against all claims, liability, loss, or damage whatsoever on account of any such
loss, injury, death, or damage except loss, injury, death or damage caused by
KIB's agents while exercising KIB's right of entry (Paragraph IX, above) and
right of way (paragraph XIX, below). KISA hereby waives all claims against KIB
for damages to the building and improvements that are now on or hereafter placed
or built on the premises and to the property of KISA in, on, or about the
premises, and for injuries to persons or property in or about the premises, from
any cause arising at any time except loss, injury, death or damage caused by
KIB's agents while exercising KIB's right of entry (Paragraph IX, above) and
right of way (Paragraph XIX, below).
XIX. ATTORNEYS,
I£ any action at law or in equity shall be brought for or on account
of any breach of, or to enforce or interpret any of the covenants, terms, or
conditions of this lease, or for the recovery of the possession of the demised
premises, the prevailing party shall be entitled to recover from the other party
as part of the prevailing party's costs a reasonable attorneys' fee, the amount
Of which shall be fixed by the court and shall be made a part of any judgment or
decree rendered.
XX. REDELIVERY OF PREMISES
KISA shall pay all sums required to be paid by KISA hereunder in the
amounts, at the times, and in the manner provided in this lease, and shall keep
GROUND LEASE - 7
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and perform all the terms and conditions of this lease on its part to be kept and
performed, and, at the expiration or sooner termination of this lease, peaceably
and quietly quit and surrender to KIB the premises in good order and condition
subject to the other provisions of this lease. In the event of the non-
performance by KISA of any of the covenants of KISA undertaken herein, this lease.
may be terminated as herein provided.
XXI. REMEDIES CUMULATIVE
All remedies hereinbefore and hereafter conferred on KIB shall be
deemed cumulative and no one exclusive of the other, or of any other remedy
conferred by law.
XXII. INSURANCE
(a) Insurance Coverage of Premises. KISA shall, at all times
during the term of this lease and at KISA's sole expense, keep all improvements
which are now or hereafter a part of the premises insured against loss or damage
by fire and extended coverage hazards for one hundred per cent (100%) of the full
replacement value of such improvements, with loss payable to KIB and KISA as
their interests may appear. Any loss adjustment shall require the written
consent of both KIB and KISA.
(b) General Liability Insurance. KISA shall maintain in effect
throughout the term of this lease liability insurance covering the premises and
its appurtenances in the amount of One Million Dollars ($1,000,000.00) for injury
to of death of any person or persons in one occurrence, and property damage
liability insurance in the amount of One Million Dollars ($1,000,000.00). Such
insurance shall specifically insure KISA against all liability assumed by it
hereunder, as well as liability imposed by law, and shall insure both KIB and
KISA but shall be so endorsed as to create the same liability on the part of the
insurer as though separate policies had been written for KIB and KISA.
(c) Cost of Insurance Deemed Additional Rental. The cost of
insurance required to be carried by KISA in this section shall be deemed to be
additional rental hereunder.
XXIII. PROHIBITION OF INVOLUNTARY ASSIGNMENT; EFFECT OF
BANKRUPTCY OR INSOLVENCY
(a) Prohibition of Involuntary Assignment. Neither this lease nor
the leasehold estate of KISA nor any interest of KISA hereunder in the premises
or in the buildings or improvements on the premises shall be subject to
involuntary assignment, transfer, or sale, or to assignment, transfer, or sale
by operation of law in any manner whatsoever (except through statutory merger or
consolidation, or devise) and any such attempt at involuntary assignment,
transfer, or sale shall be void and of no effect.
(b) Effect of Bankruptcy. Without limiting the generality of the
provisions of the preceding sub -paragraph (a) of this paragraph, KISA agrees that
in the event any proceedings under the Bankruptcy Act or any amendment thereto
be commenced by or against KISA, and, if against KISA, such proceedings shall not
GROUND LEASE - 8
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be dismissed before either an adjudication in bankruptcy or the confirmation of
a composition, arrangement, or plan or reorganization, or in the event
adjudged insolvent or makes an assignment for the benefit of
if a receiver is a KISA is
with authority to take
in any proceeding or action to which KISA ists la pa or
conducted thereon b Possession or control of the Party,
y KISA, and such receiver is not Premises or the business
Of thirty (30) days after his a discharged within a
assignment prohibited b appointment, any such event or period
Y the provisions of the any involuntary
this paragraph shall be deemed to constitute a breach ding sub -paragraph (a of
and
shall, at the election of KIB, but not otherwise,of this lease b )
other action of KIB terminate this lease and also all lrights of KISA under thithout notice or entry s
lease and in and to the premises and also all rights of an
claiming under KISA.
Y and all persons
=V. NOTICE OF DEFAULT
(a) MaiOr Defer The obligations and responsibilities of
as described in Paragraphs X, XXII and XxIII of this
importance to KIB. KISA
KISA shall be in default of lease are of major
if any of the events required by or its obligations under this
exercising prohibited by those lease
g its remedies as described in Paragraph Paragraphs. Prior to
KISA five (5) days' written notice KIB shall first give to
within that five (5) days. of the default. KISA must cure the default
with its remedies as described inlpa= does
raph Xxv re the default KIB May
Y proceed
(b) Default in pa
obligations under this ants. KISA shall be in default of
required b lease if it fails its
y this lease. Prior to exercising its
rent or any other moneys as
Paragraph XXV, KIB shall first 4 its remedies ri described in
the default. KISA must give to KISA thirty (30) days' written notice of
does cure the default within that thirty (30) days. If KISA
not cure the default KIB may proceed with its remedies as described in
Paragraph Xxv.
(°) OtherDefaults
any of its other obKISA shall not be deemed to be in default of
ligations under this lease unless KIB shall first
sixty (60) days' written notice of such default, and KISA
default within such sixty-day give to KISA
period. If KISA does not the fails to cure such
Of proceed with its remedies as described n cure the default KIB
Of such a nature that a cannot s in Paragraph XXv. If the default is
commence to cure the default within suchred within sixty (60) da
KIB in writing, during the original sixtyperiod of sixtyY$' KISA must
(60) day notice (60) days and provide
by which the default will be cured. If KISA does not cure the defaultperiod, with tby that
date KIB may proceed with its remedies as described in Paragraph XXv.
XXv• RIB'S REMEDIES UPON KISA'S DEFAULT
(a) Re-entr,, Subject to the notice requirements of Paragraph
in the event of any default or breach of this lease b
the other rights o 4 Ph XXiv,
g r remedies it may have, shall have t eim KIB, in addition to
entry and may remove all persons and he immediate right of re -
may be removed and stored in a Property from the premises; such
for the account of Public warehouse or elsewhere at the Property
KISA. Should KIB elect to re-enter, cost of, and
as herein provided, or
GROUND (EASE - 9
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should it take possession pursuant to legal proceedings or pursuant to any notice
provided for by law, KIB may either terminate this lease or it may from time to
time, without terminating this lease, re -let the premises or any part of the
premises for such term or terms (which may be for a term extending beyond the
term of this lease) and at such rental or rentals and on such other terms and
conditions as KIB in the sole discretion of KIB may deem advisable with the right
to make alterations and repairs to the premises.
(b) Richt to Perform. Alternatively, in the event of any default or
breach of this lease by KISA and KISA failure to cure as required by Paragraph
XXIV, then KIB may, but shall not be required to, do or perform or cause to be
done or performed such act or thing (entering on the premises for such purposes,
if KIB shall so elect), and KIB shall not be or be held liable or in any way
responsible for any loss, inconvenience, annoyance, or damage resulting to KISA
on account thereof, and KISA shall repay to KIB on demand the entire expense
thereof, including compensation to the agents and employees of KIB. Any act or
thing done by KIB pursuant to the provisions of this section shall not be or be
construed as a waiver of any such default by KISA, or as a waiver of any
covenant, term, or condition herein contained or the performance thereof, or of
any other right or remedy of KIB, under this lease, or otherwise.
(c) Interest. All amounts payable by KISA to KIB under any of the
provisions of this lease, if not paid when the same become due as in this lease
provided, shall bear interest from the date they become due until paid at the
rate of 10.5 percent per annum, compounded annually.
XXVI. SURRENDER OF LEASE
Upon termination of the lease, the KISA shall peaceably and quietly
leave, surrender, and yield up unto KIB all of the leased premises. The
voluntary or other surrender of this lease by KISA, or a mutual cancellation of
the lease, shall not work a merger, and shall, at the option of KIB, terminate
all or any existing subleases or subtenancies, or may, at the option of KIB,
operate as an assignment to it of any or all such subleases or subtenancies.
XXVII. DISPOSITION OF IMPROVEMENTS ON TERMINATION OF LEASE
(a) If the expiring leasehold is not to be re -offered for lease,
the following schedule shall apply:
1. Subject to Paragraph XXV (a), improvements owned by the
KISA shall, within ninety (90) calendar days after the termination of the lease,
be removed by KISA, provided such removal will not cause injury or damage to the
premises or improvements, and further provided that the KIB mayor may extend the
time for removing such improvements in cases where hardship is proven. All
periods of time granted KISA to remove improvements are subject to KISA's paying
to the KIB pro rata lease rentals for the period.
2. If any improvements or chattels not owned by KISA which
have an appraised value in excess of five thousand dollars, as determined by the
KIB assessor or appraiser, are not removed within the time, allowed, such
improvements or chattels shall, upon thirty (30) days' notice to KISA, be sold
GROUND LEASE - 10
9 •
at public sale under the direction of the KIB mayor. The proceeds of the sale
shall inure to the KISA if it placed the improvements or chattels on the
premises, after deducting for KIB's rents due and owing, expenses incurred in
making such sale and any other sums owed to KIB under this lease. If no
responsible bids are received, title to such improvements or chattels shall vest
in the KIB.
3. If any vementor chattels
Of five thousand dollars or less, sasodetermi ed by the KIBhaving assessor poraa sed value
are not removed within the time allowed, such improvements la
revert to, and absolute title shall vest in, the KIB. and chattesshall
(b) If the expiring leasehold is to be re -offered for lease or sale
within one year of the lease termination, and the improvements have been allowed
to remain in place, KIB shall state when re -offering the real property:
1• The estimated value of the authorized improvements
remaining on the land placed there by KISA;
2. That the purchaser or new tenant will be required, as a
condition of the sale or lease, to purchase the improvements from KISA for an
amount equal to the value specified.
XXVIII. RIGHT -of -WAY
KIB expressly reserves the right to reasonable ingress or egress over
and across the leased premises for the purposes of constructing, repairing,
maintaining, or replacing any utility or road right-of-way which KIB is
authorized to construct or maintain and to grant to itself reasonable easements
over and through the leased premises for these purposes. Annual rentals may be
adjusted to compensate KISA for loss of use of the leased premises. KIB agrees
to coordinate with KISA to minimize the disruption to KISA's use and enjoyment
of the premises. This includes co -locating any roads with the road utilized by
KISA. To prevent the disruption in any of KISA's scheduled events, KISA will
provide KIB with a schedule of events on quarterly basis. KIB agrees that it
will not make or allow the use to be made of any rights-of-way during a KISA
scheduled event, except in an emergency situation.
KIB reserves the right to grant easements or rights-of-way over and
across leased land if it is determined in the best interest of the KIB to do so
and by doing so the KIB and KISA remain in compliance with the requirements of
the LWCF grant. If KIB grants an easement or right-of-way across any of the
premises, KISA shall be entitled to damages for all KISA-owned improvements
destroyed or damaged. Damages shall be limited to improvements only, and loss
shall be determined by fair market value. Annual
rentals may be adjusted to compensate KISA for loss of use of the premises.
XXIX. WAIVER
The waiver by either party of, or the failure of either party to take
action with respect to any breach of any term, covenant, or condition herein
contained by the other party shall not be deemed to be a waiver of such term,
GROUND LEASE - 11
0 10
covenant, or condition, or subsequent breach of the same, or any other term,
covenant, or condition therein contained. The subsequent acceptance of rent
hereunder by KIB shall not be deemed to be a waiver of any preceding breach by
KISA or KIB of any term, covenant, or condition of this lease, other than the
failure of KISA to pay the particular rental so accepted, regardless of KIB's
knowledge of such preceding breach at the time of acceptance of such rent. The
subsequent payment of rent hereunder by KISA shall not be deemed to be a waiver
of any preceding breach by KIB of any term, covenant, or condition of this lease
regardless of KISA's knowledge of such preceding breach at the time of payment
of such rent.
XXX. PARTIES BOUND
The covenants and conditions herein contained shall, subject to the
provisions as to assignment, transfer, and subletting, apply td and bind the
successors, administrators, and assigns of all of the parties hereto; and all of
the parties hereto shall be jointly and severally liable hereunder.
XXXI. TIME OF THE ESSENCE
Time is of the essence of this lease, and of each and every covenant,
term, condition, and provision hereof.
XXXII. CAPTIONS
The captions of this lease are for convenience only and are not a
part of this lease and do not in any way limit or amplify the terms and
provisions of this lease.
XXXIII. CONDITION OF PREMISES
KISA acknowledges that it has inspected the premises and is fully
satisfied with the physical condition of such premises and any fixtures and
improvements located on the premises.
T.X.4IV. QUIET ENJOYMENT
_ If KISA is not in default under this lease, KISA may peacefully enjoy
the premises during the term of this lease.
XXXV. ENFORCEABILITY
If any part of this lease is deemed invalid or unenforceable, the
balance of this lease shall remain effective, absent the unenforceable provision.
XXXVI. AMENDMENT
No change in this lease shall be effective unless it is in writing
and signed by both KIB and KISA.
GROUND LEASE - 12
0 9
XXXVII. GOVERNING LAW
The laws of the State of Alaska shall govern the interpretation,
validity, performance and enforcement of this lease. Venue for any action under
this lease shall be in the Third Judicial District at Kodiak, Alaska.
IN WITNESS WHEREOF, the parties have executed this lease at Kodiak,
Alaska, on the day and year first above written.
KODIAK ISLAND BOROUGH
By:
J me Selby, Mayor
ATTEST: l�
� LJOh�1.
Donna Smith, Borough Clezk
KODIAK ISLANNDD �SPO jtg`SMEN'S ASSOCIATION
By:
Pre dent
GROUND LEASE - 13
0 0
STATE OF ALASKA )
)ss.
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on the / I t� of 1994, before me, the
undersigned, a Notary Public in and for the Statska, duly commissioned
and sworn, personally appeared JEROME SELBY, to me known and known to me to be
the identical individual described in and who executed the within and foregoing
instrument as Mayor of the Kodiak Island Borough and he acknowledged to me that
he signed the same in the name of and for and on behalf of said municipality,
freely and voluntarily and by authority of its Assembly for the uses a oses
therein mentioned. , s F
p tAOTARY
GIVEN UNDER MY HAND and official seal the day and year 14nPUBLIC
bovc—*rttt
Notary Public,for Alaska
My Commission Expires: 0610-71
STATE OF ALASKA )
)ss.
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on the Joj- of r -t 1 199'4, before me, the
undersigned, a Notary Public in and for the State Kf Alaska, duly commissioned
and sworn, personally appeared %-Qac/ OQ I N6�� _, to me known and known to
me to be the identical individual described in and who executed the within and
foregoing instrument as President of Kodiak Island Sportsmen's Association and
acknowledged to me that the same was signed in the name of and for and on behalf
of said corporation, freely and voluntarily and by authority of it
Directors for the uses and purposes therein mentioned. ,a P F. S
w
GIVEN UNDER MY HAND and official seal the day and year
4702\3170.005
GROUND LEASE - 14
Notary Public for Alaska
My Commission Expires: Q
PUBLIC
K -10 -Li—
Kodiak Island Borough
OFFICE of the MANAGER
710 Mill Bay Road
Phone 9p Kodtak, Alaska 99615
( 7) 486-9301 Fax
WMWMWB-meiL• l�vhiddon®tib 4, (_90$486-9374
August 6, 2001
Mark BC1enz. President
Kodiak Island Sportsmen's Association
P.O. Box logs
Kodiak, AK 99615
Dear Mr. Berenz:
I am writing in regard to the lease extension of our agreement for the o
S�onie Creek Rifle Range. I have attached for your review the amendment that includes the
Caretakers site and Aeration of the
confirmation of the Range boundaries.
The amendment also extends our original agreement for 5 years froJl
I
Please review the documents and let me know if
finalizing the lease at your eadiest convenience so You
have any questiom uns. I look forward
Sincerely yours, to
P,
call my office to set up a time to sign.
%* Cao,,`.
Pat Carlson, Borough Manager
Fite: C'Udu tease 2000AW.dot
V c'
Kodiak Island Borough
OFFICE of the MANAGER
710 Mill Bay Road
Kodiak, Alaska 99615
Phone (907) 486-9301 Fax (907) 486-9374
F-mail: Iwhiddun(<,-kib.co.kodiak.nk.us
July 28, 2001
LEASE AMMENDMENT AND EXTENSION
This document amends the lease authorized by KIB Resolution No. 92-26 made and
executed on August 11, 1994 by and between Kodiak Island Borough (KIB) and Kodiak Island
Sportsmen's Association (KISA). This document extends the existing lease agreement in full for
5 years from July 1, 2001 until June 30, 2006, subject to the following amendment, which does
not affect any other parts of the agreement.
AMMENDMENT
Amendment #1 Delete subparagraph 1 describing Lot 9 USS 2539 and replace with
the following language.
II DEMISE DESCRIPTION AND USE OF PREMISES
TRACT A Rifle Range - That portion of USS 2539 Lot 9 with a point of beginning
within the Northwest '/4 of Section 12, Range 21 West, Township 29 South, Seward
Meridian, Kodiak, Alaska at the centerline of the Salonie Creek access road at it's 90°
degree turn from a Southwest to Northwest direction, thence North 83° West 4,064.96'
feet, thence North 28° East 4,347.82' feet along the meander line of the 500' elevation of
Kashevaroff Mountain, thence South 51° East 4,582.58' feet to the 200' elevation of
Heitman Mountain, thence South 36° West 1,971.21' feet, thence North 54° West
417.46' feet to the point of beginning, comprising 310.58 acres more or less.
TRACT B Caretakers Site - That portion within the Northwest 1/4 of Section 6,
Township 29 South, Range 20 West, Seward Meridian, Kodiak, Alaska with a Point of
Beginning at the intersection of the Chimak Highway Right of Way and the West
boundary of the existing access road to Salome Creek, thence South along the meander of
the West boundary of the access road 660', thence due West 330', thence due North 660'
to the Southern edge of the Chiniak Highway Right of Way, then East along the meander
of the right of way to the Point of Beginning, containing 5 acres more or less.
File: CAkisa lease 2000.duc.dot
Alaska, IN WITNESS
WHEROF the panics have executed this lease amendment at Kodiak,
a, on this 17 t day of •• }}_`
v �gn�t; 2001.
fi KODIAK ISLAND BOROUGH
ATTEST.
`udith Nielsen, Boro Clerk
STATE OF ALASKA
THIRD JUDICIAL DISTRICT
M
KODIJ
0
} ss.
Patrick S. Carlson, Manager
THIS IS TO CERTIFY that on the `II
day or undersigned, a Notary Public in and for the�State of Alaska, duly commissioned and sworn,
undersigned,
a 2001, before me, the
Y appeared Patrick S. Carlson, to me known and known to me is be the identical
individual described in and who executed the within and foregoing instrument as Manager identical
the
Kodiak Island Borough and he acknowledged to me that he signed the same in the name of and
for and on behalf of said municipality, freely and voluntarily and by authority of its Assembly
for the uses and purposes therein mentioned.
GIVEN UNDER MY HAND and official seal the day and year first above written. .
otary Public for (ka
STATE OF ALASKA /MYCommissionExpires:/?�1I&-VX-
UBLIC
NOTARV
THIRD JUDICIAL DISTRICT ) ss.
/.
THIS IS TO CERTIFY that on the
undersigned, a Notary Public in and For the ! � _ day of �z y ju 2p0I, be
xefore me, the
State of Alaska, d jY commissioned and sworn,
described in and who e , to me known and known to me to be the identical individual
Personally appeared Mark Berenzcuted the within and foregoing instrument as President of the Kodiak
Island Sportsmen's Association and he acknowledged to me that he signed of and for and on behalf of said municipality, freely and voluntarily and by
Assembly for the uses and purposes therein mentioned.
geed the same in the name
ne
GIVEN UNDER authority of its
MY HAND and official seal Zz/the day and year first above written.
ary Public for A
Commission Ex
File! CAkisa lease 2000.doc.dot
' I-10TARV
/1 �z-avU PUBLIC
0
ITEM 12. D. 4.
v KodiaklslandBorough
M E M O R A N D U M
DATE: DECEMBER 28, 1993
TO: BOROUGH
MAYOR AND BOROUGH ASSEMBLY
FROM: BUD CASSIDY ``
r RESOURCE MANAGER/4'L '
SUBJ: SALONIE CREEK RIFLE
ANNUAL YEARLY NOTIFICAATIONGE GRANT REQUIREMENTB
This is an annual memo to ------------
This i notifying the Borough the
Mayor and the Borough
obligations we have assumed Public officials of the
SaIonie Creek Rifle Range when receiving money for the
GRANT program. LAND AND WATER
The money received grant contains
specific requirements that welare obligated to
we accept funds from this some very
program. follow when
One of these requirements states that I am to
reminded on a yearly basis of these responsibilities.
sign a certificate statin keep you
attach a copy of this memo that you have been notified. I
along with the certificate.
Other responsibilities
meet are outlined in
POS
titled T-COMPLETI
SPONSOR. Theses section
comment.
that t
section he Bo rough is obligated to
)N RESPII and III of a document
ONSIBTr.rmro, ..__
are at
Your review
Most of these responsibilities will be
Kodiak Island Sportsmens Association (KISA
lease passed on to the
important to
between the Borough ana as part of the
.responsible for recognize that the Borough KISA' It is
s for compliance of these g is ultimately
sponsor of the grant and owner f the Tequirements as
of property.
Certifficate is attached. Post -Completion Responsibilities
UPDATE OF THE FACILITY AS OF DECEMBER 1993
Of the $535,000 sent in acquiring the almost 700 acres
encompassing the site, approximately $120,000 was provided
through the LWCF grant. I say approximate because the
state takes a healthy administrative cut from this amount.
There remains a few items to be accomplished at the range.
The road to the facility has been grubbed and graded and
most of the numerous culverts have been installed to
control the drainage from an adjacent hillside. Two
culvert remain to be installed.
The buildings for the site (storage, restrooms,
statistical shack) have been purchased or donated but have
not been relocated to the site. A sign has been made and
will be installed in the spring.
The lease of the site to KISA has yet to be signed. It is
with the NRA attorney in Anchorage and is hoped to be
signed soon.
SECTION II
Post -Completion Responsibilities for Project Sponsor
Project Sponsors are required, as recipients of LWCF assistance, to maintain assisted
sites and facilities for public outdoor recreation use following project completion.
A. Property acquired or developed with Land and Water Conservation Fund
assistance shall be operated and maintained according to the following standards.
1. All LWCF assisted project sites must be operated and maintained in a
manner which encourages public participation.
2• The property shall be maintained so as to
ctive and inviting to
the public. Staffing and servicing must be such as orserve he public and
maintain a clean, safe environment for recreation.
3. Sanitation and sanitary facilities shall be maintained in accordance with
good housekeeping and applicable health standards.
4. Properties, facilities and equipment shall be kept reasonably safe for public
use. Fire prevention, lifeguard and similar activities shall be maintained for
Proper public safety.
5. All facilities, roads, trails and other improvements shall be kept in
reasonable repair throughout their estimated lifetime to prevent undue
deterioration and to encourage public use. Erosion problems shall be
corrected.
6. The facility shall be kept open for public use at reasonable hours and times.
Restrooms shall be unlocked during normal park hours.
7. The LWCF acknowledgement sign shall be displayed on-site throughout the
Project life. (See Section ILD for details.)
8. There shall be no unapproved overhead wiring in the facility.
9. EEO signs shall be displayed on-site throughout the project life. (See
Section II.B.4 for details.)
A sponsor responsibility checklist is included as Appendix 1.
3 07/23/92
B. Property acquired or developed with Land and Water Conservation Fund
assistance shall be available to all persons to use and enjoy. The project sponsor
must comply with the following:
1.
Sex. Under Title VI of the 1964 Civil Rights Act property acquired or
developed with LWCF assistance shall be open to entry and use by all
persons regardless of race, color, or national origin, who are otherwise
eligible. The code of Federal Regulations, Title 43, Part 17, effectuates the
provisions of Title V I. The prohibitions imposed by Title VI apply to park or
recreation areas benefiting from Federal assistance and to any other
recreation areas administered by the State agency or local agency receiving
the assistance. Discrimination is also prohibited on the basis of religion or
sex.
2. Discrimination on the Basis of Residence. Section 6(0(8) of the LWCF Act
provides that with respect to property acquired or developed with LWCF
assistance, discrimination on the basis of residence, including preferential
reservation, membership or annual permit systems is prohibited except to
the extent that reasonable differences in admission and other fees may be
maintained on the basis of residence.
Fees charged to non-residents cannot exceed twice that charged to
residents. Where there is no charge for residents but a fee is charged to
non-residents, non-resident fees cannot exceed fees charged for residents
at comparable State or local public facilities. Reservation, membership or
annual permit systems available to residents must also be available to non-
residents and the period of availability must be the same for both residents
and non-residents.
These provisions apply only to the recreation areas described in the project
agreement. Non-resident fishing and hunting license fees are excluded
from these requirements.
3. Discrimination on the Basis of Handicap. Section 504 of the Rehabilitation
Act of 1973 requires that no qualified person shall, on the basis of
handicap, be excluded from participation in, be denied benefits of, or
otherwise be subjected to discrimination under any program or activity
which receives or benefits from Federal financial assistance.
Section 504 of the Rehabilitation Act, as amended in 1978, essentially
prohibits discrimination against disabled persons in all programs, services
and activities provided by Federal Financial Assistance or by a Federal
Agency. In essence, the law requires that programs and facilities be, to the
07/23/92
highest degree feasible, readily accessible to and usable b
have a disability, including mobility, visual, hearing
U.S. Department of the Interior regulations for Federall y all persons who
were published on Jul 7, , or mental impairments.
Programs were published on March 482 and fe1gg7. Primary for Federally
Programs
sets of regulations include the following: Y Conducted
nmary elements of the two
An agency, directly or indirectly, may not:
deny a disabled person the
benefit from, a service opportunity to participate in, or
Opportunity on the basis of their disability;
offer disabled persons an opportunity to participate that is not
equal to that afforded others;
Provide a service for disabled persons that is not as elle tee
as that provided others;
_
provide separate aids or services, unless it is necessary in
order to provide an equal opportunity;
Provide significant aid or assistance to any agency that
discriminates on the basis of disability;
9
deny a disabled person the opportunity to participate as a
member of a Planning or Advisory Board;
each agency shall operate each program or
that... when viewed in its entirety, it is readily accessible to and
usable b activity so
Y disabled persons;
each agency or unit is required to conduct, with the
assistance of interested persons (including disabled
a self -eon of its policies, facilities
services to determine the extent to which the Persons),
Of the regulations; Programs and
Y meet the intent
the agency shall maintain the self-evaluation on file for p
ed persons consulted,
Planned; ublic
inspection, including the list of interest
a description of areas examined, and modifications made or
in choosing among available methods
agency shall give for compliance, the
Priority to those methods that offer
5
07/23/92
programs and opportunities in the most integrated setting
possible;
the agency shall provide program access within 60 days of
the effective date of the regulations, except in cases where
structural modifications are needed. In those cases, changes
shall be made as expeditiously as possible but not longer than
three years;
in the event of structural changes, each unit shall develop a
transition Plan identifying barriers, describing methods to
eliminate the barriers, specifying the schedule for completion,
indicating the official responsible, and identifying the persons
or groups consulted;
the agency shall take appropriate steps to ensure effective
communications with all members of the public, including
disabled persons, regarding its action to comply with these
regulations;
the department has established procedures for receiving and
investigating complaints alleging violations of the regulations
and monitoring implementation of corrective actions.
A copy of the Uniform Federal Accessibility Standards has previously been
forwarded to your agency. Should you need an additional copy, contact our
office.
While not directly effecting LWCF grants, the Americans with Disabilities Act
passed in 1990, also bars discrimination against individuals with handicaps.
Appendix II provides a fact sheet on this very important Act.
4. Equal Opportunity. Because you agreed to accept federal funds to acquire
or build your outdoor recreational projects, you agreed to provide all citizens
of the state and the U.S. equal opportunity to use your facility. Therefore,
you as a LWCF recipient, must post the following statement in each facility:
This project received Federal Funds from the National Park
Service. Regulations of the U.S. Department of the Interior
strictly prohibit unlawful discrimination in departmental
federally assisted programs on the basis of race, color,
national origin, age or handicap. Any person who believes
that he or she has been discriminated against in any program
activity, or facility operated by a recipient of Federal
6 07/23/92
assistance, should write to:
Director, Equal Opportunity Program
U.S. Department of the Interior
National Park Service
P.O. Box 37127
Washington, D.C. 20013-7127
A sample poster is included as Appendix III for your information. You may design
Your own poster utilizing the above language, or copies of the poster demonstrated
as Appendix III may be obtained from Alaska Division of Parks and Outdoor
Recreation, Grants Section, P.O. Box 107001, Anchorage, AK 99510 (907)762-
2609.
C. Property acquired or developed with Land and Water Conservation Fund
assistance must be used as outdoor recreation areas. Depending on the area, this
use may be restricted.
Project sponsors may impose reasonable limits on the type and extent of use of
areas and facilities acquired or developed with Fund assistance when such a
limitation is necessary for maintenance or preservation. Thus, limitations may be
imposed on the numbers of persons using an area or facility or the type of users,
such as "hunters only" or "hikers only". All limitations shall be in accord with the
applicable grant agreement and amendments.
D. It is required that a sign which acknowledges LWCF assistance be displayed on-
site throughout the life of the project. A sample sign is included as Appendix IV
for your information. You may use a sign of your own design. For your
convenience, signs such as demonstrated in Appendix IV may be obtained, at a
cost, from Warning Signs of Alaska, 591 W 67th Avenue, Anchorage, AK
(907)562-2124.
On October 1, 1988, President Reagan signed into law the Department of Defense
Appropriations Act. Section 8136 of this law, which has government -wide
application, provides:
When issuing statements, press releases, requests for proposals, bid
solicitations, and other documents describing projects or programs
funded in whole or in part with Federal money, all grantees receiving
Federal funds, including but not limited to state and local
govemments shall clearly state (1) the percentage of the total cost
of the program or projectwhich will be financed with Federal money,
and (2) the dollar amount of Federal funds for the project or
program.
07/23/92
SECTION III
CONVERSION
Section 6(f)(3) of the Act states that "No property acquired or developed with assistance
under this section shall, without the approval of the Secretary (Department of the Interior),
be converted to other than public outdoor recreation uses. The Secretary shall approve
such conversion only if he finds it to be in accord with the then existing Statewide
Comprehensive Outdoor Recreation Plan (SCORP) and only upon such conditions as he
deems necessary to assure the substitution of other recreation properties of at least equal
fair market value and of reasonable equivalent usefulness and location". The Secretary
has authority to disapprove conversion requests and/or to reject proposed property
substitutions.
The restriction on the use of LWCF assisted properties is a perpetual restriction which
can only be removed by an Act of Congress. Conversions are remedies to otherwise
unresolvable situations, not vested rights in the program.
When an area acquired or developed with Land and Water Conservation Fund assistance
will be used for other than public outdoor recreation use, this use constitutes a conversion
under Section 6(f)(3) of the Land and Water Conservation Fund Act. Properties acquired
or developed with LWCF assistance are prohibited by Section 6(f)(3) of the LWCF Act
from conversion to other than Public outdoor recreation use. As stated earlier,
conversions are remedies to otherwise unresolvable situations, not vested rights in the
program.
Conversions generally occur in the following four situations:
t. Property interests are conveyed for non-public recreation uses.
2. Non -outdoor recreation uses (public and private) are made of the area, or
a portion thereof.
3. Non -eligible indoor recreation facilities are developed within the project
area.
4. Public outdoor recreation use of property acquired or developed with LWCF
assistance is terminated.
Examples of conversions are construction of through -roads, construction of residential,
industrial and commercial developments, water or sewer lines, community centers,
gymnasiums, senior centers, offices, residents, electrical easements, private circus
07/23/92
showings, and other uses not permitted under the LWCF Program.
Conversions are normally discovered in the following manner:
1. Inspection by Regional Parks/Recreation Consultant or other staff.
2. Contact with local officials.
Pre -conversion activities, those activities leading to a
also be discovered using the above-mentioned means
1 • Local news media reports.
2. Intergovernmental review process.
conversion of park property, may
and the following:
Some examples of pre -conversion activities are plans and specifications for construction,
Public hearings, application for permits, etc.
Construction on Park Sites?
What do you do if construction is necessary on a park site?
When any construction on LWCF assisted park property is necessary, the local sponsor
must contact the grant administrator with the Alaska Division of Parks and Outdoor
Recreation. Do not be in an work on or disturbance of the ark site until this contact
is made. As soon as the grant administrator has been contacted, a meeting will be held
with the project sponsor to determine if the activity is allowable, or exempt from the
Section 6(f)(3) requirements of the Land and Water Conservation Fund Act. According
to LWCF Manual Section 675.9(3)A.(5), exceptions to a conversion may be allowed for
the following:
1. Underground utility easements that do not have significant impacts upon the
recreational utility of the park will not constitute a conversion.
2. Proposals to construct public facilities where it can be shown that there is
a gain or increased benefit to public outdoor recreational opportunity, will
not constitute a conversion. Final review and approval of such cases shall
be made on a case-by-case basis.
The Secretary of the U.S. Department of the Interior has the final word regarding
conversions.
9 07/23/92
December 26, 1993
Kodiak Island Borough
710 MILL BAY ROAD
KODIAK, ALASKA 99615.6340
PHONE (9117) 486.5736
Jimmie L. Price
Alternate State Liaison Officer
Alaska Division of Parks and Outdoor Recreation
ATTN: Grants Section
P.O. Eos 107001
Anchorage, AR. 99510-7001
re: Land And Water Conservation Fund (LWCF) Grant Program
02-00346 Salonie Creek Rifle Range.
ANNUAL CERTIFICATION OF POST -COMPLETION
Enclosed is a signed certificate stating that I have read
the booklet titled POST -COMPLETION RESPONSIBILITIES - A
HANDBOOK FOR PROJECT SPONSORS. The information found in
the booklet was summarized, and a memo was composed
informing the Borough Mayor and the Assembly of the
responsibilities the borough is obligated to perform by
accepting this grant. This information will be provided at
the Assembly's January 6, 1994 meeting.
As the Resource Manager for the Borough, I will be
monitoring the use of the land and facilities so that they
are consistent with the conditions spelled out in the
grant.
Should you have any questions, Please call me at 486-9302.
Sincerely,
Bud Cassidy
Resource Mana r
cc: Jerome Selby, Mayor
OKL 219
0
LAND AND WATER CONSERVATION FUND GRANT PROGRAM
POST -COMPLETION RESPONSIBILITIES CERTIFICATION
Project Sponsor Name
I hereby certify that I have read and understand the contents of the Land and Water Conservation
Fund (LWCF) grant program booklet entitled Post -Completion Responsibilities: A Handbook
for Proiect Sponsors. Further, I will brief the appropriate governmental officials annually to
ensure strict compliance with post -completion requirements of the LWCF program.
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To maintain eligibility to participate in the LWCF program in Alaska, complete and return this
form by December 31. 1993 to:
Alaska Division of Parks and Outdoor Recreation
ATTN: Grants Section
P.O. Box 107001
Anchorage. AK 99510-7001
Questions regarding this form or the project sponsor post -completion responsibilities may be
forwarded to the above address, or you may contact a grant administrator at (907) 762-2607 or
762-2608, or FAX us at (907) 762-2535.
JAMIN, EBELL, BOLGER, & GENTRY
A PROFESSIONAL CORPORATION
JOELM. UOLGER'
C. WALTER EBELL'
DUNCAN S. FIELDS
DIANNA R. GENTRY
MATTHEW O. JAMIN
WALTER W. MASON'
ALAN L. SCHMITT
•H,,.e,T ED TO NA6NA
w.aYnUwioN uus
inFA6uw,rt [D io
Bud Cassidy
Resource Management Officer
Kodiak Island Borough
710 Mill Bay Road
Kodiak, AK 99615
ATTORNEYS AT LAW
323 CAROLYN STREET
KODIAK, AI ASIA 99615
TELEPHONE: (907) 486-6024
FACSIMILE: (907)486-6112
REPLY TO KODIAK OFFICE
October 27, 1993
Re: Salonie Creek Lease
Our File No. 4702-317
Dear Bud:
e41
ANCHORAGE OFFICE:
1200 I STREET. SUITE 704
ANCM ORAGE.NO SOI
TELEPHHONEONE O
f907) 2796"I00
SEATTLE OFFICE.
300 MUTUAL LIFE BUILDING
60$ FIRST AVENUE
SEATTLE, WASHINGTON 96106
TELEP8ONE:(206) 6227694
FAOSIMILE: (206) 623-7421
Based upon Mr. Bourbeau's comments, 1 have modified paragraph XXill
consistent with his suggestions. I also made a minor change in the paragraph
headings. However, according to paragraph XXXIII, the captions are for
convenience only and are not a part of the lease.
Also, I have modified paragraph XXV to make it clear that should KISA not
provide insurance or allow the insurance to lapse, it will be deemed a major
default. Previously, it would have been deemed a default in payments. If you
have any questions about that, please let me know.
If this document appears satisfactory to you, I will send a copy to KISA's
attorney, Dean Smith. Please let me know when I should do that.
Sincerely yours,
JAMIN, EBELL, BOLGER 6 GENTRY
Alan L. Schmitt
ALS/js
Enclosure
cc: Ho -rable Jerome Selby, Mayor
-Mr. Jack McFarland, Presiding Officer
Kodiak Island Borough Assembly
4702'',317L. 003
Hi` l"N f— J \ / }r—
OCT 2 9 1993
ni,.nh r;M1 jLrilVu :'JUHUUUI'
JAMIN, EBELL, BOLGER & GENTRY
Bud Cassidy
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Resource Management Officer ;7
Kodiak Island Borough u/
710 Mill Bay Road
Kodiak, AK 99615
Re: Saloriie Creek Lease
Our File No. 4702-317
Dear Bud:
With this Letter I enclose a revised ground lease agreement oetweeu the
borough and the Kodiak Island Sportsmen's Association relative to the Salonie
Creek Shooting Range. For your reference, I have changed the previous draft as,
described in this letter.
First, reference to Resolution No. 92--26 has been placed in the
introductory paragraph.
Second, the preamble has been modified to reference the Burough's purchase
Of the buildings and culvert with the related activity by KISA.
Third, Section II has been modified in several respects to make it clear
that the Borough has no interest in the sub -surface estate. Since it is
conceivable that Koniag, Inc. could convey its interest in the sub -surface, it
does not seem appropriate to specify the actual owner since it is subject to
change.
Next, I have modified the section on rent (1V) to provide for a three year
rental term. This should meet your desire to have it periodically reviewed. You
raise good points in your August 24, 1993 letter regarding the establishment of
the rental amount.
Next, in Section v(i), I have added langusge consistent with the
information you obtained from Joy Bryan-Dolsby,
Next, I have modified Sectiun XX to provide the date certain for obtaining
building permits.
Next, relative to Section XXIII on insurance, it is significant that the
Buruugh's insurance broker has confirmed that KISA's insurance policy provides
adequate coverage for the Borough. However, to assure that that coverage remains
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ATTORNEYS AT LAW
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Bud Cassidy
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Resource Management Officer ;7
Kodiak Island Borough u/
710 Mill Bay Road
Kodiak, AK 99615
Re: Saloriie Creek Lease
Our File No. 4702-317
Dear Bud:
With this Letter I enclose a revised ground lease agreement oetweeu the
borough and the Kodiak Island Sportsmen's Association relative to the Salonie
Creek Shooting Range. For your reference, I have changed the previous draft as,
described in this letter.
First, reference to Resolution No. 92--26 has been placed in the
introductory paragraph.
Second, the preamble has been modified to reference the Burough's purchase
Of the buildings and culvert with the related activity by KISA.
Third, Section II has been modified in several respects to make it clear
that the Borough has no interest in the sub -surface estate. Since it is
conceivable that Koniag, Inc. could convey its interest in the sub -surface, it
does not seem appropriate to specify the actual owner since it is subject to
change.
Next, I have modified the section on rent (1V) to provide for a three year
rental term. This should meet your desire to have it periodically reviewed. You
raise good points in your August 24, 1993 letter regarding the establishment of
the rental amount.
Next, in Section v(i), I have added langusge consistent with the
information you obtained from Joy Bryan-Dolsby,
Next, I have modified Sectiun XX to provide the date certain for obtaining
building permits.
Next, relative to Section XXIII on insurance, it is significant that the
Buruugh's insurance broker has confirmed that KISA's insurance policy provides
adequate coverage for the Borough. However, to assure that that coverage remains
September 3, 1993
Re: Salonie Creek Lease
Page 2
in piece, the actual dollar amounts should be inserted. This will make it clear
that KISA has an ongoing obligation to provide the coverage.
please look this document over and let me know if you have CUmnlenTs or
suggestions. It would appear that we are getting close to having the lease in
a form to present to KISA's attorney for his review.
Sincerely yours,
JAMIN, EBELL, BOLGER & GENTRY
Alan L, Schmitt R'ECI EE
ALS/js }J
Enclosure
cc: Honorable Jerome Selby, Mayor9(33
Mrs Jack McFarland, Presiding Officer
L -Kodiak Island Borough Assembly `�UUipn iJ�nwL mUNUUIar
4702\317t_ 002 LFRK'S C)FFfCF